Week of August 3

This was another week where the courts were as active as the regulators. Decisions involving EPA authority, climate liability, renewable energy development, and grid modernization continued to shape the legal and regulatory landscape, while states and regulators wrestled with the growing demand that AI and data centers are placing on the electric grid.

Appeals Court Limits EPA’s Clean Air Act Authority

The Ninth Circuit ruled that EPA exceeded its authority under the Clean Air Act when it approved portions of California’s air quality plans for the San Joaquin Valley. Relying in part on the Supreme Court’s decision in Loper Bright, the court held that EPA improperly created a feasibility-based exemption that was not authorized by the statute, underscoring the continued judicial scrutiny of agency interpretations of environmental laws. Read more: Ninth Circuit Opinion.

EPA Flags Additional Chemicals for Potential Regulation

EPA released draft risk evaluations concluding that two commonly used dichlorobenzene chemicals may present unreasonable risks to certain workers and consumers. If those findings are finalized, the agency would be required under TSCA to consider regulations aimed at reducing the identified risks. Read more: EPA Press Release.

Court Orders Resumption of Wind Project Reviews

A federal court ordered the Department of Defense to temporarily lift its freeze on reviewing wind energy projects for potential impacts on military operations. The ruling allows the review process to resume while litigation continues and could affect more than 100 projects that industry groups said were impacted by the freeze. Read more: District Court Opinion.

Texas Increases Scrutiny of Data Center Growth

Texas regulators have paused certain data center interconnection activities while state officials conduct a review of projects seeking access to the electric grid. The move reflects growing concern about the potential impacts of large data centers on grid reliability, transmission infrastructure, water use, and electricity costs as AI-driven demand continues to grow. Read more: Governor Abbott Press Release.

Supreme Court Takes Up Major Climate Liability Case

The U.S. Supreme Court announced that it will begin its next term with a case that could significantly affect state and local climate litigation against oil companies. The Court will review whether claims seeking to hold fossil fuel companies responsible for climate-related damage may proceed under state law, an issue with potentially significant implications for future climate litigation nationwide. Read more: SCOTUSblog Docket Page.

Court Upholds FERC’s Grid Interconnection Reform Rule

The D.C. Circuit upheld FERC’s landmark interconnection reform rule designed to address lengthy grid connection queues for new energy projects. The decision preserves reforms intended to speed project reviews, impose study deadlines, and reduce backlogs that have delayed the development of new generation resources. Read more: D.C. Circuit Opinion.

Week of July 27

From restricting exports of critical minerals, nuclear waste lifecycle plans, climate change liability, OSHA’s structure, and clean energy tax credits to leaf blowers and politically motivated grant cancellations, regulators and courts spent another busy week reshaping the environmental and energy landscape. Reach out to connect with me or to discuss these or any other environmental or energy topics of interest to you.

Critical Minerals Become a National Security Priority

President Trump signed an order authorizing the use of Defense Production Act authorities to restrict exports of certain industrial waste streams containing recoverable critical minerals and rare earth elements. The move is intended to support domestic recovery and recycling of strategic materials, strengthen U.S. supply chains, and reduce reliance on foreign sources of critical minerals. Read more: Executive Order 14415.

New York Climate Superfund Law Faces Major Legal Challenge

A federal court heard arguments in litigation challenging New York’s climate superfund law, which seeks to require large emitters to pay billions of dollars for climate-related damages. The case could become an important test of whether state climate accountability laws are preempted by federal law and may influence similar legislation being considered in other states. Read more: E&E News Article.

Connecticut Clean Water Act Case Rejects Climate-Based Liability Theory

In a closely watched Clean Water Act case, a federal court granted summary judgment on most claims asserted against a Connecticut petroleum terminal operator, including claims premised on climate-change-related stormwater planning obligations. The decision significantly narrowed the case and may provide guidance regarding attempts to expand environmental compliance obligations through novel climate-based legal theories. Read more: District Court Ruling and Order.

