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Consultation opens on Draft European Sustainability Reporting Standards (ESRS) for Corporate Sustainability Reporting Directive (CSRD) reporting for certain non-EU companies

By Begonia Filgueira and Cristina Vela Gonzalez on Posted in Climate Change & Sustainability
The European Financial Reporting Advisory Group (EFRAG) has opened a 100-day consultation between 23 July and 31 October 2026 on the draft ESRS that apply to certain non-EU companies reporting under CSRD. This is relevant if you are, for example a UK, US or Japanese company with a large presence in the EU, whatever sector … Continue Reading

Truth mandated, speech challenged: Federal judge issues preliminary injunction on the enforcement of California’s SB 343 “Truth in Recycling” law on First and Fourteenth Amendment grounds

By Kendra Sherman, Allen Kacenjar, Danelle Gagliardi and Abigail Dop on Posted in Climate Change & Sustainability, Packaging and Packaging Waste
Our firm published this prior client alert to help companies prepare for California’s SB 343, known as the “Truth in Recycling Law,” which is set to become effective on October 4, 2026. However, the law was recently challenged in the US District Court for the Southern District of California by a coalition that includes the … Continue Reading

Environmental Permitting for AI Data Centers: Federal Acceleration, Federal Lands, and State Resistance

By Alex Arensberg, Carolyn L. McIntosh and Phil Sandick on Posted in Air Quality, Climate Change & Sustainability, Energy & Utilities, Mining & Natural Resources, NEPA, Rulemaking & Policy Development, Water Quality
The environmental permitting landscape for data centers is shifting rapidly, with federal and state regulators often pulling in opposite directions. The Trump Administration has moved to accelerate federal environmental review and to open federal lands for data center siting. States and localities have responded by tightening scrutiny of the energy, water, and land use impacts … Continue Reading

The Packaging EPR Lawsuit You’re Not Watching—But Should Be

By Allen Kacenjar, Phil Sandick, Jennifer Tharp and Nicole Bothwell on Posted in Climate Change & Sustainability, Environmental
If you follow extended producer responsibility (EPR) litigation, your inbox has been full of updates about Oregon.  For good reason: the National Association of Wholesaler-Distributors (NAW) filed suit in federal court in July 2025 challenging the constitutionality of Oregon’s Plastic Pollution and Recycling Modernization Act, secured a preliminary injunction in February 2026, and has a trial date … Continue Reading

UK Parliamentary Committee Publishes Report on PFAS Risks

By Francesca Puttock on Posted in Chemicals & Products, Climate Change & Sustainability, Environmental, Environmental Due Diligence, Food Safety, Food-Contact Materials and Articles, Health & Safety, Supply Chain, Water Quality
It has been a couple of months since the UK PFAS Plan was published and made countless headlines. Today (23 April 2026), having gathered evidence as part of a parliamentary inquiry, the House of Commons’ Environmental Audit Committee (“EAC“) published a report titled ‘Addressing the risks from Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)‘. The report summarises … Continue Reading

Emerging State-Level Greenhouse Gas Emissions Reporting Frameworks

By Michael Cox and Phil Sandick on Posted in Air Quality, Climate Change & Sustainability, Rulemaking & Policy Development
As the US Environmental Protection Agency (EPA) rolls back greenhouse gas (GHG) laws, rules, and regulations consistent with Trump Administration priorities, several states are advancing legislation to create their own GHG emissions reporting frameworks. While some of these initiatives generally mirror California’s climate disclosure requirements, this new state-led regulatory landscape is creating a state-by-state patchwork … Continue Reading

UPDATE: CARB Passes Initial Climate Disclosure Regulation under SB 253 and SB 261

By Alex Arensberg, Lianne Mantione, Michael Cox and Phil Sandick on Posted in Air Quality, Climate Change & Sustainability, Rulemaking & Policy Development
At its February 26, 2026 meeting, the California Air Resources Board (“CARB”) approved a key step in implementing California’s landmark climate disclosure laws. CARB adopted the long-awaited California Corporate Greenhouse Gas Reporting and Climate Related Financial Risk Disclosure Initial Regulation (“Initial Regulation”) implementing the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial … Continue Reading

