Last week marked the close of the 30th Conference of the Parties (COP30) to the United Nations Framework Convention on Climate Change (UNFCCC) in Belém, Brazil. COP30, billed by some as the COP of “truth” or “implementation,” sought to advance key issues tied to the climate goals established under the Paris Agreement, now ten years
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Ninth Circuit Enjoins California Climate Risk Disclosure Law as CARB Moves Forward with Implementation
For companies assessing their compliance obligations under California’s climate disclosure laws, the whirlwind of legal developments, shifting implementation guidance from the California Air Resources Board (CARB), and uncertainty about the laws’ applicability and substantive compliance obligations continues to present challenges.Continue Reading ›
Agencies Issue a Proposal to Update the Definition of WOTUS
On November 20, 2025, the U.S. Environmental Protection Agency and U.S. Department of the Army issued a notice of a proposed rulemaking to update the definition of “waters of the United States” under the Clean Water Act for consistency with the US Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency and to clarify…
NEW Frequently Asked Questions About EPA’s Expansive PFAS Reporting Rule Under the Toxic Substances Control Act
Back in October of 2023, we provided a list of “Frequently Asked Questions” and answers regarding the US Environmental Protection Agency’s (EPA’s) final reporting rule for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). As of May 8, 2024, many companies are facing a one-year countdown to the deadline…
In Groundbreaking Final Rule, EPA Designates Two PFAS as Hazardous Substances Under CERCLA
On April 19, 2024, the US Environmental Protection Agency (EPA) released a pre-publication copy of its much-anticipated final rule adding two per- and polyfluoroalkyl substances (PFAS) to the list of “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). The rule will be effective 60 days after publication in the…
EPA Finalizes Landmark Rule Setting Stringent New Limits for Six PFAS in Drinking Water
On April 10, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication copy of its final rule to establish limits on six per-and-polyfluoroalkyl substances (PFAS) in drinking water under the Safe Drinking Water Act (SDWA). The rule will be effective 60 days after publication in the Federal Register.…
SEC Adopts Long-Awaited Final Climate Disclosure Rules
On March 6, 2024, by a party-line vote of 3-2, the US Securities and Exchange Commission (SEC) adopted final rules (entitled “The Enhancement and Standardization of Climate-Related Disclosures for Investors”) requiring most public companies to disclose climate-related information in registration statements and annual reports filed with the SEC. The SEC first proposed climate disclosure rules…
California Issues Enforcement Warning for PFAS in Cookware and Food Packaging Laws
On October 17, 2023, California Attorney General (AG) Rob Bonta released an enforcement advisory letter1 to manufacturers, distributors, and sellers of food packaging and cookware detailing how he intends to enforce AB 1200.2 The law bans the sale of regulated per- and polyfluoroalkyl substances (PFAS) in food packaging in California, and also requires disclosure and…
Legal Considerations for Circular Economy Strategies
Over the past several years, circular economy goals have become nearly ubiquitous in corporate sustainability strategies.
This trend is driven by a number of factors, including consumer interest in sustainable products, opportunities for generating circular revenue — i.e., generating revenue at multiple points in a product’s life cycle, such as through product collection and refurbishing…
Earth Day Fee Increases: EPA Significantly Increases TSCA Fees to Add Resources for TSCA Implementation
On February 21, 2024, the US Environmental Protection Agency (EPA) released its final rule adjusting the fees it collects under the Toxic Substances Control Act (TSCA). EPA is required under TSCA Section 26 to review and, if necessary, adjust the fees every three years to ensure that funds are sufficient to defray part of the…