Energy Grant Dispute Raises Political Questions

Court filings in litigation involving canceled Department of Energy grants have fueled debate regarding the role of politics in federal energy funding decisions. In a recent filing, the Trump administration acknowledged that it canceled $7.6 billion in grants for hundreds of clean energy projects based solely on whether the state leaned Democrat in the 2024 presidential election. The dispute involves billions of dollars in clean energy and infrastructure funding and is likely to remain closely watched as challenges continue. Read more: Department of Energy’s Stipulations and Agreements.

Nuclear Waste Plan Tied to New Reactor Development

Five states have agreed to explore hosting nuclear lifecycle campuses that could include spent fuel management, fuel processing, advanced reactors, and related infrastructure. Supporters view the proposal as a potential path forward for addressing the nation’s long-standing nuclear waste challenges while advancing domestic nuclear energy development. Read more: Newsweek Article.

EPA Identifies Risks Associated with Industrial Solvent

EPA released a draft evaluation finding that certain worker uses of 1,1,2-trichloroethane may present unreasonable health risks. If the finding is finalized, EPA would be required under the Toxic Substances Control Act to consider future regulations designed to reduce worker exposure to the chemical. Read more: EPA Draft Risk Evaluation.

Federal Court Expands Potential Clean Air Act Liability for Air Agencies

A federal court in California held that citizens may pursue Clean Air Act claims against state and local air agencies for alleged failures to carry out certain State Implementation Plan obligations. Although the court did not rule on the merits of the claims, the decision could broaden litigation risks for air regulators and encourage additional citizen-suit challenges involving SIP implementation and enforcement activities. Read more: District Court Order Denying Motion to Dismiss.

OSHA Enforcement Structure Faces Constitutional Challenge

An Idaho lumber company is challenging OSHA’s administrative enforcement process, arguing that the system violates constitutional jury trial and due process rights. The case is part of a broad wave of challenges to federal administrative enforcement proceedings following recent Supreme Court decisions addressing agency authority and adjudication. Read more: Plaintiff’s Motion for Summary Judgement.

Court Upholds Local Ban on Gas-Powered Leaf Blowers

A federal court upheld a New Jersey ordinance prohibiting the use of gas-powered leaf blowers, rejecting arguments that the rule was preempted by the Clean Air Act. The decision highlights the continuing ability of states and municipalities to regulate certain local environmental and quality-of-life issues through their traditional police powers. Read more: District Court Opinion.

Week of July 20

This week’s stories highlight how regulators, courts, industry groups, and policymakers are grappling with grid reliability, environmental compliance, workplace safety, and emerging technologies. Whether you are evaluating data center projects, navigating environmental permitting issues, assessing workplace health and safety obligations, or following evolving energy infrastructure policies, I would be happy to discuss these topics and their potential implications for your business or projects. Please feel free to reach out if you would like to connect.

Lawmakers Focus on Who Pays for Data Center Growth

A bipartisan House committee advanced legislation that would encourage states to require large data center operators to bear the costs they impose on electric systems rather than shift those costs to ratepayers. The proposal reflects growing concern over the impacts of AI-driven electricity demand on utility bills, grid reliability, and local communities. Read more: Energy & Commerce Committee Press Release.

Senate Proposal Seeks Faster Grid Interconnections

New legislation introduced in the Senate would create a streamlined “connect and manage” approach for certain power generation projects that agree to limit their output to avoid costly grid upgrades. Supporters argue the approach could reduce lengthy interconnection delays and bring new energy resources online more quickly. Read more: Senate Bill 5008.

Fifth Circuit Limits OSHA Authority Over Mental Illness Recordkeeping

The U.S. Court of Appeals for the Fifth Circuit vacated an OSHA regulation requiring employers to record certain work-related mental illness diagnoses. The court concluded that OSHA lacked clear congressional authorization to regulate mental illness through its recordkeeping requirements, continuing a broader trend of courts closely examining agency authority. Read more: Fifth Circuit Decision.

Court Orders EPA to Move Forward with Soot Pollution Designations

A federal court ordered EPA to identify areas that fail to meet stricter PM2.5 (fine particulate matter) standards finalized during the Biden administration. The ruling requires EPA to proceed with Clean Air Act implementation efforts that had been delayed and could have significant implications for states and regulated facilities located in future nonattainment areas. Read more: Court’s Decision.

