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Astrika Adams

Congress Eyes Sweeping Changes to Carbon and Biomass Incentives: 45Q Tax Credit Reforms, New Biochar Program, and Forest Residues Carbon Credit Introduced

Senate Draft of BBB Would Standardize and Reduce Value of 45Q Credit, Diminishing Incentives for Long-Term Carbon Storage - The Senate’s draft of the “One Big Beautiful Bill” (BBB) proposes several material changes to Section…more

Biomass, Carbon Capture and Sequestration, Climate Change, Department of Energy (DOE), Energy Policy

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Alyse Adamson

What the New Executive Order on “Fighting Overcriminalization in Federal Regulations” Means for Environmental Criminal Enforcement

On May 9, 2025, President Trump issued Executive Order No. 14294, “Fighting Overcriminalization in Federal Regulations” (EO), which reinforces the administration’s deregulatory agenda. While sweeping in scope, the EO has…more

Clean Air Act, Clean Water Act, Criminal Prosecution, Department of Justice (DOJ), Enforcement Priorities

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Amber Ahmed

Carbon Sequestration in Texas: EPA Region 6 Issues Draft Permits for Proposed Geologic Sequestration of Carbon Dioxide in Texas (Updated)

This alert was originally published on September 19, 2024, and has been revised based on recent developments. Update: On April 29, 2025, US EPA and the Texas Railroad Commission (RRC) signed a memorandum of agreement…more

Carbon Capture and Sequestration, Energy Projects, Energy Storage, Environmental Protection Agency (EPA), Greenhouse Gas Emissions

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Leandra Ansah

Carbon Markets Roundup - November 2024

Overview - Beveridge & Diamond’s Carbon Markets Roundup covers domestic and international issues of note in mandatory and voluntary markets, as well as related regulatory programs aimed to reduce greenhouse gas (GHG)…more

Carbon Emissions, CFTC, Climate Change, Energy Sector, Greenhouse Gas Emissions

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James Auslander

FWS to Evaluate ESA Section 10 Permits

On June 9, 2025, the U.S. Fish and Wildlife Service (FWS) published a request for information (RFI) seeking to improve the efficiency and effectiveness of key permitting programs under Section 10(a) of the Endangered Species Act…more

Endangered Species Act (ESA), Environmental Litigation, Government Agencies, Habitat Conservation Plan, Permits

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David Barker

EPA Finalizes Novel Herbicide Strategy to Protect Endangered Species

As part of its responsibilities under the Endangered Species Act (ESA), the U.S. Environmental Protection Agency (EPA) recently released its final Herbicide Strategy to address potential impacts of conventional herbicides on…more

Endangered Species, Environmental Protection Agency (EPA), Herbicides, Pesticides

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Abby Barnicle

EPA Region 1 Doubles Down on Unprecedented Effort to Require Stormwater Permits for an Expansive Range of Formerly Unregulated Properties (Updated)

Update: On January 31, under the new Trump administration, the U.S. Environmental Protection Agency (EPA) reopened the comment period for the 2024 Preliminary Designation and draft General Permit for CII properties. Written…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), NPDES, Permits

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Leigh Barton

EPA Finalizes Rule Phasing Down Hydrofluorocarbons

The U.S. Environmental Protection Agency (EPA) published a final rule on October 5, 2021 establishing an allowance allocation and trading program for hydrofluorocarbons (HFCs). The rule implements certain key requirements under…more

Environmental Protection Agency (EPA), Greenhouse Gas Emissions, HFC Emissions, Ozone

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Gus Bauman

Supreme Court Finds Fifth Amendment Taking in State Regulation Granting Access to Private Property

In a major victory for property owners facing state and local land use regulation, the U.S. Supreme Court on Wednesday ruled 6-3 that a California regulation granting union organizers the right to access private property is a…more

Agricultural Workers, Cedar Point Nursery v Hassid, Farm Workers, Farms, Fifth Amendment

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Nicole Bayne

2024 Litigation Look Ahead Series: Challenges to Administrative Law Judges, Judicial Review Process Could Limit Executive Power

B&D is pleased to present the third installment of our 2024 Litigation Look Ahead series. (Read part two on the increased application of the major questions doctrine here.) In this section of the compilation, our litigation…more

Administrative Law Judge (ALJ), Administrative Proceedings, Constitutional Challenges, Enforcement Actions, Judicial Review

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Christopher Bolte

What the New Executive Order on “Fighting Overcriminalization in Federal Regulations” Means for Environmental Criminal Enforcement

On May 9, 2025, President Trump issued Executive Order No. 14294, “Fighting Overcriminalization in Federal Regulations” (EO), which reinforces the administration’s deregulatory agenda. While sweeping in scope, the EO has…more

Clean Air Act, Clean Water Act, Criminal Prosecution, Department of Justice (DOJ), Enforcement Priorities

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Madeleine Boyer

Tracking Update: Trump Administration's Latest Deregulatory Actions on Energy, Environment and Natural Resources

President Trump has issued a flurry of new Executive Orders and Presidential Memoranda aimed at advancing the Administration’s deregulatory agenda, particularly in the energy and environmental sectors. This advisory provides a…more

Clean Air Act, Climate Change, Energy Sector, Environmental Policies, Executive Orders

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Robert Brager

Four Strategies and Five Legal Arguments To Defend Your Company Against EPA’s Benzene Enforcement Initiative

The U.S. Environmental Protection Agency’s (EPA) latest attempt to replace rulemaking with enforcement is in full force, notwithstanding a spate of historic Supreme Court decisions reflecting keen frustration with federal agency…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA)

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Megan Brillault

Litigation Targeting Plastics Manufacturers

As we continue to see a rise in litigation related to plastic pollution, plastic manufacturers must remain prepared and should carefully follow the different kinds of claims to see which ones are ultimately more successful…more

Class Action, Clean Water Act, Consumer Protection Laws, Environmental Litigation, False Advertising

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Mary Burdette

Minnesota Becomes Fifth State to Enact EPR Law for Packaging and Paper; First to Enact EPR Law for Boat Wrap

Key Takeaways - What Happened? On May 21, 2024, Minnesota Governor Tim Walz signed the Packaging Waste and Cost Reduction Act (the Act). Minnesota is the fifth state to enact laws implementing packaging EPR rules, alongside…more

Landfills, Product Packaging, Recycling, Waste Management

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Michael Campinell

One of EPA’s First Attempts to Implement San Franscico v. EPA: Modifications to EPA’s 2022 Construction General Permit

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued a final modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include construction…more

Clean Water Act, Construction Industry, Construction Project, Environmental Protection Agency (EPA), NPDES

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Ryan Carra

EPA’s Path Forward on TSCA Becomes Clearer

After a period of uncertainty, how the U.S. Environmental Protection Agency (EPA) plans to revise its implementation of the Toxic Substances Control Act (TSCA) during the second Trump administration is coming into focus..…more

