United States: Environment

The Department of Justice has moved to dismiss a Clean Air Act citizen suit against xAI, raising fundamental questions about whether private plaintiffs may proceed when EPA allegedly declined to require preconstruction permitting review. The case involves dozens of massive gas-fired turbines powering a Memphis data center that plaintiffs claim require permits under the Prevention of Significant Deterioration and New Source Review programs, while xAI and state regulators contend they are exempt as temporary

The U.S. Court of Appeals for the D.C. Circuit has upheld EPA's designation of PFOA and PFOS as hazardous substances under CERCLA, rejecting industry challenges on statutory interpretation, notice requirements, and cost-benefit analysis grounds. This landmark decision opens the door to widespread CERCLA liability for PFAS contamination and potentially paves the way for additional PFAS compound designations, fundamentally reshaping environmental cleanup obligations across industries.

The Texas Environmental Superconference convened leading regulators, industry representatives, and environmental practitioners to examine critical developments in environmental and natural resources law. What are the most pressing issues facing environmental policy today, from data centers and water management to climate transition and enforcement strategies?

The Texas Environmental Superconference convened leading regulators, industry representatives, and environmental practitioners to examine critical developments in environmental and natural resources law. What are the most pressing issues facing environmental policy today, from data centers and water management to climate transition and enforcement strategies?

This comprehensive alert examines the most significant environmental policy developments across Latin America from April to June 2026, covering major legislative reforms, conservation initiatives, and international cooperation efforts. From Chile's expansion of marine reserves to Mexico's proposed overhaul of environmental law, and Colombia's pioneering conference on fossil fuel elimination, the report analyzes how governments are reshaping environmental governance. The alert provides critical insights into

California's climate disclosure regime is undergoing rapid transformation through regulatory developments, implementation guidance, and litigation. This legal update examines the latest developments affecting SB 253 and SB 261, including the California Air Resources Board's revised rulemaking and extended compliance timelines that will impact companies doing business in California.

Chicago has become the latest city to push back against new data center development. On August 11, 2026, Chicago Mayor Brandon Johnson signed Executive Order 2026-5, titled “Protecting Chicagoans’ Clean Water, Clean Air, Energy Affordability, and Quality of Life.” The Order establishes an enhanced regulatory framework for data center development in Chicago. In the Order, the Mayor calls on the City Council to enact a temporary moratorium on new data center construction and material expansions of existing facilities.

The California Air Resources Board (CARB) continues to refine the implementation of California’s landmark greenhouse gas (GHG) emissions reporting law, the Climate Corporate Data Accountability Act (SB 253). During a public workshop held on July 21, 2026...

California environmental regulators advance new pollution controls while federal agencies shift course on power plant emissions and pipeline approvals. Major infrastructure projects including dam retrofits...

The D.C. Circuit Court has upheld EPA's designation of PFOA and PFOS as CERCLA hazardous substances, rejecting all industry challenges and confirming significant compliance and liability implications for companies. This decision establishes that these "forever chemicals" can now form the basis for federal Superfund response actions and cost-recovery claims, while leaving broader questions about PFAS regulation and enforcement still in motion.

On July 21, CARB hosted a public workshop to clarify the near-term implementation path for SB 253, focusing on reporting deadlines, phased Scope 3 reporting, insurance-company treatment, and assurance. During the workshop, CARB introduced a new initial reporting deadline of November 10, 2026 for Scope 1 and Scope 2 emissions reporting, and discussed phased-in Scope 3 reporting beginning in 2027. CARB also signaled that future rules will rely heavily on the GHG Protocol, including disclosures on methodology, boundaries, emissions factors, data sources, and global warming potential values, and previewed expected future application of the climate reporting laws to insurance companies.

A federal judge has approved settlements worth up to $2.5 billion between New Jersey and major chemical manufacturers over PFAS contamination at legacy manufacturing sites. The agreement requires cleanup of four contaminated facilities and funding for natural resource restoration over the next 25 years. Taft partners Rob Bilott and Dave Butler were part of the legal team that secured this landmark environmental settlement.