Trump Calls for Review of Judicial Science Reference Manual

President Trump has called for a review of the National Academy of Sciences’ Reference Manual on Scientific Evidence, a longstanding resource used by federal judges in cases involving scientific and technical issues. The request follows criticism of the manual’s treatment of climate science and highlights the ongoing debate over the role of scientific expertise in environmental litigation. Read more: Courthouse News Service Article.

FERC Targets Data Center Reliability Risks

FERC directed the North American Electric Reliability Corporation (NERC) to develop new reliability standards addressing large computational loads, including data centers. The order reflects growing concern that rapidly increasing power demand from data centers could create reliability challenges for the bulk electric system if not properly managed. Read more: NERC Press Release.

Federal Government Explores Offshore Nuclear Power

The Trump administration announced a new effort to evaluate whether nuclear power facilities could someday be deployed in federal ocean waters. The initiative includes coordination between federal agencies and comes alongside broader efforts to explore small modular reactors and other advanced nuclear technologies for maritime applications. Read more: DOI Press Release.

Industry Groups Seek Unified Chemical Safety Rules

A coalition of more than 75 trade associations asked EPA, OSHA, and OMB to coordinate workplace chemical safety requirements. The groups argue that overlapping EPA and OSHA regulations create inconsistent compliance obligations and are advocating for a more unified federal framework. Read more: Letter to EPA, OSHA, and OMB.

Week of July 13, 2026

As most of us were distracted by wildfire smoke, the World Cup, and avoiding lettuce, there were still a few interesting environmental and energy stories that caught our attention last week.

New York Pauses Permitting for New Large Data Centers

New York became the first state to impose a moratorium on new hyperscale data centers, with Governor Kathy Hochul announcing a pause of up to one year on environmental permits for large facilities using 50 megawatts or more of power. State officials say the pause is intended to provide time to evaluate the impacts of data centers on electricity demand, water resources, air quality, and utility costs, while developing a longer-term regulatory framework for AI-driven infrastructure growth. Read more: Governor Hochul Press Release.

Environmental Groups Challenge ESA “Harm” Rollback

As expected, just days after the Trump administration finalized its repeal of the Endangered Species Act’s longstanding definition of “harm,” thirteen environmental and tribal groups filed lawsuits in federal courts in California and Washington seeking to overturn the rule. The plaintiffs argue that eliminating habitat destruction from the definition of “harm” violates the Endangered Species Act, the National Environmental Policy Act, and the Administrative Procedure Act, setting up what is likely to be a closely watched legal battle over the future scope of ESA protections. Read more: S&P Global Article.

New Jersey Supreme Court Takes Up Environmental Justice Challenge

The New Jersey Supreme Court agreed to hear a challenge to the state’s environmental justice regulations brought by labor and industry groups. The case focuses on whether the regulations exceed the authority granted by New Jersey’s Environmental Justice Law, which requires certain facilities seeking permits to evaluate environmental and public health impacts on overburdened communities and identify mitigation measures. Read more: Court’s Order Granting Petition.

Week of July 6, 2026

As summer moves into full swing, federal and state regulators continue to reshape key areas of energy infrastructure, environmental compliance, and climate policy. Below are several developments that caught my attention this week.

Whether you are navigating PFAS compliance obligations, tracking permitting and infrastructure developments, evaluating energy transition issues, or assessing how evolving federal and state regulations may affect your business or projects, I would be happy to discuss these topics and their potential implications. Please feel free to reach out if you would like to connect.

Trump Administration Narrows ESA “Harm” Definition

The Trump administration finalized a rollback of the Endangered Species Act’s (ESA) long-standing definition of “harm,” removing habitat modification and degradation from activities that may trigger ESA liability unless direct physical harm to protected species occurs. Supporters argue the change will reduce permitting burdens and protect property rights, while environmental groups have already indicated they intend to challenge the rule in court. Read more: DOE’s Press Release.