Biden Administration, Environmental Protection Agency (EPA), Final Rules, Proposed Rules, Regulatory Reform

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Benjamin Champion

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

See all updates »

Eric Christensen

Congress Eyes Sweeping Changes to Carbon and Biomass Incentives: 45Q Tax Credit Reforms, New Biochar Program, and Forest Residues Carbon Credit Introduced

Senate Draft of BBB Would Standardize and Reduce Value of 45Q Credit, Diminishing Incentives for Long-Term Carbon Storage - The Senate’s draft of the “One Big Beautiful Bill” (BBB) proposes several material changes to Section…more

Biomass, Carbon Capture and Sequestration, Climate Change, Department of Energy (DOE), Energy Policy

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Katelyn Ciolino

Decisions Expansively Interpreting New York’s Green Amendment Create Uncertainty

Two recent trial court decisions provide insight into the enforcement of New York’s Environmental Rights Amendment, also called the “Green Amendment.” The Green Amendment, which took effect on January 1, 2022, guarantees New…more

Greenhouse Gas Emissions, Motion to Dismiss, Water

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Casey Clausen

Environmental Developments to Watch in Washington State - 2025 Mid-Year Update

Washington State’s most recent legislative session brought a flurry of environmental activity, with lawmakers advancing measures on climate disclosure, chemical regulation, clean energy infrastructure, and, after several…more

Clean Energy, Energy Policy, Environmental Policies, Extended Producer Responsibility (EPR), Greenhouse Gas Emissions

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Alyse Constantinide

DOJ Implements Nationwide “Voluntary Self-Disclosure” Program: All U.S. Attorneys’ Offices Instructed to Follow Updated Corporate Criminal Enforcement Policy

The U.S. Department of Justice (DOJ) formally implemented a nationwide Voluntary Self-Disclosure policy (VSD policy) on February 22, 2023—effective immediately—that has been in the works for several years. The VSD policy…more

Cooperation, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Federal Sentencing Guidelines

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Nessa Horewitch Coppinger

EPA Announces Plans to Revisit Certain PFAS Drinking Water Standards

Two weeks after U.S. Environmental Protection Agency (EPA) Administrator Zeldin outlined the agency’s PFAS plan in broad strokes, EPA provided more detail on how it intends to proceed with respect to drinking water standards for…more

Biden Administration, Drinking Water, Environmental Protection Agency (EPA), PFAS, Proposed Rules

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John Cruden

B&D, City and County of San Francisco Secure U.S. Supreme Court Win on Major Clean Water Act Issue

On March 4, the City and County of San Francisco and a Beveridge & Diamond (B&D) team led by Principal Drew Silton (Washington, DC), secured a significant victory in the U.S. Supreme Court in City and County of San Francisco v…more

Clean Water Act, Environmental Protection Agency (EPA), SCOTUS, Statutory Interpretation

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Lia Crutchfield

2024 Litigation Look Ahead Series: Challenges to Administrative Law Judges, Judicial Review Process Could Limit Executive Power

B&D is pleased to present the third installment of our 2024 Litigation Look Ahead series. (Read part two on the increased application of the major questions doctrine here.) In this section of the compilation, our litigation…more

Administrative Law Judge (ALJ), Administrative Proceedings, Constitutional Challenges, Enforcement Actions, Judicial Review

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Richard Davis

One of EPA’s First Attempts to Implement San Franscico v. EPA: Modifications to EPA’s 2022 Construction General Permit

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued a final modification to its 2022 Construction General Permit (CGP) to expand the list of areas eligible for coverage to include construction…more

Clean Water Act, Construction Industry, Construction Project, Environmental Protection Agency (EPA), NPDES

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Robert Denney

Congress Eyes Sweeping Changes to Carbon and Biomass Incentives: 45Q Tax Credit Reforms, New Biochar Program, and Forest Residues Carbon Credit Introduced

Senate Draft of BBB Would Standardize and Reduce Value of 45Q Credit, Diminishing Incentives for Long-Term Carbon Storage - The Senate’s draft of the “One Big Beautiful Bill” (BBB) proposes several material changes to Section…more

Biomass, Carbon Capture and Sequestration, Climate Change, Department of Energy (DOE), Energy Policy

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Brook Detterman

Congress Eyes Sweeping Changes to Carbon and Biomass Incentives: 45Q Tax Credit Reforms, New Biochar Program, and Forest Residues Carbon Credit Introduced

Senate Draft of BBB Would Standardize and Reduce Value of 45Q Credit, Diminishing Incentives for Long-Term Carbon Storage - The Senate’s draft of the “One Big Beautiful Bill” (BBB) proposes several material changes to Section…more

Biomass, Carbon Capture and Sequestration, Climate Change, Department of Energy (DOE), Energy Policy

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Emma Dismukes

EPA’s New “Public Participation” Threshold for an “Applicable Requirement” Would Create New Complexities for Clean Air Act Title V Operating Permits

On January 9, 2024, the U.S. Environmental Protection Agency (EPA) proposed amendments to its Clean Air Act (CAA) Title V operating permit rules to clarify the scope of an “applicable requirement” that can be implemented through…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Permits

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Leticia Duarte

EPR Packaging and Recycled Content Laws Continue to Trend as Legislatures Consider Policies to Address Packaging Waste Challenges

Key Takeaways - What is happening? Packaging waste has received heavy attention from lawmakers in recent years. A growing number of states are adhering to Extended Producer Responsibility (EPR) and Recycled Content policies…more

Environmental Policies, Extended Producer Responsibility (EPR), Manufacturers, Product Packaging, Recycling

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Jacob Duginski

Indirect Source Rules: A New and Evolving Frontier of State and Local Vehicle Regulation

States and cities are increasingly using their using their police power to regulate mobile source emissions. Warehouses – and the trucks that serve them – are already subject to an “indirect source rule” (ISR) in southern…more

Air Pollution, California, Environmental Policies, New Regulations, Regulatory Requirements

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Leah Dundon

SEC Issues Proposed Rules on Climate-Related Disclosures

On March 21, 2022, the Securities and Exchange Commission (SEC) voted (in a 3:1 decision) to propose new rules “To Enhance and Standardize Climate-Related Disclosures for Investors.” The proposed rules would require disclosures…more

Climate Change, Disclosure Requirements, Greenhouse Gas Emissions, Proposed Rules, Publicly-Traded Companies

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Loren Dunn

Fishers' Livelihood Concerns Could Bring SCOTUS Sea Change for Environmental Law

The Supreme Court has agreed to hear a group of New Jersey herring fishers’ challenge to a long-standing key administrative law doctrine—the “Chevron doctrine.” It could be the next term’s most consequential case. The Chevron…more

Chevron Deference, Fishing Industry, National Marine Fisheries Service, SCOTUS

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Mark Duvall

FDA Seeks Public Comment on Post-Market Chemical Review Prioritization Method

Key Takeaways - What Happened: The U.S. Food and Drug Administration (FDA) released its draft post-market chemical review prioritization method for public comment. Public comments are due July 18, 2025…more

Chemicals, Food and Drug Administration (FDA), Food Manufacturers, Food Safety, Public Comment

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Gina Ecolino

Cannabis Business CEQA Exemption Expires on July 1: Will You Have a Permit or License to Conduct Business?

