United States: Clean Air / Pollution

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Environmental law articles, insights, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as clean air/pollution, climate change, environmental law and waste management.

Colorado Court Of Appeals Holds That Federal Law Preempts State Courts From Ordering Airport Noise Restrictions

On March 12, 2026, a division of the Colorado Court of Appeals issued a significant opinion concerning federal preemption, aviation law, and environmental nuisance. In Town of Superior v. Board of County Commissioners of Jefferson County, 2026 COA 14, the division held that federal law preempts a state court from ordering an airport proprietor to ban certain aircraft operations as a noise abatement measure, even though the proprietor itself retains the authority to impose such restrictions voluntarily.

United States Litigation

DG

Davis Graham

Carbon Arbitrage In AI Data Center Siting: What Developers, Lenders & Their Counsel Need To Know

The patchwork of carbon pricing regimes across the U.S. and globally has become one of the most consequential – and least discussed – variables in AI data center siting decisions.

United States Environment

DG

Davis Graham

EPA Again Reconstitutes The SAB And CASAC; Will Deference To Advisory Boards Survive The Repeated Upheavals?

I’ve blogged numerous times about the role of EPA’s Science Advisory Board and, in particular, the Clean Air Science Advisory Committee, in providing validation for EPA’s technical decisions.

United States Environment

FH

Foley Hoag LLP

Timing Is Everything: An Overview Of Environmental Claims And Their Limitations Periods: Part II – State

While federal environmental laws provide a foundational framework, much of the real enforcement action happens at the state level.

United States Environment

BA

Bradley Arant Boult Cummings LLP

California Publishes Long-Awaited Regulations For SB 54

United States Environment

GG

Greenberg Glusker LLP

EPA Adds Microplastics And Pharmaceuticals To Safe Drinking Water Contaminant Candidate List; States Await EPA Response To PFAS Clean Air Act Request; And New Mexico Adopts Expanded PFAS Labeling Requirements

United States Environment

SH

Shook, Hardy & Bacon

Minnesota PFAS Reporting Deadline Extended To Sept. 15, 2026

United States Environment

TS

Taft Stettinius & Hollister

PFAS On Your Hands? EPA Weighs In With Updated Interim Guidance On The Destruction And Disposal Of PFAS Substances

United States Environment

AP

Arnold & Porter

Army Corps Reissues And Modifies Nationwide Permits, Adding One New Permit

United States Environment

SP

Sive, Paget & Riesel

NY Court Annuls DEC Freshwater Wetlands Regulations

United States Environment

SP

Sive, Paget & Riesel

SEQRA Reform Remains Under Deliberation In The FY27 New York State Budget

United States Environment

SP

Sive, Paget & Riesel

EPA Publishes Guidance On Streamlining Title V Permit Renewals: What It Means For Permitting Authorities And Regulated Sources

United States Environment

SH

Stites & Harbison PLLC

GALA To Co-Host "Cannes Rules!" -- A Full Day Event About Advertising Law And Self-Regulation

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Minnesota Extends PFAS In Products Reporting Deadline To September 15, 2026

United States Environment

BD

Beveridge & Diamond

Seventh Circuit Roundup: What Recent Decisions Reveal About Pleading, Intent, And Immunity (Podcast)

United States Litigation

BT

Barnes & Thornburg LLP

The Empty Chair At Johannesburg: What It Says About US Power

United States International

SJ

Steptoe LLP

Supreme Court Clarifies Separation Of Powers In IEEPA Tariffs Decision

United States International

BG

Braumiller Law Group, PLLC

401(k) And IRA Contribution Limits For 2026: Retirement Savings, Adjustments For Inflation, And SECURE 2.0 Changes American Taxpayers Must Know About

United States Tax

RS

Rotfleisch & Samulovitch P.C.

Colorado "Opt-Out" Litigation – Petition For Rehearing En Banc And Amicus Briefs In Support

United States Finance

BS

Ballard Spahr LLP

House Subcommittee Will Hold Hearing On Critical Material Supply Chains, Examine How To Modernize TSCA

On April 22, 2026, the House Energy and Commerce Subcommittee will hold a hearing entitled “Help or Hindrance? The Impact of U.S. Environmental Laws on Critical Material Supply Chains, National Security...

