On April 21, Troutman Pepper Locke secured a landmark preliminary injunction on behalf of a consortium of eight regional renewable energy trade groups and a renewable energy nonprofit, blocking further implementation of five directives issued by the Department of the Interior (DOI) and the Army Corps of Engineers (the Corps) aimed at creating impediments for
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Oregon Calls Out Noncompliant Producers as Packaging EPR Enforcement Era Begins
The Oregon Department of Environmental Quality (DEQ) issued a list of companies that are allegedly noncompliant “producers” under Oregon’s extended producer responsibility (EPR) law for packaging and paper products, known as the Recycling Modernization Act (RMA). The list appeared on the Circular Action Alliance’s (CAA) website on April 10, 2026. The CAA is the “Producer…
The Pit Bull Still Bites: District Court Cuts Down Recent (And Potentially Future) Endangered Species Act Regulatory Amendments
A March 30, 2026, decision from the U.S. District Court for the Northern District of California, in Center for Biological Diversity v. U.S. Department of the Interior, vacated key provisions of the Endangered Species Act (ESA) regulations, including several regulations from 2019 that were revised and/or reissued in 2024. This ruling arrives amid a swirl…
California Advances Climate Disclosure Regulations
At a public hearing held February 26, 2026, the California Air Resources Board (CARB) approved a resolution to adopt initial regulations implementing California’s landmark climate reporting and disclosure laws, the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261), which will require private and public companies whose revenues…
Five For Five: How the APA Protected Offshore Wind (For Now)
On December 22, 2025, the Bureau of Ocean Energy Management (BOEM) issued short and nearly identical lease suspension orders that halted construction on five utility-scale offshore wind projects off Virginia, New York, Rhode Island, and Massachusetts, alleging new and classified national security threats. These suspensions sparked an immediate wave of litigation as the affected developers…
Court Enjoins Oregon’s Extended Producer Responsibility Law for Some Companies, but Others Face Continued Compliance Obligations
On February 6, 2026, an Oregon district court issued a decision barring the Oregon Department of Environmental Quality (DEQ) from enforcing the nation’s first extended producer responsibility (EPR) law for packaging, food serviceware, and paper products (referred to as “covered products” under Oregon’s law). The very brief order enjoins DEQ from enforcing the state’s Plastic…
EPA’s Proposed CWA 401 Rule Narrows Scope of State Reviews, Reins in Timelines
On January 15, 2026, the Environmental Protection Agency (EPA) published the long-awaited proposed rule Updating the Water Quality Certification Regulations (Proposed Rule), which, if adopted, would largely reinstate the previous Trump administration’s 2020 Clean Water Act Section 401 Certification Rule (2020 Rule). EPA’s proposal seeks to limit the scope of state-issued water quality certifications (WQCs)…
US Army Corps of Engineers Finalizes 2026 Nationwide Permit Package
On January 8, 2026, the U.S. Army Corps of Engineers finalized 57 Nationwide Permits first proposed in June of last year. Nationwide Permits (NWPs) are streamlined federal permits for activities that affect waters of the United States, ranging from routine development and infrastructure projects to major projects. In this action, the Corps:
- Reissues and modifies
…
CARB Kicks Off Holiday Season with Release of Proposed Initial Rule Implementing California Climate Disclosure Laws
On December 9, 2025, the California Air Resources Board (CARB) released a rulemaking package for its proposed “initial regulation” to implement California’s landmark climate disclosure laws: Senate Bill (SB) 253, requiring annual reporting of Scope 1, Scope 2, and Scope 3 greenhouse gas (GHG) emissions, and SB 261, requiring the disclosure of climate-related financial…
Spin Doctor: Court Strikes Down Wind Permitting Freeze As Illegal
On Monday, the U.S. District Court for the District of Massachusetts struck down the freeze on federal permits for wind energy projects — a central component of the Wind Presidential Memorandum (the Wind Order) issued on the first day of the current administration. Judge Patti Saris’s opinion held that the Wind Order is arbitrary and…