The legalization of cannabis in California has brought about a flurry of regulatory and statutory requirements to conduct business. In order to facilitate the business demand, the State postponed certain requirements, such as…more

CEQA, Exemptions, Licenses, Marijuana, Marijuana Related Businesses

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Sara Eddy

Litigation Targeting Plastics Manufacturers

As we continue to see a rise in litigation related to plastic pollution, plastic manufacturers must remain prepared and should carefully follow the different kinds of claims to see which ones are ultimately more successful…more

Class Action, Clean Water Act, Consumer Protection Laws, Environmental Litigation, False Advertising

See all updates »

Daniel Eisenberg

DOE Announces New Wave of Energy Efficiency Rollbacks – Over a Dozen Product Types Could Be Impacted

Following the Trump administration’s previously announced commitment to “slash unnecessary red tape and regulations,” the Department of Energy (DOE) proposed a new suite of deregulatory actions that, if successful, will…more

Biden Administration, Department of Energy (DOE), Deregulation, Energy Efficiency, Energy Policy

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Jacqueline Eisermann

EPA Finalizes TSCA Risk Management Rules for PCE and TCE (Updated)

Two more chlorinated solvents have been wholly or partially banned by the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA). Following the May 8, 2024 final rule on methylene chloride, EPA…more

Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, Regulatory Requirements, Risk Management

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Gabriela Espir

Mexico Bans the Cultivation of Genetically Modified Corn, Opening Door for Other Restrictions in the Future

According to a March 21, 2025 report issued by the U.S. Department of Agriculture (USDA)’s Foreign Agricultural Service, the scope of Mexico’s recent ban on the cultivation of genetically engineered (GE) corn is “ambiguous” and…more

Biotechnology, Constitutional Challenges, Mexico, Regulatory Requirements, Trade Relations

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Jeremy Faulkner

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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Taylor Ferrell

New NEPA Limits on the Horizon

New NEPA Limits on the Horizon - It has been a year of major change for the National Environmental Policy Act (NEPA), marked by various court decisions, executive orders, and the Council on Environmental Quality’s (CEQ) total…more

Climate Change, Energy Projects, Executive Orders, Greenhouse Gas Emissions, Judicial Review

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Kevin Fitzgerald

Environmental Developments to Watch in Washington State - 2025 Mid-Year Update

Washington State’s most recent legislative session brought a flurry of environmental activity, with lawmakers advancing measures on climate disclosure, chemical regulation, clean energy infrastructure, and, after several…more

Clean Energy, Energy Policy, Environmental Policies, Extended Producer Responsibility (EPR), Greenhouse Gas Emissions

See all updates »

Russell Fraker

Latest Developments and Initiatives in Brazil

In this Brazilian environmental law update, we bring you the latest news on key initiatives shaping Brazil's regulatory framework and delve into diverse subjects ranging from financial responsibility and proposals for…more

Brazil, Carbon Emissions, Environmental Policies, Greenhouse Gas Emissions, PFAS

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Jason Frank

Environmental Developments to Watch in Washington State - 2025 Mid-Year Update

Washington State’s most recent legislative session brought a flurry of environmental activity, with lawmakers advancing measures on climate disclosure, chemical regulation, clean energy infrastructure, and, after several…more

Clean Energy, Energy Policy, Environmental Policies, Extended Producer Responsibility (EPR), Greenhouse Gas Emissions

See all updates »

David Friedland

Tracking Update: Trump Administration's Latest Deregulatory Actions on Energy, Environment and Natural Resources

President Trump has issued a flurry of new Executive Orders and Presidential Memoranda aimed at advancing the Administration’s deregulatory agenda, particularly in the energy and environmental sectors. This advisory provides a…more

Clean Air Act, Climate Change, Energy Sector, Environmental Policies, Executive Orders

See all updates »

Amandine Fromont

EPA Proposes Updated General Clean Water Act Industrial and Construction Permits (Updated)

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) proposed the 2026 version of the National Pollutant Discharge Elimination System (NPDES) MSGP for stormwater discharges associated with industrial…more

Clean Water Act, Construction Industry, Environmental Protection Agency (EPA), Industrial Sector, NPDES

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Deepti Gage

Canada Issues Guidelines on Civil Greenwashing Claims One Year After Amendments to the Competition Act

Nearly one year after Canada amended the Competition Act to establish standards for assessing environmental claims (see B&D’s Client Alert), Competition Bureau Canada published final guidelines that outline its general “approach…more

Canada, Competition Act, Due Diligence, Environmental Claims, Greenwashing

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Audra Gale

Maryland’s Building Energy Performance Standards: Recent Legislative Amendments Could Impact Looming Compliance Deadline

Background on the Building Energy Performance Standards - After the Maryland General Assembly passed the Climate Solutions Now Act of 2022 (CSNA), MDE engaged in a series of rulemakings; the current regulations were enacted…more

Building Codes, Commercial Property Owners, Energy Efficiency, Energy Policy, Greenhouse Gas Emissions

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Collin Gannon

Maryland Governor Wes Moore Enacts Key Environmental and Energy Legislation in Spring 2025 Session, Including EPR for Packaging and Solar Permitting Reforms

This alert was first published on May 8, 2025, and has been revised based on recent developments. Key Takeaways - The Maryland General Assembly concluded its spring 2025 legislative session on April 7, 2025. The General…more

Energy Policy, Energy Projects, Environmental Policies, Extended Producer Responsibility (EPR), Maryland

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Nicole Garson

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

See all updates »

Spencer Gheen

Environmental Developments to Watch in Washington State - 2025 Mid-Year Update

Washington State’s most recent legislative session brought a flurry of environmental activity, with lawmakers advancing measures on climate disclosure, chemical regulation, clean energy infrastructure, and, after several…more

Clean Energy, Energy Policy, Environmental Policies, Extended Producer Responsibility (EPR), Greenhouse Gas Emissions

See all updates »

Aaron Goldberg

China and Europe Diverge on Classification of Black Mass from Recycling of Lithium-Ion Batteries

China and the European Union (EU) recently finalized very different rules for the classification and regulation of black mass, a material resulting from the initial step of processing end-of-life lithium-ion batteries (LIBs) and…more

China, Hazardous Waste, International Trade, Lithium Batteries, Regulatory Reform

