Week of September 7
As the calendar turns toward fall, last week’s environmental and energy headlines reflected both familiar trends and a few surprises. Data centers, grid infrastructure, nuclear energy, permitting disputes, and environmental regulation all remained in the spotlight. At the same time, I came across a particularly intriguing research project involving discarded oyster shells and rare earth metals. While still in its early stages, the concept is a fascinating example of how innovative thinking may one day help address both waste management and water quality challenges.
Transportation Corridors Could Become the Next Energy Superhighways
Federal policymakers are increasingly exploring whether existing highway and railroad rights-of-way can be used to accelerate deployment of transmission lines, broadband infrastructure, water pipelines, and other utility projects. Several initiatives are focused on leveraging existing transportation corridors to reduce siting conflicts, streamlining permitting, and helping meet growing electricity and communications demand driven by artificial intelligence, manufacturing, and economic development. Read more: Secretary Duffy’s Op-Ed.
Massachusetts Establishes New Data Center Development Framework
Massachusetts adopted a comprehensive statewide framework governing large-scale data center development. The new requirements focus on grid impacts, community benefits, environmental performance, water use, and local engagement, reflecting growing state-level attention to the infrastructure demands and community impacts associated with large data center projects. Read more: Governor Healy Press Release.
Oyster Shells Show Promise for Cleaning Contaminated Water
Researchers in Ireland found that crushed oyster, mussel, and cockle shells may be capable of removing rare earth metals from contaminated water while simultaneously recovering those materials in solid form. The process is still in the research phase and requires further testing, but the concept is particularly interesting because it could potentially transform an abundant waste product into a low-cost tool for addressing water contamination and resource recovery. Read more: Economic Times.
States Challenge Endangered Species Act Rollbacks
A coalition of states filed lawsuits seeking to overturn several recent Endangered Species Act regulatory changes. Among other issues, the lawsuits challenge revisions to the definition of “harm” and other protections, setting up what is likely to become another significant legal battle over the future scope of federal endangered species regulation. See, e.g., Mass. v. U.S. Fish & Wildlife Service, No. 4:26-cv-10072 (N.D. Cal. filed Sept. 9, 2026) and California v. Burgum, No. 3:26-cv-10071 (N.D. Cal. filed Sept. 9, 2026). Read more: Connecticut AG Press Release.
EPA Removes Scope 3 Emissions Guidance
EPA removed several online resources related to measuring and reporting Scope 3 greenhouse gas emissions. The action is part of the Trump administration’s broader effort to reconsider climate-related policies and guidance and may create additional uncertainty for companies that have relied on federal resources to evaluate supply-chain emissions. Read more: Supply Chain Brain.
Energy Credit Dispute Sparks Interstate Lawsuit
West Virginia filed suit challenging Pennsylvania’s restrictions on certain energy credit markets, arguing that the state’s program improperly favors in-state energy producers. The lawsuit raises Commerce Clause questions and highlights the continued tension between state clean energy programs and regional electricity markets. See West Virginia ex rel. McCuskey v. Pennsylvania Public Utility Comm., No. 3:26-cv-02527-KM (M.D. Pa. filed Sept. 3, 2026). Read more: The Center Square.
Appeals Court Vacates Pipeline Water Permit
The Third Circuit vacated a key water quality certification for the proposed Northeast Supply Enhancement natural gas pipeline project, concluding that New Jersey regulators did not adequately explain their decision to approve the permit. The ruling sends the matter back for further review and creates another hurdle for a project intended to expand natural gas supplies in the Northeast. See NRDC v. NJDEP, Nos. 26-1252 & 26-1253 (3d Cir. Sept. 8, 2026). Read more: Reuters.
Federal Government Supports Nuclear Plant Restart
The Department of Energy announced up to $1.9 billion in financing to support the restart of a shuttered nuclear power plant in Iowa. The project forms part of a broader federal effort to expand nuclear generation and address growing electricity demand associated with electrification, manufacturing growth, and AI-driven data center development. Read more: DOE Press Release.
These are just a few of the environmental and energy developments that caught my attention last week. I would be happy to discuss these topics and their potential implications for your business or projects.
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