The Rocky Mountain West is quietly becoming the most organized regulatory environment in the country for carbon capture and storage (CCS) projects. Two developments this spring deserve close attention: 1) The Environmental Protection Agency’s (EPA) proposed rulemaking granting Class VI underground injection control (UIC) well primacy to the State of Colorado, and 2) An interstate … Continue Reading
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
On June 23, 2026, the U.S. Court of Appeals for the Tenth Circuit issued a significant decision in Garfield County, Utah v. Trump, Nos. 23-4106 & 23-4107, holding that federal courts may review—and that sovereign immunity does not necessarily bar—challenges to a President’s designation of national monuments under the Antiquities Act. While the court stopped … Continue Reading
The Occupational Safety and Health Administration (OSHA) recently announced a series of informal public hearings regarding proposed deregulatory actions affecting workplace safety and health standards. The hearings follow proposed rulemakings published in the Federal Register on July 1, 2025 and April 6, 2026. The proposed actions would impact a broad range of OSHA regulations, including … Continue Reading
Fever-Tree has recently launched a legal challenge against the Environment Agency (EA) over its application of the waste disposal fees under the Packaging Extended Producer Responsibility (pEPR) scheme to their glass bottles supplied to pubs, bars and restaurants. Background The pEPR scheme has been implemented under the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations … Continue Reading
Manufacturers and distributors around the country are gearing up to comply with Minnesota’s Amara’s Law, which targets the use of intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) in consumer products. The first stage of Amara’s Law took effect in 2025 when eleven categories of new products sold in Minnesota, such as carpets, cookware, dental floss, … Continue Reading
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
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
Regulation of per- and polyfluoroalkyl substances (PFAS) in consumer products continues to accelerate across the United States at the state level. In addition to phase-outs and bans on certain consumer products containing PFAS, state regulators are turning to labeling requirements as a tool to drive transparency and liability. One notable recent development comes from New … Continue Reading
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
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
The Endangered Species Act (“ESA”) has seen a 99% success rate in protecting listed species since its inception in 1973. After celebrating its 52nd anniversary this year, there are diverging views about how to continue to advance this success while developing efficiencies in the decision-making process. Most recently, the US Fish and Wildlife Service (“USFWS”) … Continue Reading
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
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
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
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
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
Administrative agencies are in an era of reform. Since the US Supreme Court overturned Chevron deference, the scope of agency authority under the law has been uncertain. Simultaneously, the Trump administration has been pushing for increased efficiency within administrative agencies, issuing directives for streamlined decision making to promote the expansion of American industry. Perhaps surprising … Continue Reading
On June 5, 2025, the FDA issued draft guidance addressing frequently asked questions regarding the transfer or sale of a 510(k) clearance from one 510(k) holder to another. As transfer of 510(k)s is a common issue during transactions involving medical devices, this guidance, if finalized as written, will provide helpful insight regarding the FDA’s position … Continue Reading
After what has amounted to a multi-year rulemaking process, the California Office of Environmental Health Hazard Assessment (OEHHA) finalized amendments to the short-form warnings under Proposition 65 on December 6, 2024. The amendments (outlined in full here) require that short-form warnings include at least one chemical name, along with other options for safe harbor warning. … Continue Reading
Automotive manufacturers, regulators and consumers face considerable uncertainty on how the incoming Trump Administration will attempt to reshape the automotive industry when President Donald Trump returns to the White House on January 20, 2025. Significant changes are on the horizon, with President Trump’s major campaign themes, including protectionist trade policies and an “all of the … Continue Reading
As evidenced by the Department of Justice’s recent announcement of a US$2 million criminal fine assessed against the owners of the tanker P/S Dream as part of a guilty plea, violations of federal environmental laws governing vessel discharge can carry significant consequences. Stakeholders should take note that the EPA recently announced the final Vessel Incidental … Continue Reading
Keith Bradly, Squire Patton Boggs (US) LLP Partner and Co-Chair of the Appellate and Supreme Court Practice, authored an article for Bloomberg Law discussing the U.S. Supreme Court’s recent decision in SEC v. Jarkesy. The Court found that when the Securities Exchange Commission (SEC) seeks civil penalties for securities fraud, the Seventh Amendment affords a … Continue Reading
The U.S. Department of Labor’s Occupational Safety & Health Administration (OSHA) published its controversial final “walkaround” rule on April 1, 2024. The final rule clarifies the rights of employees to authorize a representative – employee or non-employee – to accompany an OSHA compliance officer (CSHO) during an inspection of their workplace. This can include a … Continue Reading