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Marc Goldstein

COVID-19 Impacts in Massachusetts: Governor Returns Businesses to Phase 3 Step 1 and State Jury Trials Delayed Until January

Update Highlights: • COVID-19 infection rates, case numbers, hospitalizations, and deaths are at or approaching the highs seen in the spring. …more

Coronavirus/COVID-19, Court Schedules, Governor Baker, Re-Opening Guidelines, State and Local Government

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Stephen Gordon

New York Approves $3 Billion 2020 Conservation Bond Act

The New York State Legislature passed Governor Cuomo’s Restore Mother Nature Bond Act on April 1st as part of the state’s 2020-2021 budget. The Act, if approved by New York voters in November, will provide $3 billion for…more

Conservation, Critical Habitat, Environmental Policies, State and Local Government

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Jeanine Grachuk

EPA Announces Plans to Revisit Certain PFAS Drinking Water Standards

Two weeks after U.S. Environmental Protection Agency (EPA) Administrator Zeldin outlined the agency’s PFAS plan in broad strokes, EPA provided more detail on how it intends to proceed with respect to drinking water standards for…more

Biden Administration, Drinking Water, Environmental Protection Agency (EPA), PFAS, Proposed Rules

See all updates »

Kirstin Gruver

Congress Eyes Sweeping Changes to Carbon and Biomass Incentives: 45Q Tax Credit Reforms, New Biochar Program, and Forest Residues Carbon Credit Introduced

Senate Draft of BBB Would Standardize and Reduce Value of 45Q Credit, Diminishing Incentives for Long-Term Carbon Storage - The Senate’s draft of the “One Big Beautiful Bill” (BBB) proposes several material changes to Section…more

Biomass, Carbon Capture and Sequestration, Climate Change, Department of Energy (DOE), Energy Policy

See all updates »

Ragini Gupta

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

See all updates »

Paul Hagen

China and Europe Diverge on Classification of Black Mass from Recycling of Lithium-Ion Batteries

China and the European Union (EU) recently finalized very different rules for the classification and regulation of black mass, a material resulting from the initial step of processing end-of-life lithium-ion batteries (LIBs) and…more

China, Hazardous Waste, International Trade, Lithium Batteries, Regulatory Reform

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Nicholas Hanel

DOE Announces New Wave of Energy Efficiency Rollbacks – Over a Dozen Product Types Could Be Impacted

Following the Trump administration’s previously announced commitment to “slash unnecessary red tape and regulations,” the Department of Energy (DOE) proposed a new suite of deregulatory actions that, if successful, will…more

Biden Administration, Department of Energy (DOE), Deregulation, Energy Efficiency, Energy Policy

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John Hanson

EPA’s Plan to Implement Trump’s Proposed Budget Signals Massive Change

President Trump’s recent budget proposal and a more detailed U.S. Environmental Protection Agency (“EPA”) memo regarding its implementation portend a potentially seismic shift in federal environmental priorities and programs…more

Clean Power Plan, Climate Change, Environmental Protection Agency (EPA), Trump Administration

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Raven Hayes

PHMSA Seeks Feedback on Reform of Hazardous Materials Transportation Regulations by August 4, 2025

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published an Advanced Notice of Proposed Rulemaking (ANPRM) initiating a comprehensive review of its Hazardous Materials Regulations (HMR). The ANPRM solicits…more

Deregulation, Energy Policy, Government Agencies, Hazardous Substances, Oil & Gas

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Harold Himmelman

New EU Disclosure Mandate for Proprietary Pesticide Data Has Serious Ramifications for Wider Chemical Industry

The European Union’s highest Court, the European Court of Justice (“ECJ” or the “Court”), issued two landmark judgments on November 23, 2016 with significant adverse implications for the proprietary data rights of pesticide and…more

Chemicals, Confidential Business Information (CBI), Disclosure Requirements, EU, European Court of Justice (ECJ)

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Lauren Hopkins

Changing Climate for Corporate Disclosures: SEC Mandates Climate Disclosures for Public Companies (Updated)

Update: On February 11, 2025, acting SEC Chairman Mark Uyeda issued a statement changing the SEC’s position on the Final Climate Rules. Chairman Uyeda states that he “continue[s] to question the statutory authority of the…more

California, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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Alexander Horning

Massachusetts Forms an EPR Commission for Packaging and Other Products

On November 21, 2024, Massachusetts enacted legislation likely to accelerate its adoption of new extended producer responsibility (EPR) legislation. Tucked into a new climate law (find a separate alert on the law here), Section…more

Climate Change, Environmental Policies, Extended Producer Responsibility (EPR), Product Packaging, State and Local Government

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Ning Hsu

Environmental Developments to Watch in Washington State - 2025 Mid-Year Update

Washington State’s most recent legislative session brought a flurry of environmental activity, with lawmakers advancing measures on climate disclosure, chemical regulation, clean energy infrastructure, and, after several…more

Clean Energy, Energy Policy, Environmental Policies, Extended Producer Responsibility (EPR), Greenhouse Gas Emissions

See all updates »

Chad Hughes

B&D, City and County of San Francisco Secure U.S. Supreme Court Win on Major Clean Water Act Issue

On March 4, the City and County of San Francisco and a Beveridge & Diamond (B&D) team led by Principal Drew Silton (Washington, DC), secured a significant victory in the U.S. Supreme Court in City and County of San Francisco v…more

Clean Water Act, Environmental Protection Agency (EPA), SCOTUS, Statutory Interpretation

See all updates »

Hilary Jacobs

Environmental Justice Enters a New Era

Key Takeaways - While the Trump administration has taken action to eliminate environmental justice (EJ) programs at the federal level, state programs with EJ laws and policies remain in place and apply to regulated entities…more

Biden Administration, Department of Justice (DOJ), Environmental Justice, Environmental Policies, Environmental Protection Agency (EPA)

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Steven Jawetz

EPA Headquarters Prods Cleanup Programs on Enforcement to Strengthen EJ

On July 1, 2021, EPA’s Office of Enforcement and Compliance Assurance (OECA) issued a memorandum to all EPA Regional Offices urging the offices to increase cleanup program enforcement under the Comprehensive Environmental…more

CERCLA, Department of Justice (DOJ), Environmental Justice, Environmental Protection Agency (EPA), OECA

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Elizabeth Johnson

FDA Food Chemical Regulation: Understanding Pesticide Action Levels

The U.S. Food and Drug Administration’s (FDA) March 2025 publication of its new “Chemical Contaminants Transparency Tool” spotlighted a lesser-known aspect of FDA’s regulation of pesticide residues on food: action levels. Many…more

Agribusiness, Enforcement Actions, Environmental Protection Agency (EPA), Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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Lauren Karam

Massachusetts Enacts New Climate Law to Promote Clean Energy

Following climate laws passed in 2021 and 2022, Massachusetts has again enacted a new piece of climate-focused legislation. On November 21, 2024, Governor Maura Healey signed into law “An Act Promoting a Clean Energy Grid,…more

