On July 14, 2026, a federal court issued a preliminary injunction enjoining California Attorney General Rob Bonta and “all those in privity or acting in concert with” him from enforcing California’s Truth in Recycling Law, SB 343. While this decision is favorable for the plaintiff organizations and their members, it raises additional questions for non-plaintiff
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CARB Holds Public Workshop on Regulatory Concepts for Reporting Under California SB 253
The California Air Resources Board (CARB) held a public workshop on July 21, 2026, to preview regulatory concepts for a forthcoming proposed rule to implement the California Corporate Greenhouse Gas Reporting Program (SB 253) requirements beginning in 2027. CARB did not specify a timeframe for release of the proposed rule, which will be subject to…
Senate Proposal Would Mandate New “Connect and Manage” Approach to Grid Interconnections
On July 16, Senator Martin Heinrich (D-NM), Ranking Democrat on the Senate Energy and Natural Resources Committee, introduced legislation to provide for a streamlined, time-limited electric generation interconnection review process for generation projects that agree to limit their output to a level that will not require grid upgrades. This approach is modeled on the “connect…
Habitat modification is no longer prohibited "take" under the Endangered Species Act
On July 14, 2026, the US Fish and Wildlife Service and the National Marine Fisheries Service (together, Services) issued a final rule rescinding the regulatory definition of “harm” under the Endangered Species Act (ESA) and thereby shifting its interpretation of the ESA’s “take” prohibition to no longer extend to habitat modification. This rule marks the…
Court Resets Key ESA Section 7 Consultation Standards
The Northern District of California vacated portions of four provisions in the Endangered Species Act Section 7 consultation regulations, reinstating earlier regulatory text governing effects of the action, mitigation measures, adverse modification, and the Service’s duty to request reinitiation. Continue Reading ›
California’s “Compostable” Labeling Standard: What to Expect in 2027
Starting in June 2027, California’s “compostable” labeling standard will prohibit certain products from being labeled as “compostable,” even if they are ASTM-certified. This is particularly important considering California’s Extended Producer Responsibility (EPR) law, which will require covered products to be either recyclable or compostable by 2032. Regulated entities should understand the contours of California’s “compostable”…
DOT Proposes to Revamp its Air Fare Advertising Rules
On July 1, 2026, the US Department of Transportation issued a notice of proposed rulemaking to revamp its rules related to air fare advertising. Specifically, DOT proposes to amend its rules to allow air fare components to be displayed with the same prominence as the total air fare price; eliminate prescriptive advertising regulation stating that…
FERC “Show Cause Orders” Seek to Accelerate Large Load Interconnections to the Grid
On June 18, the Federal Energy Regulatory Commission (FERC) took long-anticipated action to speed the interconnection of data centers, other large loads, and the generation resources necessary to power them to the interstate transmission grid. FERC has responded to a late 2025 proposal from the Department of Energy by issuing “Show Cause Orders” to each…
FERC to Limit Cumulative Effects Analyses
On June 18, 2026, the Federal Energy Regulatory Commission issued an order granting a certificate of public convenience and necessity to Eastern Gas Transmission and Storage, Inc. to add 550,000 dekatherms per day of firm transportation service on its system in Pennsylvania and Ohio through the “Appalachian Reliability Project.” In the Certificate Order, the Commission…
EPA’s Superfund Solutions Initiative: Evolution, Not Revolution
On June 3, 2026, EPA announced its new “Superfund Solutions Initiative,” a strategic effort intended to accelerate cleanup of the more than 1,340 sites currently listed on the National Priorities List. The initiative focuses on three broad objectives: enhancing project management, deploying existing cleanup authorities earlier in the process and applying what EPA describes as…