United States: Environmental Law

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

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.

Minnesota manufacturers face a critical September 15, 2026 deadline to report products containing intentionally added PFAS sold in the state, with extension requests due by August 16, 2026. The Minnesota Pollution Control Agency has provided guidance on using the PFAS Reporting Information System for Manufacturers (PRISM), including details on public contact designation and report review processes.