Clean Energy, Climate Change, Electric Vehicles, Energy Policy, Energy Projects

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John Kazanjian

Court Rejects Umbrella Coverage for Oil Spill Cleanup Costs where Underlying Insurance Requirements were Not Satisfied

On May 6, 2020, a Montana federal court ruled that an insurer was not obligated to cover $1 million in cleanup costs incurred by an umbrella policyholder after spilling 238 barrels of crude oil and 1,200 barrels of production…more

Clean-Up Costs, Oil & Gas, Oil Spills

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Eric Klein

New Chemical Identified in Chloraminated Drinking Water: Implications for Water Treatment Facilities and Chloramine Manufacturers

After more than forty years of research, scientists finally determined the molecular formula of a chemical found in chloraminated drinking water. Using advanced analytical techniques, researchers detected and characterized the…more

Chemicals, Drinking Water, Enforcement Actions, Environmental Policies, Environmental Protection Agency (EPA)

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Heidi Knight

RMP Rulemaking Redux

The U.S. Environmental Protection Agency’s (EPA) Risk Management Program (RMP) regulations, 40 C.F.R. Part 68, appear to be headed back to rulemaking. These much-debated provisions have been amended, rescinded, and reinstated…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Final Rules, Regulatory Reform

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Thomas Kolkin

Maryland Governor Wes Moore Enacts Key Environmental and Energy Legislation in Spring 2025 Session, Including EPR for Packaging and Solar Permitting Reforms

This alert was first published on May 8, 2025, and has been revised based on recent developments. Key Takeaways - The Maryland General Assembly concluded its spring 2025 legislative session on April 7, 2025. The General…more

Energy Policy, Energy Projects, Environmental Policies, Extended Producer Responsibility (EPR), Maryland

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Daniel Krainin

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

See all updates »

Katrina Krebs

New York Proposes Regulatory Amendments to Implement Environmental Justice Law

The New York State Department of Environmental Conservation (NYSDEC) recently released draft amendments to State Environmental Quality Review Act (SEQRA) regulations to implement New York’s “Environmental Justice Siting Law,”…more

Environmental Impact Statements, Environmental Justice, Environmental Policies, Proposed Amendments, Regulatory Agenda

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Jessica Kyle

Maryland 2017 Environmental Legislative Agenda Set

March 6 marked the final day for the introduction of bills in the Maryland General Assembly without a rules suspension. Below are highlights of environmental or related public health bills under consideration in the Maryland…more

Flame Retardant, Fracking, General Assembly, Legislative Agendas, Solid Waste

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K. Russell LaMotte

Basel Convention Parties Begin Work on the Control of Waste Textiles

Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) have agreed to take up work on how transboundary movements of waste textiles and their…more

EU, Extended Producer Responsibility (EPR), OECD, Regulatory Reform, Regulatory Requirements

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Jessalee Landfried

Indirect Source Rules: A New and Evolving Frontier of State and Local Vehicle Regulation

States and cities are increasingly using their using their police power to regulate mobile source emissions. Warehouses – and the trucks that serve them – are already subject to an “indirect source rule” (ISR) in southern…more

Air Pollution, California, Environmental Policies, New Regulations, Regulatory Requirements

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Jayni Lanham

RMP Rulemaking Redux

The U.S. Environmental Protection Agency’s (EPA) Risk Management Program (RMP) regulations, 40 C.F.R. Part 68, appear to be headed back to rulemaking. These much-debated provisions have been amended, rescinded, and reinstated…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Final Rules, Regulatory Reform

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Lauren Lankenau

Canada Issues Guidelines on Civil Greenwashing Claims One Year After Amendments to the Competition Act

Nearly one year after Canada amended the Competition Act to establish standards for assessing environmental claims (see B&D’s Client Alert), Competition Bureau Canada published final guidelines that outline its general “approach…more

Canada, Competition Act, Due Diligence, Environmental Claims, Greenwashing

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Laura LaValle

Preparing for a Wave of Citizen Suits in Texas – Ten Tips for Protecting Sensitive Information from Disclosure Under the Texas Public Information Act

As earlier reported, companies should expect environmental non-governmental organizations (eNGOs) to file a barrage of citizen suits to supplement the rollback of U.S. Environmental Protection Agency (EPA) enforcement cases…more

Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Government Agencies, Public Records

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Julia Li

EPA Seeks Stakeholder Feedback for Implementation of WOTUS

On March 24, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (together, the Agencies) announced plans to engage stakeholders in the Trump administration’s latest effort to pare back the…more

Clean Water Act, Environmental Protection Agency (EPA), Rulemaking Process, Sackett v EPA, Trump Administration

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Weiwei Luo

China and Europe Diverge on Classification of Black Mass from Recycling of Lithium-Ion Batteries

China and the European Union (EU) recently finalized very different rules for the classification and regulation of black mass, a material resulting from the initial step of processing end-of-life lithium-ion batteries (LIBs) and…more

China, Hazardous Waste, International Trade, Lithium Batteries, Regulatory Reform

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Louis Manzo

What the New Executive Order on “Fighting Overcriminalization in Federal Regulations” Means for Environmental Criminal Enforcement

On May 9, 2025, President Trump issued Executive Order No. 14294, “Fighting Overcriminalization in Federal Regulations” (EO), which reinforces the administration’s deregulatory agenda. While sweeping in scope, the EO has…more

Clean Air Act, Clean Water Act, Criminal Prosecution, Department of Justice (DOJ), Enforcement Priorities

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Pamela Marks

Maryland Governor Wes Moore Enacts Key Environmental and Energy Legislation in Spring 2025 Session, Including EPR for Packaging and Solar Permitting Reforms

This alert was first published on May 8, 2025, and has been revised based on recent developments. Key Takeaways - The Maryland General Assembly concluded its spring 2025 legislative session on April 7, 2025. The General…more

Energy Policy, Energy Projects, Environmental Policies, Extended Producer Responsibility (EPR), Maryland

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Sharon Mathew

CalRecycle Reissues Draft SB 54 Regulations Targeting California’s Plastic Packaging EPR Program

Key Takeaways - What Is Happening? On March 7, 2025, Governor Newsom declined to adopt CalRecycle’s initial draft regulations under California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54),…more

California, Environmental Policies, Extended Producer Responsibility (EPR), Manufacturers, Plastics

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Laura McAfee

Four Strategies and Five Legal Arguments To Defend Your Company Against EPA’s Benzene Enforcement Initiative

The U.S. Environmental Protection Agency’s (EPA) latest attempt to replace rulemaking with enforcement is in full force, notwithstanding a spate of historic Supreme Court decisions reflecting keen frustration with federal agency…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA)

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Claire McLeod

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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Laura Milano