Omnibus I Reforms

By Begonia Filgueira on Posted in Climate Change & Sustainability
After over 12 months of legal uncertainty, the EU has finalised the Omnibus I reforms and there is certainty as to who will need to report under the EU Corporate Sustainability Directive (CSRD) and EU Corporate Sustainability Due Diligence Directive (CS3D). To recap and in summary, CSRD required around 46,000 companies established in the EU, … Continue Reading

Important Updates on California’s Climate Disclosure Laws

By Alex Arensberg, Lianne Mantione and Nicole Bothwell on Posted in Air Quality, Climate Change & Sustainability
California’s climate disclosure laws continue to present novel challenges and twists and turns to regulated businesses, and the past month is no exception. Since our last blog post on this topic, there have been significant developments regarding the implementation of SB 261 and SB 253. On November 18, 2025, the Ninth Circuit Court of Appeals … Continue Reading

Unraveling California’s Web of Climate Disclosure Laws, Part 3: Voluntary Carbon Market Disclosures Act (AB 1305)

By Alex Arensberg, Lianne Mantione, Jennifer Tharp and Nicole Bothwell on Posted in Administrative Law Corner, Climate Change & Sustainability, Environmental, Environmental Protection, Rulemaking & Policy Development
California is forging a path for climate disclosure with its series of related legal frameworks requiring covered entities to disclose climate-related information, supporting documentation for certain net zero claims and financial risk frameworks. In October 2023, California became the first state to enact such broad climate disclosure legislation, with the passage of the: Entities covered … Continue Reading

Unraveling California’s Web of Climate Disclosure Laws, Part 2: Climate Corporate Data Accountability Act (SB 253)

By Alex Arensberg, Lianne Mantione, Jennifer Tharp and Nicole Bothwell on Posted in Administrative Law Corner, Climate Change & Sustainability, Environmental, Environmental Protection, Rulemaking & Policy Development
California is forging a path for climate disclosure with its series of related legal frameworks requiring covered entities to disclose climate-related information, supporting documentation for certain net zero claims and financial risk frameworks. In October 2023, California became the first state to enact such broad climate disclosure legislation, with the passage of the: Entities covered … Continue Reading

Unraveling California’s Web of Climate Disclosure Laws, Part 1: Climate-Related Financial Risk Act (SB 261)

By Alex Arensberg, Lianne Mantione, Jennifer Tharp and Nicole Bothwell on Posted in Administrative Law Corner, Climate Change & Sustainability, Environmental, Environmental Protection, Rulemaking & Policy Development
California is forging a path for climate disclosure with its series of related legal frameworks requiring covered entities to disclose climate-related information, supporting documentation for certain net zero claims and financial risk frameworks. In October 2023, California became the first state to enact such broad climate disclosure legislation, with the passage of the: Entities covered … Continue Reading

EPA Initiates Greenhouse Gas Emissions Rollback – A New Battle Begins

By Lianne Mantione and Michael Cox on Posted in Air Quality, Climate Change & Sustainability, Energy & Utilities, Municipal Utilities, Rulemaking & Policy Development
The summer of 2025 has seen the U.S. Environmental Protection Agency (EPA) implement a significant shift in U.S. federal climate policy envisioned by the Trump Administration. First, on June 17, 2025, EPA proposed a rule, entitled Repeal of Greenhouse Gas Emissions Standards for Fossil Fuel-Fired Electric Generating Units, which would repeal Obama and Biden era … Continue Reading

ESG Due Diligence Update: First Lessons from Recent Rulings in the EU

By Squire Patton Boggs on Posted in Climate Change & Sustainability, Rulemaking & Policy Development
As the EU intensifies its focus on ESG, the new Corporate Sustainability Due Diligence Directive (CS3D) is poised to enforce stricter environmental accountability across corporate operations. This directive, along with recent EU court rulings, underscores the critical need for companies to strengthen their environmental due diligence to avoid significant legal and financial penalties. For a … Continue Reading

Deposit return scheme: Circularity Scotland hails “milestone” producer registration and reaffirms August 2023 launch date amid growing scepticism

By Nicola Smith and Francesca Puttock on Posted in Alcohol, Food and Entertainment Licensing, Climate Change & Sustainability, Environmental, Food Safety, Product Safety, Uncategorized
With a planned launch date of 16 August 2023, the pressure is on for the Scottish government to deliver the deposit return scheme (“DRS”) for drinks containers. Despite increased scrutiny of industry readiness, Circularity Scotland (“CSL”) reaffirmed on 2 March that the scheme is on track and that producers responsible for more than 95% of … Continue Reading

