On March 23, 2026, the California Air Resources Board (“CARB”) held a public, “pre-rulemaking” workshop to introduce regulatory approaches for reporting greenhouse gas (“GHG”) emissions under the Climate Corporate Data Accountability Act (“SB 253”). SB 253 requires U.S.-based entities with more than $1 billion in annual revenue doing business in California to report emissions annually.
FDA Publishes Study on PFAS in Cosmetics
Long-awaited study highlights data gaps and stops short of making definitive safety determinations.
By Julia A. Hatcher, Tom Lee, Hunter J. Kendrick, and Meryl E. Bartlett
Key Points:
- Based on product listings submitted from 2022 through August 2024 identifying all ingredients in each product, FDA identified 51 PFAS intentionally added as ingredients,
Forthcoming Decision Could Impact Preliminary Injunctions In Environmental Cases
The Fourth Circuit Court of Appeals recently held oral argument in what has been described as a landmark Clean Water Act case involving whether a permit violation can create a presumption of irreparable harm sufficient to support an order granting a preliminary injunction.Continue Reading ›
Emerging State-Level Greenhouse Gas Emissions Reporting Frameworks
As the US Environmental Protection Agency (EPA) rolls back greenhouse gas (GHG) laws, rules, and regulations consistent with Trump Administration priorities, several states are advancing legislation to create their own GHG emissions reporting frameworks. While some of these initiatives generally mirror California’s climate disclosure requirements, this new state-led regulatory landscape is creating a state-by-state patchwork that businesses must now monitor.
Federal Rollback
Beginning with President Trump’s Executive Order 14154, “Unleashing American Energy” (January 20, 2025), the Trump Administration has made clear that it opposes any laws—federal or state—addressing the causes or impacts of climate change. For example:
- Executive Order 14154 revoked a suite of existing climate-related presidential executive orders and abolished offices, programs, and funding established pursuant to them.
- The Securities and Exchange Commission ended its in-court defense of corporate climate disclosure rules, which were adopted on March 6, 2024. Consequently, the climate disclosure rules will not go into effect.
- On April 8, 2025, President Trump signed Executive Order 14260, “Protecting American Energy From State Overreach,” which aims to stop the enforcement of state laws addressing climate change on the ground that they are unconstitutional, unenforceable, and preempted by federal law.
- Most recently, the EPA finalized a rule on February 12, 2026, overturning its own “Endangerment Finding”—a finding that allowed EPA to regulate GHGs as pollutants under the Clean Air Act and underpins virtually all federal laws regulating GHGs.
Terminology
Generally speaking, GHG reporting laws focus on Scope 1, 2, and 3 emissions. For the uninitiated, the different “Scopes” are as follows:
- Scope 1 Emissions: These are direct emissions from sources that a company owns or controls (think, stack emissions from an industrial facility).
- Scope 2 Emissions: These are indirect emissions associated with the generation of purchased electricity, steam, heating, and cooling that the company consumes. While the business does not produce these emissions directly, they are a consequence of the energy the company uses.
- Scope 3 Emissions: This category encompasses all other indirect emissions that occur upstream and downstream along a business’s supply chain and, in some instances, can contribute far more to a business’ carbon footprint than Scope 1 or 2 emissions combined. Scope 3 emissions can include downstream production, shipping, waste, disposal, employee transportation, and the like.
State Patchwork
GHG emissions reporting legislation has been enacted and/or introduced in California, Colorado, Illinois, Maryland, Minnesota, New Jersey, New York, and Washington. (NB: This article does not discuss California. Our firm’s coverage of California’s emissions regulations can be found in this detailed overview and this recent update.) A brief summary of legislation currently in effect, proposed, and attempted is summarized below:
Parties Trade Post‑Argument Letters Over EPA’s PFAS Hazardous Substance Designation
We previously reported that the U.S. Chamber of Commerce and two other trade groups are challenging EPA’s designation of PFOA and PFOS as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The D.C. Circuit heard oral argument on January 20, 2026. As discussed below, the litigants filed a series of
Court Denies EPA’s Motion to Sever and Stay Challenges to MCLs for Four Index PFAS
On March 19, 2026, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit denied EPA’s request to sever and stay challenges to drinking water standards, known as MCLs, for four PFAS (PFHxS, PFNA, HFPO‑DA, and mixtures of any of these three plus PFBS). These four PFAS are referred to as “Index
Florida’s Infill Redevelopment Act Unlocks New Residential Development Opportunities on Impacted Land in South Florida
Consistent with other recent legislative initiatives to address housing scarcity and affordability, the Florida Legislature recently passed the Infill Redevelopment Act.
President Trump Issues Housing Affordability Executive Order
On March 13, President Donald Trump signed a new executive order entitled “Removing Regulatory Barriers to Affordable Home Construction.”
EPA Extends ELG Deadlines, Increases Compliance Flexibility
On March 2, EPA’s final ELG Deadline Extensions Rule for the steam electric power generating industry went into effect. Additionally, EPA has indicated its intent to conduct supplemental rulemaking to address the underlying requirements in the 2024 ELG Rule. On March 9, EPA submitted a separate proposal to the Office of Management and Budget specifically
Township of Marple and the Scope of Agency Environmental Review Under the Environmental Rights Amendment
In a closely watched case involving a natural gas “reliability station,” the Pennsylvania Commonwealth Court recently reiterated quite plainly that court’s narrow view of the Pennsylvania Environmental Rights Amendment, Article I, Section 27, of the Pennsylvania Constitution.