United States Environment

BC

Bergeson & Campbell

Latest Updates On Per- And Polyfluorinated Substances (PFAS)- March Update

PFAS restriction under REACH – RAC opinion adopted, SEAC draft opinion agreed and public consultation launched. A major milestone has been reached in the EU generic restriction process for PFAS.

United States Environment

SP

Squire Patton Boggs LLP

EPA Proposes Extending Deadline For TSCA Section 8(d) Health And Safety Data Reporting

On March 30, 2026, the U.S. Environmental Protection Agency (EPA) proposed extending the reporting deadline for the Health and Safety Data Reporting Rule under the Toxic Substance Control Act...

United States Environment

BC

Bergeson & Campbell

EPA Issues New Emergency E15 Waiver And Renewable Fuel Standard Rule For 2026-2027 Amid Rising Fuel Costs Associated With Iran War

The EPA has issued a new emergency waiver permitting nationwide E15 gasoline sales for summer 2026, while also waiving federal enforcement of state boutique fuel requirements. This action comes amid rising fuel prices driven by Middle East conflict and coincides with the finalization of historic Renewable Fuel Standard volume requirements for 2026-2027.

United States Energy

WS

Winston & Strawn LLP

SB 54 Regulations Approaching The Finish Line, Reporting Deadline On The Horizon

United States Environment

GG

Greenberg Glusker LLP

Baker Botts Secures Major Victory In Fifth Circuit, Vacating EPA’s Disapproval Of Texas’s Clean Air Act Good Neighbor Plan

United States Environment

BB

Baker Botts LLP

Navigating The Challenges Of Data Center Growth —Part III: Evolving Federal, State, And Local Policy

United States Energy

FH

Foley Hoag LLP

Pollution Exclusion Survives Challenge In Equine Environmental Coverage Dispute

United States Environment

WR

Wiley Rein

MassDEP Seeks Comment On Revisions To Longstanding Noise Policy

United States Environment

BD

Beveridge & Diamond

Recent Federal Developments For March 2026

United States Energy

BC

Bergeson & Campbell

Liberty Northwest Ins. Corp. v. Atlantic Specialty Ins. Co., No. 24-7353 (9th Cir. Feb. 20, 2026) (Unpublished)

United States Insurance

N

Nossaman LLP

CARB Finalizes Initial Rulemaking Package For SB 253 And SB 261

United States Environment

AG

Akin Gump Strauss Hauer & Feld LLP

Minnesota Updates Its PFAS Reporting System

United States Environment

BC

Bergeson & Campbell

Washington Update: Sustainable Energy & Infrastructure — March 2026

United States Energy

M

Mintz

Liberty Northwest Ins. Corp. v. Atlantic Specialty Ins. Co., No. 24-7353 (9th Cir. Feb. 20, 2026) (Unpublished)

The Ninth Circuit reversed a lower court and held that insurer Atlantic Specialty (as successor to One Beacon) had a duty to defend an employee's suit against his employer, a semiconductor manufacturer. In the underlying claim, the employee alleged exposure to chemicals at work caused birth defects in his son and sought $270M in damages.

United States Insurance

N

Nossaman LLP

CARB Finalizes Initial Rulemaking Package For SB 253 And SB 261

The California Air Resources Board (CARB) recently finalized a narrowly crafted, initial set of implementing regulations (Regulations) for California's climate‑reporting statutes...

United States Environment

AG

Akin Gump Strauss Hauer & Feld LLP

Minnesota Updates Its PFAS Reporting System

The Minnesota Pollution Control Agency (MPCA) announced on February 28, 2026, that it has updated the online system...

United States Environment

BC

Bergeson & Campbell

Washington Update: Sustainable Energy & Infrastructure — March 2026

In February, new legislation on advanced nuclear deployment, sweeping regulatory reversals at EPA, and new guidance on clean energy tax policy continued to solidify the administration's climate and energy strategy.

