Insights

Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program.

On May 4, 2026, the U.S. Department of Justice (“DOJ”) filed a federal complaint seeking to enjoin Minnesota’s state-court climate lawsuit against major energy companies. DOJ contends that Minnesota’s claims—which target global greenhouse gas emissions—intrude on exclusive federal authority. The complaint asserts that Minnesota’s lawsuit violates the dormant Commerce Clause and is preempted based on uniquely federal interests, the prohibition on extraterritorial state regulation, the Clean Air Act (“CAA”), and the Foreign Affairs doctrine.

On April 6, 2026, the U.S. Environmental Protection Agency (EPA) published the draft Sixth Contaminant Candidate List (CCL 6), marking a significant step in the agency's effort to identify and evaluate unregulated contaminants in public water systems. The CCL 6 includes 75 chemicals, four chemical groups (disinfection byproducts (DBP), microplastics, per- and polyfluoroalkyl substances (PFAS), and pharmaceuticals), and nine microbes.

A coalition of regional clean energy trade associations — including RENEW Northeast, Alliance for Clean Energy New York, Southern Renewable Energy Association, and Interwest Energy Alliance — along with the Green Energy Consumers Alliance (GECA), filed suit in December 2025 against the Department of the Interior (DOI), the Bureau of Land Management, the Bureau of Ocean Energy Management, the U.S. Fish and Wildlife Service (USFWS), and the Army Corps of Engineers. The complaint alleged that five agency actions, issued in response to a series of executive orders and presidential memoranda beginning on January 20, 2025, violated the Administrative Procedure Act (APA) by arbitrarily halting or restricting federal permitting for wind and solar energy projects. Plaintiffs sought a preliminary injunction to halt enforcement of these policies while the litigation proceeds. See Renew Northeast, et al. v. U.S. Dep’t of Interior, et al., No. 25-cv-13961-DJC,  (D. Mass. Apr. 21, 2026) ECF Dkt. 89.

Entities regulated by the Animal Welfare Act (AWA) are potentially facing an unprecedented wave of federal enforcement as DOJ, USDA, HHS, and DHS unleash a plan to intensify inspections, increase compliance demands, and coordinate enforcement efforts like never before — making proactive preparation essential for all affected organizations.

In a rare move that could have significant impacts for businesses operating in regulated industries, the Trump administration has indicated plans to invoke the Endangered Species Committee, commonly referred to as the “God Squad.”  See 16 U.S.C. 1536(e); 50 C.F.R. Part 453. On March 16, 2026, the Interior Department published a notice in the Federal Register, stating that the Committee will hold a meeting – which will be livestreamed - on March 31 in Washington, D.C. to consider an ESA exemption “with respect to oil and gas exploration, development, and production activities” in the Gulf.[1]This little-known but powerful federal panel earned its nickname because it holds the authority to exempt certain projects from the protections of the Endangered Species Act (ESA), potentially clearing the way for development and other activities in sensitive habitats.

On February 19, 2026, the Federal Energy Regulatory Commission (FERC) issued Branch Street Solar Partners, LLC et al., 194 FERC ¶ 61,124 (2026) rejecting the refund reports filed in connection with the late filing of recertifications of qualifying facility (QF) status by certain affiliated companies to reflect a change in upstream ownership. FERC’s rearticulation of QF recertification timing requirements and consequences for late QF recertifications has broad and substantial implications for all QF owners. 

Rising electricity prices are becoming an increasingly potent political issue, with both utilities and data centers facing growing scrutiny from federal and state lawmakers on how to insulate ratepayers from rising costs. While headlines have been dominated by the White House and Governors of states in the PJM Interconnection proposing reforms to the PJM capacity market, and by New Jersey Governor Sherrill’s goal to freeze rate hikes, the issue is also quickly becoming a focal point of congressional oversight.

The UK Financial Conduct Authority (FCA) recently issued consultation paper CP26/5, proposing to replace the existing Task Force on Climate-related Financial Disclosures (TCFD) requirements with new rules mandating listed companies to report against the UK Sustainability Reporting Standards (UK SRS). These are based on the IFRS Sustainability Disclosure Standards developed by the International Sustainability Standards Board (ISSB).

State regulation of PFAS-containing products will ramp up significantly in 2026. Most notably, companies will have to comply with Minnesota’s sweeping new product-reporting requirements.  As we explain below, Minnesota’s requirements cast a wide net, capturing companies that may not sell products directly into the state. This and other features of the state’s reporting program are likely to present significant compliance challenges for a wide range of businesses.

