On November 21, 2025, the New Jersey Department of Environment Protection (NJDEP) filed notice with the U.S. District Court for the District of New Jersey that on January 7, 2026, it will move for entry of the Judicial Consent Orders (JCO) with 3M and DuPont and its related companies (the DuPont Entities). NJDEP had previously
The CSRD/CSDDD Omnibus Endgame: Key Points for Companies
After months of uncertainty, the outlook for key EU sustainability laws is far clearer.
On November 13, 2025, the European Parliament adopted its negotiating position on the Corporate Sustainability Reporting Directive (“CSRD”) and the Corporate Sustainability Due Diligence Directive (“CSDDD”) Omnibus simplification. This follows the European Commission’s Omnibus proposal in February (see more here)
EPA Proposes New Clean Water Act Definition of “Waters of the United States”
On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the Department of the Army published their proposed rule to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). Following more than a decade of litigation and WOTUS “repeal and replace” rulemaking, the current administration promotes
Agricultural Law Weekly Review—November 25, 2025
Webinar Dec. 12, 2025, Understanding the Clean Water Act & Ag: Biosolids & Food Processing Waste Land Application
WOTUS: EPA, Army Corps Publish New ‘Waters of the United States’ Definition
On November 20, 2025, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule
Petitioners File Reply Brief Challenging EPA’s PFAS Hazardous Substance Designation
As previously reported, the U.S. Chamber of Commerce and two other trade groups have challenged EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA. On November 14, 2025, petitioners filed their Joint Reply Brief in the U.S. Court of Appeals for the D.C. Circuit, again urging the court to vacate EPA’s Final
Streamlining LNG Oversight: FERC’s Next Evolution in Part 157 Approach
On November 20, 2025, the Federal Energy Regulatory Commission issued a Notice of Inquiry (Docket No. RM26-2-000) asking whether operators of liquefied natural gas (LNG) plants should be allowed to perform certain maintenance, repair and upgrade activities without filing a new application under the Natural Gas Act, as is currently the case. The proposal parallels a hydroelectric inquiry released the same day and draws from the Commission’s long-standing 18 C.F.R Part 157 “blanket certificate” framework for pipelines.
Ninth Circuit Pauses Looming California SB 261 Compliance Deadline; CARB Clarifies Related Guidance
On Nov. 18, 2026, the United States Court of Appeals for the Ninth Circuit issued a preliminary injunction enjoining the enforcement of California’s SB 261, which had an initial compliance deadline of Jan. 1, 2026. The same day, the California Air Resource Board (CARB) issued updated guidance concerning its rule-making efforts for both SB
Wildlife Agencies Issue Four Proposed Rules to Revert Endangered Species Act Practices to 2019 Interpretations
On Nov. 21, 2025, the U.S. Fish and Wildlife Service (FWS) released four proposed rules to revise its Endangered Species Act (ESA) implementing regulations, all of which would apply only prospectively. 90 Fed. Reg. 52587, 52592, 52600, 52607. FWS crafted two of the proposed rules jointly with the National Marine Fisheries Service (NMFS), the agency
Groundhog Day: Proposed Revisions to ESA Regulations (Mostly) Reinstate the 2019 Rules
This article was republished in the December 2025 edition of E-Outlook, the Environmental & Natural Resources Section of the Oregon State Bar’s newsletter.
This week, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) proposed revisions to the Endangered Species Act (ESA) regulations that, if finalized, will generally restore the regulations adopted in 2019, during President Trump’s first term. The proposed regulations were published in the Federal Register on November 21, 2025, starting a 30-day public comment period that ends on December 21, 2025.
Decree Establishes Administrative Facilities for the Regularization of Concession and Assignment Titles of National Waters in Mexico
On Oct. 28, 2025, Mexico’s Head of the Executive Power, Claudia Sheinbaum, published in the Official Gazette of the Federation (DOF) the Decree establishing administrative facilities for the regularization of concession and assignment titles granted to users of national waters. In line with the National Water Plan 2024-2030, the Decree aims to establish a procedure