United States: Waste Management

A federal judge in Oregon has upheld the state's packaging extended producer responsibility law against constitutional challenges, marking the first packaging EPR case to reach a decision on the merits. The ruling rejected claims that Oregon's program violates the dormant Commerce Clause and Due Process Clause, establishing important precedents that may influence similar litigation in other states. With the preliminary injunction now dissolved, producers covered by Oregon's EPR law face immediate compliance

California Governor Newsom has signed Senate Bill 501, significantly expanding the state's Responsible Battery Recycling Act to include medium-format batteries used in e-bikes, portable generators, and electric lawn equipment. The new law modifies collection obligations for retailers and clarifies when batteries qualify as easily removable, while maintaining core producer responsibilities for battery stewardship programs.

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.

From Supreme Court rulings on Roundup lawsuits to expanded oil and gas drilling in California, this update covers major environmental law and policy developments affecting businesses and communities. Key stories include challenges to California's plastic recycling requirements, EPA's proposed NEPA procedural changes, and significant water infrastructure funding decisions.

California's groundbreaking SB 707 establishes the nation's first extended producer responsibility law for textiles, fundamentally shifting accountability for post-consumer clothing and household textiles from consumers to the brands that profit from them. The Responsible Textile Recovery Act of 2024 creates a complex compliance framework with cascading liability, contractual flexibility, and severe market-access penalties that will reshape how fashion and luxury brands operate in America's largest consumer

The EPA has released draft guidance addressing potential risks from PFOA and PFOS in biosolids, marking a significant shift from its previous risk assessment approach. This guidance aims to clarify common exposure risks and provide practical risk reduction strategies for wastewater treatment operators, farmers, and state agencies. The move comes after stakeholders raised concerns about confusion stemming from the Biden administration's earlier draft risk assessment.

A federal court in California examined whether pollution exclusions in commercial insurance policies bar coverage for environmental claims arising from equine operations.

Environmental groups push for statewide regulation of polluted stormwater runoff from commercial properties, while President Trump announces funding for a controversial coal-export terminal and the EPA launches an initiative to accelerate superfund site cleanups. California's Air Resources Board approves major changes to its cap-and-invest program, creating a $4 billion decarbonization fund amid concerns from climate advocates.

Three major environmental organizations have filed suit against CalRecycle, alleging that final regulations implementing California's SB 54 Plastic Pollution Prevention Act improperly weaken the statute's plastic-reduction and recycling mandates through regulatory carve-outs.