As microplastics begin making headlines and sparking scientific inquiry into the impacts of these pervasive particles, state legislators, regulators, and law enforcers—as well as private plaintiffs’ counsel—are taking action. In California, a bipartisan coalition of legislators passed AB 823, expanding the scope of an existing state ban on products containing plastic microbeads. Governor Newsom vetoed the bill, citing concerns that the ban would inadvertently slow the adoption of non-plastic alternatives.

After hosting a series of workshops and issuing multiple rounds of materials, including enforcement notices, checklists, templates, and other guidance, the California Air Resources Board (CARB) has proposed regulations to implement the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261) (both as amended by SB 219), which require large U.S.-based businesses operating in California to disclose greenhouse gas (GHG) emissions and climate-related risks. CARB also published a Notice of Public Hearing and an Initial Statement of Reasons along with the proposed regulations. While CARB’s final rules were statutorily required to be promulgated by July 1, 2025, these are still just proposals. CARB’s proposed rules largely track earlier guidance regarding how CARB intends to define compliance obligations, exemptions, and key deadlines, and establish fee programs to fund regulatory operations.

On 27 November 2025, the European Commission adopted the EU Bioeconomy Strategy 2025 (the Strategy), confirming the bioeconomy as a central pillar of Europe’s industrial, sustainability, and competitiveness agenda. The bioeconomy covers activities that deliver sustainable solutions based on biological resources, including biomass, residues, byproducts, and biogenic carbon, across sectors such as agriculture, forestry, fisheries, biomanufacturing, food, health, energy, materials, and construction.

On December 8, 2025, the U.S. District Court for the District of Massachusetts in State of New York v. Trump held unlawful and vacated the U.S. Department of the Interior’s “Wind Order” implementing President Trump’s January 20, 2025, “Temporary Withdrawal of All Areas on the Outer Continental Shelf From Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects,” 90 Fed. Reg. 8363 (Wind Memo, discussed further in a prior alert). This lawsuit, brought by a coalition of states with Alliance for Clean Energy New York intervening on their behalf, challenges Interior’s implementation, through the Wind Order, of the Wind Memo’s direction to pause processing permits and other approvals necessary to onshore and offshore wind energy development. Notably, the lawsuit does not challenge the other element of the Wind Memo, which withdrew unleased offshore areas from future leasing under the Outer Continental Shelf Lands Act (OCSLA). (Note, even though the Wind Order indicates its effect is temporary, the Wind Memo instructs relevant agencies not to advance wind development projects until a “comprehensive assessment” is completed, and the district court’s order confirms that the affected agencies had no plans to restart permitting activities until that assessment was complete.)

As we have reported previously, California has enacted a pair of climate-related reporting laws that apply to large entities doing business in California (SB 253 and SB 261, as modified by SB 219). This alert provides an update on only the most recent events; please see previous alerts for a broader overview of the laws’ requirements.

Microplastics pollution has emerged as a significant issue as the public learns more about the presence of microplastics in the environment and how they may enter the human body.

On November 10, 2025, the U.S. Environmental Protection Agency (EPA) released proposed regulations that, if adopted, would substantially alter the reporting obligations of companies that manufacture or import products containing per- or polyfluoroalkyl substances (PFAS). The proposed regulations would significantly reduce reporting burdens by exempting numerous products that currently trigger reporting requirements under EPA’s PFAS reporting regulations.  The proposed regulations would also delay the current deadline for reporting.

E&E News reported that EPA will continue to operate during the shutdown relying on “carryover funds.” Carryover funds generally are unspent and unobligated funds from a previous budget period that are carried forward to cover allowable costs in a future budget period. There is no indication how long EPA’s carryover funds will allow all EPA employees to continue working versus those that are “exempted” or “excepted” personnel, meaning they can continue to work either because they are separately funded (“exempted) or must continue to work because of their position (“excepted), such as emergency responders or criminal agents.

As of midnight on September 29, 2025, the U.S. government has entered a shutdown, triggering furloughs across many agencies that regulate the import and export of wildlife and wildlife products. For businesses and organizations engaged in international wildlife trade, this development raises urgent questions about inspections, permitting, and compliance. These delays impact not only entities engaged in the transfer of live animals but also companies involved in selling products in brick-and-mortar stores as well as e-commerce online stores, covering everything from food, jewelry, skincare and cosmetics to art supplies, home décor and furniture – many of which contain imported or exported wildlife products.