New and Updated Guidance on the Scope of the UK Plastic Packaging Tax

By Oliver Bristow on Posted in Climate Change & Sustainability, Environmental
The Plastic Packaging Tax (the Tax) came into force on 1 April 2022 and applies to finished plastic packaging components (PPC) produced for commercial purposes or imported into the UK that contain less than 30% recycled plastic by weight. Since our previous article and our FAQ for businesses explaining the Tax, HMRC has updated its original guidance … Continue Reading

New Plastics Bill Would Require US EPA Action Under TSCA

By Nicole Bothwell on Posted in Chemicals & Products, Climate Change & Sustainability
As interest in regulating the production and use of plastics continues to grow, users of chemicals related to plastics should take note of the newly proposed “Protecting Communities from Plastics Act,” introduced in Congress on December 1, 2022 (the Act).  The Act is intended to identify potential health effects of certain plastics, limit their production, and … Continue Reading

UK Government Proposes 1,000 Fold Increase in Fines for Water Companies

By Francesca Puttock on Posted in Climate Change & Sustainability, Environmental, Environmental Protection, Uncategorized, Water Quality
The number of pollution incidents allegedly perpetrated by water companies in the UK has risen sharply in the last few years. On 3 October 2022, the UK Government shared proposals to raise the maximum cap on civil penalties for pollution incidents to unprecedented levels – from £250,000 up to £250 million per violation. If retained … Continue Reading

US EPA Launches Initiative to Streamline the Review Process for Certain Electric Vehicle and Clean Energy Chemicals

By ScheLeese Goudy on Posted in Chemicals & Products, Climate Change & Sustainability, Energy & Utilities, Environmental, Mining & Natural Resources
On October 5, 2022, the U.S. Environmental Protection Agency (EPA) announced its intent to streamline the review process of mixed metal oxides (MMOs).  MMOs are a key component in lithium-ion batteries, which are used in electric vehicles and other clean energy initiatives, including in semi-conductors, and renewable energy generation and storage, such as in solar … Continue Reading

US States Charge Into the Future with Federal Support for EV Charging Infrastructure

By ScheLeese Goudy on Posted in Air Quality, Climate Change & Sustainability, Energy & Utilities, Environmental, Rulemaking & Policy Development
Earlier this year, a new $5 Billion National Electric Vehicle Infrastructure (NEVI) Formula Program was established under the Bipartisan Infrastructure Law.  The Program will provide funding to States to help with the strategic deployment of a national network of 500,000 electric vehicle (EV) charging stations by 2030, with the goal of providing convenient, reliable, affordable, … Continue Reading

New EU Ecodesign law – “Making sustainable products the norm” or empty shell?

By Squire Patton Boggs on Posted in Climate Change & Sustainability, Environmental, Rulemaking & Policy Development
At the end of March, the European Commission (Commission) presented the Sustainable Products Initiative (SPI) as part of a ‘Circular Economy Package I’, together with a Sustainable Textiles Strategy, and proposals for a new directive empowering consumers for the green transition (please see Sustainability Outlook March 2022), and a new Construction Products Regulation. In its … Continue Reading

Furthering the Biden Administration’s Environmental Goals Using the Farm, Ranch, and Rural Communities Advisory Committee

By Katherine Wenner on Posted in Climate Change & Sustainability, Environmental
Recently, in celebration of National Agriculture Day, US EPA Administrator Regan announced that US EPA had rechartered its Farm, Ranch & Rural Communities Advisory Committee (FRRCC).  Administrator Regan simultaneously announced a new charge topic for the FRRCC as well. The FRRCC was developed in 2007 and focuses on providing policy advice, information, and recommendations to … Continue Reading

Environmental Justice Consideration in Affordable Housing

By Squire Patton Boggs on Posted in Climate Change & Sustainability, Environmental, Environmental Protection, Rulemaking & Policy Development
Environmental justice has a natural connection to affordable housing programs.  It remains, however, a broad and somewhat elusive term.  There is no formal definition of environmental justice in US federal law.  However, relevant agencies have developed working descriptions for the term.  US EPA generally defines it as “fair treatment and meaningful involvement of all people … Continue Reading
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