United States Energy

M

Mintz

New York Appellate Court Dismisses Green Amendment Claim And Rejects Argument That Amendment Is Self-Executing

United States Environment

BD

Beveridge & Diamond

Parent Companies Providing Management Services To Subsidiary Held Liable As Facility 'Operator' Under The Clean Air Act

On Feb. 17, the Eastern District of Michigan held, after a bench trial, that indirect parent companies of EES Coke Battery LLC (EES Coke) are strictly liable as 'operators' for Clean Air Act violations at EES Coke's facility.

United States Environment

LS

Lowenstein Sandler

Climate Change and State Authority: Potential Broad Implications of the Supreme Court's Grant of Certiorari in Suncor Energy, Inc v. Commissioners of Boulder County

The U.S. Supreme Court has granted certiorari in Suncor Energy, Inc., et al. v. Commissioners of Boulder County, et al., No. 25-170, a case arising from climate change tort claims brought by Boulder County ...

United States Environment

BD

Beveridge & Diamond

RMP Rulemaking Redux - Again

In the latest step in the ongoing Risk Management Program (RMP) revision saga, the U.S. Environmental Protection Agency...

United States Environment

BD

Beveridge & Diamond

EPA Rescinds Greenhouse Gas Endangerment Finding

On February 12, 2026, US Environmental Protection Agency (EPA) Administrator Lee Zelden announced that the EPA had issued its final rule rescinding the 2009 Greenhouse Gas Endangerment Finding...

United States Environment

BL

Butzel Long

Takeaways From Michigan Decision Imposing Over $120 Million In Clean Air Act Penalties Against Coke Plant Parent

United States Environment

AF

ArentFox Schiff

EPA Withdraws Endangerment Finding, Rescinds Vehicle GHG Emission Standards

United States Environment

TS

Taft Stettinius & Hollister

EPA Issues Final Rule Eliminating GHG Endangerment Finding

United States Environment

KG

K&L Gates LLP

Federal Court Puts Oregon Extended Producer Responsibility Program On Limited Hold Ahead Of Upcoming Trial

United States Environment

SH

Shook, Hardy & Bacon

EPA Finalizes Repeal Of Greenhouse Gas Endangerment Finding

United States Energy

JD

Jones Day

California Environmental Law & Policy Update

United States Environment

AM

Allen Matkins Leck Gamble Mallory & Natsis

Trump Administration Repeals Endangerment Finding: Why, And What Next?

United States Environment

FL

Foley & Lardner

EPA Repeals Vehicle Greenhouse Gas Standards And The Underlying Endangerment Finding

United States Environment

HK

Holland & Knight

Trump's EPA Abandons Climate Action

United States Environment

FH

Foley Hoag LLP

EPA Strikes At The Roots Of Federal GHG Regulations, Rescinds Endangerment Finding For Motor Vehicles

United States Environment

BD

Beveridge & Diamond

EPA Eliminates Greenhouse Gas Endangerment Finding And All Subsequent Federal Vehicle Emission Standards

United States Environment

AF

ArentFox Schiff

9 Questions About EPA's Rescission Of The 2009 Endangerment Finding

United States Environment

BB

Baker Botts LLP

Debate Erupts Over EPA Cost-Benefits Math: Contextualizing The Relevance Of Cost-Benefit Analysis In Clean Air Act Rulemaking

United States Environment

AP

Arnold & Porter

Oregon Plastic Packaging Recycling Law On Partial Hold Following Federal Court Ruling

United States Environment

BS

Ballard Spahr LLP

Minnesota PFAS Reporting System Available, MPCA Will Hold February Webinar On CUUs

United States Environment

BC

Bergeson & Campbell

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Latest Videos

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EPA's Proposed Repeal Of The 2009 Endangerment Finding: Unexpected Arguments And Implications For Industrial Sources (Video)

B

Bracewell

Environmental Essentials Webinar Series – EPA's Proposed Repeal Of The Carbon Pollution Standards For Power Plants: Implications For The Rest Of Industry

B

Bracewell

Interview With Dr. Michal Freedhoff (Video)

AP

Arnold & Porter

Citizen Plaintiffs Lose A Climate Suit — Let Me Count The Ways (Video)

FH

Foley Hoag LLP

The Clean Air Act Is Really Complicated; Can't We Call The Whole Thing Off? (Video)

FH

Foley Hoag LLP

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