United States: Environmental Law

As federal climate disclosure rules face rescission and state-level mandates remain largely stalled, California's SB 253 greenhouse gas reporting requirement stands as the sole advancing framework, creating a fragmented compliance landscape where multistate companies must navigate divergent regulatory trajectories. With the SEC's 2024 climate rules stayed and proposed for elimination, and California's Air Resources Board finalizing implementation mechanics for November 2026 reporting deadlines, the operatio

On 9 September 2026, the Environmental Protection Agency (EPA) and the US Army Corps of Engineers published a supplemental proposal to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act.1 The supplemental proposal builds on the agencies’ November 2025 proposed rule and responds to the Supreme Court’s 2023 decision in Sackett v. EPA, which significantly narrowed the scope of waters subject to federal jurisdiction under the Clean Water Act and established a new framework for determining which waters fall within that jurisdiction.

The EPA and Army Corps have issued a supplemental proposal that would fundamentally reshape federal Clean Water Act jurisdiction by replacing the controversial "wet season" framework with a stricter "perennial water" standard. This alternative approach would require water features to flow continuously year-round under ordinary conditions, with limited exceptions for brief dry periods, potentially excluding vast areas—particularly in the arid West—from federal wetlands regulation.

New York City faces a critical housing shortage, and developers are increasingly turning to contaminated brownfield sites as opportunities for affordable housing development. This episode explores the complex intersection of environmental remediation, financial incentives, and policy reforms that make building on these challenging properties possible.

The US Army Corps of Engineers and EPA have released a supplemental proposal that further refines the regulatory definition of "waters of the United States" under the Clean Water Act. The proposed changes introduce bright-line tests for determining jurisdictional waters, requiring perennial flow and continuous surface connections rather than seasonal standards. These revisions aim to align federal regulations more closely with the Supreme Court's Sackett v. EPA decision while potentially narrowing the scope

Vermont's groundbreaking extended producer responsibility program for household hazardous products enters a critical phase as the state agency releases its draft implementation plan. With registration deadlines already in effect and new compliance requirements on the horizon, manufacturers of aerosols, cleaning products, motor oil containers, and similar consumer goods face significant operational and financial obligations. The draft plan outlines collection systems, municipal reimbursement formulas, and pr

A U.S. District Court examined whether a commercial general liability insurer must defend and indemnify a trucking contractor after a municipality sought to recover costs for remediating unlawfully deposited demolition debris. The court analyzed whether the property damage constituted an "occurrence" under the policy's definition of an accident, considering the insured's intentional placement of the debris and applicable policy exclusions.

Oregon Department of Environmental Quality (DEQ) reissued Oregon’s National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge General Permit No. 1200-Z (1200-Z General Permit), which regulates industrial stormwater discharges to waters of the state. The new 1200-Z General Permit, which took effect on July 1, 2026, reflects several significant changes from the previous 1200-Z permit issued in 2021.

State attorneys general across the nation took significant enforcement actions during the week of August 28-September 2, 2026, addressing child safety on social media platforms, environmental regulations, labor practices, and firearms laws. A historic $17 billion settlement with Meta Platforms highlights growing state-level scrutiny of technology companies' impact on minors, while multistate coalitions challenged federal environmental rollbacks and defended state consumer protection measures.