B&D, City and County of San Francisco Secure U.S. Supreme Court Win on Major Clean Water Act Issue

On March 4, the City and County of San Francisco and a Beveridge & Diamond (B&D) team led by Principal Drew Silton (Washington, DC), secured a significant victory in the U.S. Supreme Court in City and County of San Francisco v…more

Clean Water Act, Environmental Protection Agency (EPA), SCOTUS, Statutory Interpretation

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Jesse Miles

Environmental Developments to Watch in Washington State - 2025 Mid-Year Update

Washington State’s most recent legislative session brought a flurry of environmental activity, with lawmakers advancing measures on climate disclosure, chemical regulation, clean energy infrastructure, and, after several…more

Clean Energy, Energy Policy, Environmental Policies, Extended Producer Responsibility (EPR), Greenhouse Gas Emissions

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W. Parker Moore

FWS to Evaluate ESA Section 10 Permits

On June 9, 2025, the U.S. Fish and Wildlife Service (FWS) published a request for information (RFI) seeking to improve the efficiency and effectiveness of key permitting programs under Section 10(a) of the Endangered Species Act…more

Endangered Species Act (ESA), Environmental Litigation, Government Agencies, Habitat Conservation Plan, Permits

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Megan Morgan

Changing Climate for Corporate Disclosures: SEC Mandates Climate Disclosures for Public Companies (Updated)

Update: On February 11, 2025, acting SEC Chairman Mark Uyeda issued a statement changing the SEC’s position on the Final Climate Rules. Chairman Uyeda states that he “continue[s] to question the statutory authority of the…more

California, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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Elizabeth Nugent Morrow

EPA Announces Reevaluation of the TSCA Risk Evaluation Framework Rule (Updated)

This alert was originally published on March 20, 2025, and has been revised based on recent developments. Last year, the U.S. Environmental Protection Agency (EPA) under the Biden administration finalized amendments to the…more

Biden Administration, Environmental Protection Agency (EPA), Executive Orders, Public Comment, Regulatory Reform

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Lexie Mulkey

Environmental Developments to Watch in Washington State - 2025 Mid-Year Update

Washington State’s most recent legislative session brought a flurry of environmental activity, with lawmakers advancing measures on climate disclosure, chemical regulation, clean energy infrastructure, and, after several…more

Clean Energy, Energy Policy, Environmental Policies, Extended Producer Responsibility (EPR), Greenhouse Gas Emissions

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Michael Murphy

Indirect Source Rules: A New and Evolving Frontier of State and Local Vehicle Regulation

States and cities are increasingly using their using their police power to regulate mobile source emissions. Warehouses – and the trucks that serve them – are already subject to an “indirect source rule” (ISR) in southern…more

Air Pollution, California, Environmental Policies, New Regulations, Regulatory Requirements

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Lauren Murvihill

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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Timothy Nevins

EPA Finalizes Hazardous Substance Listing for PFOA and PFOS

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its final rule designating two per and polyfluoroalkyl substances (PFAS) as hazardous substances under § 102(a) of the…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Toxic Chemicals

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Katherine O'Keefe

What the New Executive Order on “Fighting Overcriminalization in Federal Regulations” Means for Environmental Criminal Enforcement

On May 9, 2025, President Trump issued Executive Order No. 14294, “Fighting Overcriminalization in Federal Regulations” (EO), which reinforces the administration’s deregulatory agenda. While sweeping in scope, the EO has…more

Clean Air Act, Clean Water Act, Criminal Prosecution, Department of Justice (DOJ), Enforcement Priorities

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Evynn Overton

What the New Executive Order on “Fighting Overcriminalization in Federal Regulations” Means for Environmental Criminal Enforcement

On May 9, 2025, President Trump issued Executive Order No. 14294, “Fighting Overcriminalization in Federal Regulations” (EO), which reinforces the administration’s deregulatory agenda. While sweeping in scope, the EO has…more

Clean Air Act, Clean Water Act, Criminal Prosecution, Department of Justice (DOJ), Enforcement Priorities

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Anthony Papetti

Charging Ahead: California to Require All New Cars Sold to Be Zero Emissions in 2035

On August 25, 2022, the California Air Resources Board (CARB) approved the Advanced Clean Cars II rule (Rule), requiring all new vehicles sold in California to be zero-emission vehicles (ZEVs) by 2035. Governor Gavin Newsom laid…more

CARB, Clean Air Act, Electric Vehicles, Power Grid, State and Local Government

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John Paul

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

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Timothy Pohle

Executive Orders Boost Drones, eVTOLs, and Supersonics

On June 6, 2025, President Trump issued three Executive Orders (EOs) aimed at ensuring U.S. leadership in the development and deployment of drones (unmanned aviation systems (UAS)), electric vertical takeoff and landing…more

Aviation Industry, Executive Orders, Government Agencies, National Security, Regulatory Agenda

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Graham Pough

Preparing for a Wave of Citizen Suits in Texas – Ten Tips for Protecting Sensitive Information from Disclosure Under the Texas Public Information Act

As earlier reported, companies should expect environmental non-governmental organizations (eNGOs) to file a barrage of citizen suits to supplement the rollback of U.S. Environmental Protection Agency (EPA) enforcement cases…more

Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Government Agencies, Public Records

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Roy Prather, III

Environmental Justice Enters a New Era

Key Takeaways - While the Trump administration has taken action to eliminate environmental justice (EJ) programs at the federal level, state programs with EJ laws and policies remain in place and apply to regulated entities…more

Biden Administration, Department of Justice (DOJ), Environmental Justice, Environmental Policies, Environmental Protection Agency (EPA)

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Jonas Reagan

FWS to Evaluate ESA Section 10 Permits

On June 9, 2025, the U.S. Fish and Wildlife Service (FWS) published a request for information (RFI) seeking to improve the efficiency and effectiveness of key permitting programs under Section 10(a) of the Endangered Species Act…more

Endangered Species Act (ESA), Environmental Litigation, Government Agencies, Habitat Conservation Plan, Permits

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Julius Redd

Executive Orders Boost Drones, eVTOLs, and Supersonics

On June 6, 2025, President Trump issued three Executive Orders (EOs) aimed at ensuring U.S. leadership in the development and deployment of drones (unmanned aviation systems (UAS)), electric vertical takeoff and landing…more

Aviation Industry, Executive Orders, Government Agencies, National Security, Regulatory Agenda

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Bina Reddy

Preparing for a Wave of Citizen Suits in Texas – Ten Tips for Protecting Sensitive Information from Disclosure Under the Texas Public Information Act

As earlier reported, companies should expect environmental non-governmental organizations (eNGOs) to file a barrage of citizen suits to supplement the rollback of U.S. Environmental Protection Agency (EPA) enforcement cases…more

Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Government Agencies, Public Records

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Patrick Redmond

Department of Interior Requests Information on Regulatory Reform by June 20, 2025

