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)
Environmental Law & Policy Monitor
Analysis and commentary on developments in environmental and natural resources law
Latest from Environmental Law & Policy Monitor
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…
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,…
Navigating a New WOTUS Definition: Agencies Redefine the Line
Over the past decade, the definition of “waters of the United States” (WOTUS) has shifted repeatedly, creating uncertainty for permitting and project planning. Building on the Supreme Court’s Sackett v. EPA decision, the EPA and the U.S. Army Corps of Engineers (together, the agencies) announced a proposal this week to further refine which water features…
EPA Proposes to Scale Back TSCA PFAS Reporting Rule
As the longest federal government shutdown on record continued earlier this week, EPA stayed busy putting the finishing touches on one of its PFAS-related priorities — enabling EPA to “smartly collect” information about PFAS substances under the Toxic Substances Control Act (TSCA) as required by Congress in the National Defense Authorization Act for Fiscal Year…
CARB Delays Rulemaking on California Climate Laws
On October 14, 2025, the California Air Resources Board (CARB) quietly announced it was delaying its release of a proposed rulemaking on California’s climate laws.
While the rules were originally mandated by January 1, 2025, a statutory amendment in 2024 pushed that deadline to July 1, 2025. As that date came and went without…
CARB Releases List of Entities Potentially Subject to Climate Disclosure Requirements
On September 24, 2025, the California Air Resources Board (CARB) published a list of entities it believes may be subject to the state’s climate disclosure laws, Senate Bill (SB) 253 and SB 261, which require companies “doing business in California” and meeting certain revenue thresholds to disclose their greenhouse gas emissions (SB 253…
Clarity on California’s Climate Disclosure Rules Could Be on the Horizon
As the January 1, 2026, deadline to make the first required disclosure under California’s landmark climate laws approaches, the California Air Resources Board (CARB) has announced that it will host another virtual public workshop on August 21 to discuss its ongoing efforts to develop regulations implementing California Senate Bills (SBs) 253 and 261. SB 253…