United States: Environmental Law

On September 25, 2026, the U.S. Environmental Protection Agency (EPA) published a final rule limiting Title V review of NSR preconstruction permitting decisions and clarifying that the General Duty Clause of the Clean Air Act (CAA) Section 112(r)(1) is not an “applicable requirement” under Title V.

A federal court in New Mexico has issued a preliminary injunction blocking enforcement of the state's PFAS labeling law, finding that while the disclosure requirement is factual and noncontroversial, it fails to reasonably relate to the state's claimed interests in protecting consumer health and the environment. The ruling examines the constitutional limits on government-compelled commercial speech and provides significant relief to consumer...

The EPA has finalized a partial repeal of the 2024 Carbon Pollution Standards for power plants, removing existing-source emission guidelines and certain carbon capture requirements while leaving broader questions about regulatory authority unresolved. A simultaneous supplemental proposal goes further by targeting the foundational legal basis for regulating power plant greenhouse gas emissions under the Clean Air Act, potentially creating more durable constraints on future climate regulation.

A federal appeals court has struck down EPA's methylene chloride regulation under TSCA, fundamentally challenging the agency's approach to chemical risk evaluation and management. The unanimous Fifth Circuit decision vacates both the 2022 risk determination and 2024 rule, potentially forcing EPA to revise its methodology for assessing chemical risks across multiple substances. Will this landmark ruling reshape how EPA regulates toxic chemicals and impact pending challenges to other chemical management rules

The U.S. Department of Justice has revised its Justice Manual to clarify that noncompliance with nonbinding agency guidance cannot, by itself, establish a criminal violation in environmental enforcement cases. Companies facing environmental investigations now have a concrete basis to distinguish between legally mandatory requirements and recommended practices, though guidance remains relevant as evidence of knowledge, technical standards, and compliance representations.

The U.S. Environmental Protection Agency has published four groundbreaking documents to its New Chemicals Division Reference Library that introduce New Approach Methods for assessing human health hazards of surfactants. These documents outline a refined approach using the MucilAir three-dimensional human airway epithelial model to derive human-relevant points of departure for respiratory irritation, marking a significant advancement in chemical safety assessment under TSCA Section 5.

California Water Views provides comprehensive coverage and analysis of water law, policy, and regulatory developments affecting California's complex water management landscape. The publication examines critical issues ranging from water rights and environmental compliance to infrastructure projects and drought management strategies.

The USDA's Animal and Plant Health Inspection Service has received two petitions from Bayer U.S.-Crop Science seeking nonregulated status for genetically engineered cotton varieties. One variety offers resistance to multiple herbicides, while the other provides protection against lepidopteran pests, with both petitions claiming the modified cotton poses no increased plant pest risk compared to conventional varieties.

New Jersey Assemblywoman Shama Haider has proposed groundbreaking legislation that would require manufacturers to label products containing microplastics and eventually ban their sale altogether. The Protecting Against Microplastics Act targets cleaning products, cosmetics, foodware, and ingestible items, implementing a three-phase rollout from disclosure requirements to a complete sales prohibition.