The U.S. Department of Interior (DOI) issued a Request for Information (RFI) asking affected industries to identify existing Interior regulations that can be modified or repealed to support the Trump administration’s "energy…more

Department of the Interior, Energy Policy, Energy Sector, Executive Orders, Government Agencies

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Elizabeth Richardson

PHMSA Seeks Feedback on Reform of Hazardous Materials Transportation Regulations by August 4, 2025

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published an Advanced Notice of Proposed Rulemaking (ANPRM) initiating a comprehensive review of its Hazardous Materials Regulations (HMR). The ANPRM solicits…more

Deregulation, Energy Policy, Government Agencies, Hazardous Substances, Oil & Gas

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Thomas Richichi

EPA Issues Final Lead and Copper Rule Improvements with Far Reaching Lead Pipe Replacement Mandates

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued its final Lead and Copper Rule Improvements (LCRI), marking a pivotal change in the regulation of lead in drinking water. This updated rule…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Final Rules

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Stephen Richmond

Climate Change, Environmental Justice, and Process Safety: EPA Proposes Risk Management Program Rule Amendments (Updated)

The U.S. Environmental Protection Agency (EPA) has proposed to further amend its Clean Air Act Risk Management Program (RMP) rules and has issued a proposed rule. 87 Fed. Reg. 53556 (August 31, 2022). The proposed rule would add…more

Clean Air Act, Climate Change, Comment Period, Environmental Protection Agency (EPA), Proposed Rules

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Joseph Ruggiero

Maine Enacts New Reporting Requirement for Landowners Enrolled in Forest Carbon Credit Initiatives

On May 23, 2025, Maine’s Governor Janet Mills signed into law “An Act to Require Landowners to Report Their Participation in a Forest Carbon Program or Project” (H.P.3 – L.D. 39; codified at 12 MRSA § 8881, sub-§2-A-C; 12 MRSA §…more

Agribusiness, Carbon Emissions, Climate Change, Disclosure Requirements, Forestry

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Alan Sachs

FDA Seeks Public Comment on Post-Market Chemical Review Prioritization Method

Key Takeaways - What Happened: The U.S. Food and Drug Administration (FDA) released its draft post-market chemical review prioritization method for public comment. Public comments are due July 18, 2025…more

Chemicals, Food and Drug Administration (FDA), Food Manufacturers, Food Safety, Public Comment

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Claire Schachter

Canada Issues Guidelines on Civil Greenwashing Claims One Year After Amendments to the Competition Act

Nearly one year after Canada amended the Competition Act to establish standards for assessing environmental claims (see B&D’s Client Alert), Competition Bureau Canada published final guidelines that outline its general “approach…more

Canada, Competition Act, Due Diligence, Environmental Claims, Greenwashing

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Peter Schaumberg

U.S. Department of Interior Proposes New Conservation Framework

In April 2023, the Bureau of Land Management (BLM) published a proposed rule that would apply new “land health” standards to all BLM-managed public lands and programs. This new policy will have broad implications for federal…more

Bureau of Land Management, Department of the Interior, Federal Land, FLPMA

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Aron Schnur

EPA Finalizes Rule Phasing Down Hydrofluorocarbons

The U.S. Environmental Protection Agency (EPA) published a final rule on October 5, 2021 establishing an allowance allocation and trading program for hydrofluorocarbons (HFCs). The rule implements certain key requirements under…more

Environmental Protection Agency (EPA), Greenhouse Gas Emissions, HFC Emissions, Ozone

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Mackenzie Schoonmaker

EPA Finalizes Novel Herbicide Strategy to Protect Endangered Species

As part of its responsibilities under the Endangered Species Act (ESA), the U.S. Environmental Protection Agency (EPA) recently released its final Herbicide Strategy to address potential impacts of conventional herbicides on…more

Endangered Species, Environmental Protection Agency (EPA), Herbicides, Pesticides

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Daniel Schulson

EPA’s Historic Deregulation Initiative: Implications and Opportunities to Engage

On March 12, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced that EPA would soon undertake efforts to roll back 31 environmental regulations that cut across industry sectors. EPA’s deregulatory…more

Clean Air Act, Climate Change, Energy Sector, Enforcement Actions, Environmental Policies

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Emily Schwartz

Environmental Developments to Watch in Washington State - 2025 Mid-Year Update

Washington State’s most recent legislative session brought a flurry of environmental activity, with lawmakers advancing measures on climate disclosure, chemical regulation, clean energy infrastructure, and, after several…more

Clean Energy, Energy Policy, Environmental Policies, Extended Producer Responsibility (EPR), Greenhouse Gas Emissions

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Lindsey Selba

Supreme Court Update: How Would Changes to Chevron Deference Affect EPA Risk Analyses

In Brief: Entities subject to EPA regulation are closely watching the U.S. Supreme Court’s potential reframing of the Chevron deference doctrine. But they should also pay close attention to EPA’s extra-regulatory scientific…more

Environmental Assessments, Environmental Protection Agency (EPA), IRIS, Toxic Chemicals, Toxic Exposure

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Peter Selimos

Executive Orders Boost Drones, eVTOLs, and Supersonics

On June 6, 2025, President Trump issued three Executive Orders (EOs) aimed at ensuring U.S. leadership in the development and deployment of drones (unmanned aviation systems (UAS)), electric vertical takeoff and landing…more

Aviation Industry, Executive Orders, Government Agencies, National Security, Regulatory Agenda

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Kaitlyn Shannon

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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Andrew Silton

Clean Water Act Citizen Suits in the Spotlight: Solicitor General Calls for Supreme Court Review

Key Takeaways - Federal citizen suits are likely to become more frequent as the federal government decreases its enforcement efforts. Federal courts are split on whether Clean Water Act (CWA) citizen suits can enforce permit…more

Appeals, Chevron Deference, Citizen Suits, Clean Water Act, Environmental Litigation

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James Slaughter

EPA Extends Comment Period on Draft Risk Assessment for PFOA and PFOS in Biosolids

Update: EPA will now accept public comments on its Draft Sewage Sludge Risk Assessment for Perfluoroctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS) until August 15, 2025. Interested parties may submit comments at…more

Agribusiness, Biosolids, Clean Water Act, Comment Period, Environmental Protection Agency (EPA)

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Gary Smith

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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Justin Smith

Supreme Court Clarifies Venue Requirements for Clean Air Act Actions

In a pair of closely watched decisions issued on June 18, 2025, the U.S. Supreme Court answered a critical procedural question under the Clean Air Act (CAA): is the proper venue for judicial review of U.S. Environmental…more

Clean Air Act, Environmental Litigation, Environmental Protection Agency (EPA), Government Agencies, Judicial Review

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Stephen Smith

Tracking Update: Trump Administration's Latest Deregulatory Actions on Energy, Environment and Natural Resources

