United States: Environment

Three bipartisan bills passed by the U.S. House of Representatives aim to revolutionize domestic recovery and recycling of critical minerals from waste streams, particularly lithium-ion batteries. The legislation addresses regulatory barriers under RCRA that currently complicate battery recycling operations and establishes new federal programs to coordinate critical mineral recovery efforts. Will these measures successfully position America to compete in the global race for critical mineral independence?

The Fifth Circuit's decision in East Fork Enterprises v. EPA vacates EPA's methylene chloride risk management rule and underlying unreasonable risk determination, fundamentally challenging the agency's approach to TSCA administration. The ruling addresses critical issues including the "whole chemical" versus "condition of use" methodology, EPA's treatment of personal protective equipment in risk assessments, and the interpretation of "unreasonable risk" under TSCA.

A federal judge has upheld Oregon's Plastic Pollution and Recycling Modernization Act against constitutional challenges, finding that the state's Extended Producer Responsibility program does not violate the Dormant Commerce Clause or Due Process Clause. The decision addresses critical questions about how much regulatory authority states may delegate to private producer responsibility organizations and what procedural protections producers must receive when mandatory fees are assessed.

This issue examines pivotal developments in carbon markets and climate policy, including California, Québec, and Washington's historic carbon market linkage agreement, the Trump Administration's use of Defense Production...

A federal court has struck down New York's Climate Change Superfund Act, which sought to recover $75 billion from fossil fuel companies based on historical emissions. The ruling found the Act preempted by the Clean Air Act, marking the first judicial decision on state climate superfund legislation and establishing that EPA's rescission of the endangerment finding does not alter preemption analysis.

On August 31, 2026, a district judge of the United States District Court for the Northern District of New York held that the State’s Climate Change Superfund Act (or the Act) is preempted and thus cannot be enforced. West Virginia v. James, No. 1:25-cv-00168 (N.D.N.Y. 2026).

A federal district court has preliminarily enjoined the EPA from reclassifying California's Clean Air Act preemption waiver orders as "rules" subject to the Congressional Review Act. The court found that EPA's reclassification likely violated the Administrative Procedure Act and exceeded the agency's authority, though the order does not prevent Congress from proceeding with pending disapproval resolutions.

The New Jersey Supreme Court will review key provisions of the state's Environmental Justice Rules, including their application to facilities in unpopulated areas adjacent to overburdened communities, the classification of existing facilities as "new," and the validity of stricter air pollution control standards. The case could reshape environmental permitting requirements and determine whether long-operating businesses face permit denial or merely additional conditions.

California environmental regulators are advancing significant changes to pollution monitoring and enforcement across multiple sectors. From the EPA's proposed elimination...

Bergeson & Campbell provides comprehensive coverage of federal regulatory developments affecting chemicals, pesticides, and related products, including EPA's latest TSCA risk evaluations, FIFRA pesticide updates, and emerging policy initiatives across environmental and chemical safety programs.

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 federal court has issued the first ruling on the constitutionality of state extended producer responsibility laws, upholding Oregon's Plastic Pollution and Recycling Modernization Act against industry challenges. The decision addresses critical questions about whether EPR programs violate the Commerce Clause and Due Process protections, with implications for similar legislation in California, Colorado, and other states. Companies subject to Oregon's EPR regulations must continue complying with registratio