President Trump has issued a flurry of new Executive Orders and Presidential Memoranda aimed at advancing the Administration’s deregulatory agenda, particularly in the energy and environmental sectors. This advisory provides a…more

Clean Air Act, Climate Change, Energy Sector, Environmental Policies, Executive Orders

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Susan Smith

Environmental Developments to Watch in California in 2025

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and…more

California, Compliance, Contamination, Enforcement, Environmental Policies

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Erika Spanton

Washington’s Draft 2026 Construction Stormwater General Permit Out for Public Comment

Key Takeaways - What is Happening? The Washington State Department of Ecology (Ecology) published for public comment its proposed 2026 Construction Stormwater General Permit (CSWGP), which authorizes stormwater discharges…more

Clean Water Act, Comment Period, Construction Industry, Construction Project, Filing Deadlines

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Allyn Stern

Canada Issues Guidelines on Civil Greenwashing Claims One Year After Amendments to the Competition Act

Nearly one year after Canada amended the Competition Act to establish standards for assessing environmental claims (see B&D’s Client Alert), Competition Bureau Canada published final guidelines that outline its general “approach…more

Canada, Competition Act, Due Diligence, Environmental Claims, Greenwashing

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Timothy J. Sullivan

EPA’s Historic Deregulation Initiative: Implications and Opportunities to Engage

On March 12, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced that EPA would soon undertake efforts to roll back 31 environmental regulations that cut across industry sectors. EPA’s deregulatory…more

Clean Air Act, Climate Change, Energy Sector, Enforcement Actions, Environmental Policies

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Timothy Sullivan

FWS and NMFS to Rescind ESA “Harm” Definition

Today, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together, the Services) proposed rescinding the definition of “harm” under the Endangered Species Act (ESA). Harming a listed species…more

Chevron Deference, Endangered Species Act (ESA), Government Agencies, Loper Bright Enterprises v Raimondo, National Marine Fisheries Service

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Kathryn Szmuszkovicz

USDA Reverts to Pre-2020 Regulatory Framework for Genetically Engineered Organisms Following California Federal Court Ruling

The U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced an abrupt reversion to its pre-2020 approach to biotechnology regulation on December 19, in the wake of a December 2 ruling…more

APHIS, Genetically Engineered Animals, Genetically Engineered Seed, USDA

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Mariel Tang

FWS to Evaluate ESA Section 10 Permits

On June 9, 2025, the U.S. Fish and Wildlife Service (FWS) published a request for information (RFI) seeking to improve the efficiency and effectiveness of key permitting programs under Section 10(a) of the Endangered Species Act…more

Endangered Species Act (ESA), Environmental Litigation, Government Agencies, Habitat Conservation Plan, Permits

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Megan Unger

Outlook for Trump Administration Environment, Energy, and Natural Resource Regulation, Enforcement & Litigation

Overview - Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of whom…more

Climate Change, Environmental Policies, Environmental Protection Agency (EPA), Executive Orders, Final Rules

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Joshua Van Eaton

President Trump Mandates Unprecedented Agency Review of Rules and Enforcement Actions

As companies and others in the regulated community continue to evaluate their strategies in light of the Trump administration’s rollout of its deregulatory agenda, we highlight a notable executive order (EO), Executive Order…more

Constitutional Challenges, Enforcement Actions, Environmental Policies, Executive Orders, Regulatory Agenda

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Michael Vitris

Preparing for a Wave of Citizen Suits in Texas – Ten Tips for Protecting Sensitive Information from Disclosure Under the Texas Public Information Act

As earlier reported, companies should expect environmental non-governmental organizations (eNGOs) to file a barrage of citizen suits to supplement the rollback of U.S. Environmental Protection Agency (EPA) enforcement cases…more

Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Government Agencies, Public Records

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Nicole Waxman

Maryland Becomes Sixth State to Enact Packaging Extended Producer Responsibility, Washington Expected to Follow

Introduction - On May 13, 2025, Maryland became the sixth state to enact Extended Producer Responsibility (EPR) laws for paper and packaging material. Washington is poised to become the seventh. In Washington, the bill has…more

Extended Producer Responsibility (EPR), Manufacturers, Maryland, New Legislation, New Regulations

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Justin Weatherwax

RMP Rulemaking Redux

The U.S. Environmental Protection Agency’s (EPA) Risk Management Program (RMP) regulations, 40 C.F.R. Part 68, appear to be headed back to rulemaking. These much-debated provisions have been amended, rescinded, and reinstated…more

Clean Air Act, Environmental Policies, Environmental Protection Agency (EPA), Final Rules, Regulatory Reform

See all updates »

David Weber

Environmental Developments to Watch in Washington State - 2025 Mid-Year Update

Washington State’s most recent legislative session brought a flurry of environmental activity, with lawmakers advancing measures on climate disclosure, chemical regulation, clean energy infrastructure, and, after several…more

Clean Energy, Energy Policy, Environmental Policies, Extended Producer Responsibility (EPR), Greenhouse Gas Emissions

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Nicole Weinstein

EPA Finalizes Hazardous Substance Listing for PFOA and PFOS

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its final rule designating two per and polyfluoroalkyl substances (PFAS) as hazardous substances under § 102(a) of the…more

CERCLA, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Toxic Chemicals

See all updates »

Sarah Wightman

Environmental Developments to Watch in Washington State - 2025 Mid-Year Update

Washington State’s most recent legislative session brought a flurry of environmental activity, with lawmakers advancing measures on climate disclosure, chemical regulation, clean energy infrastructure, and, after several…more

Clean Energy, Energy Policy, Environmental Policies, Extended Producer Responsibility (EPR), Greenhouse Gas Emissions

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Augustus Winkes

Environmental Developments to Watch in Washington State - 2025 Mid-Year Update

Washington State’s most recent legislative session brought a flurry of environmental activity, with lawmakers advancing measures on climate disclosure, chemical regulation, clean energy infrastructure, and, after several…more

Clean Energy, Energy Policy, Environmental Policies, Extended Producer Responsibility (EPR), Greenhouse Gas Emissions

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Jack Zietman

FDA Seeks Public Comment on Post-Market Chemical Review Prioritization Method

Key Takeaways - What Happened: The U.S. Food and Drug Administration (FDA) released its draft post-market chemical review prioritization method for public comment. Public comments are due July 18, 2025…more

Chemicals, Food and Drug Administration (FDA), Food Manufacturers, Food Safety, Public Comment

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Graham Zorn

Maine DEP Requests Proposals on Currently Unavoidable Uses of PFAS in Products

Maine’s Department of Environmental Protection (DEP) is soliciting proposals for currently unavoidable use (CUU) designations under the state’s statute regulating the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS)…more

Chemicals, Department of Environmental Protection, Hazardous Substances, PFAS, State and Local Government

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