EPA Proposes to Roll Back Heavy-Duty Vehicle Emissions Requirements

EPA has proposed revisions to federal emissions standards for new heavy-duty vehicles, including buses, garbage trucks, and tractor-trailers. The proposal would scale back certain warranty requirements and delay implementation of updated emissions compliance periods, continuing the Trump administration’s broader review of prior vehicle emissions regulations. Public comment period ends August 29, 2026. Read More: EPA’s Proposed Rule Webpage.

DOE Warns Growing Electricity Demand Is Straining the Grid

A draft study from the DOE found that rapid growth in data centers, AI adoption, domestic manufacturing, electrification, and other large loads is placing increasing strain on the nation’s electric grid. The report identifies significant transmission needs across several regions and underscores the growing importance of transmission expansion and grid modernization efforts. Read more: DOE’s Reliability Webpage.

Connecticut’s PFAS Product Labeling and Reporting Requirements Take Effect

Connecticut’s PFAS-in-products law reached a major milestone on July 1, with manufacturer reporting, notification, fee, and labeling requirements now in effect for a broad range of consumer products containing intentionally added PFAS. The law creates new compliance obligations for manufacturers today and sets the stage for a broader ban on many covered PFAS-containing products beginning in 2028. Read more: CTDEEP PFAS in Products Program.

FERC Targets Faster Grid Connections for Data Centers and Other Large Loads

FERC directed all six regional grid operators to justify or revise the tariffs governing how data centers, manufacturing facilities, and other large energy users connect to the grid. The initiative is designed to accelerate large-load integration while addressing reliability, cost allocation, and transmission planning challenges associated with rapidly growing electricity demand. Read more: FERC Press Release

Second Circuit Upholds New York’s Building Electrification Law

The U.S. Court of Appeals for the Second Circuit upheld New York laws that effectively prohibit fossil fuel-burning appliances in new construction. The ruling creates a split with the Ninth Circuit’s earlier decision involving Berkeley, California, increasing the likelihood that the issue could eventually be reviewed by the U.S. Supreme Court. Read more: June 30, 2026 Decision.

New York Files PFAS Lawsuit Against Chemical Manufacturers

New York filed suit against major chemical manufacturers, including 3M, DuPont, and Corteva, alleging that the companies failed to disclose the health and environmental risks associated with PFAS in consumer products. The state is seeking cleanup costs, financial penalties, and product warnings, highlighting the continued expansion of PFAS-related litigation nationwide. Read more: NY Attorney General Press Release.

This post kicks off a new series that we hope to put out every Monday. The goal is to highlight a few notable environmental and energy stories from the past week that we found interesting and that you may have missed. As you will see below, this is truly meant to highlight the story with a high-level summary, while providing you with a link to source material

Week of June 29, 2026

While most of us were busy clearing our desks ahead of the long Fourth of July weekend, there were several noteworthy environmental and energy stories, many of them continuing the Trump administration’s push toward permitting reform, deregulation, and energy development.

These are just a few of the environmental and energy news stories that caught my attention this week. If you’d like to discuss any of these topics, or other emerging environmental or energy regulatory, permitting, or trends, feel free to reach out. I would be happy to connect.

EPA Looks to Streamline Air Permitting

EPA has proposed eliminating federal public notice and comment requirements for certain minor-source air permits, arguing that the change would speed permitting and give more authority to state and local agencies. Supporters see it as a permitting efficiency measure, while critics raise concerns about reduced public participation. Read more: EPA’s July 1, 2026 Press Release.

EPA Eases Timing for Emission Offset Requirements

EPA also issued guidance allowing permits for major new industrial facilities to be issued before required emissions offsets are secured, provided facilities cannot begin operating until offsets are obtained. The agency says the move reduces permitting delays while maintaining Clean Air Act protections. Read more: EPA’s July 1, 2026 Guidance.

EPA Revisits PFAS Biosolids Policy

EPA released draft guidance on managing PFOA and PFOS in biosolids, signaling a departure from a prior risk assessment that suggested significant health concerns. The proposal is likely to reignite the debate over how to balance PFAS risk management, agricultural reuse of biosolids, and wastewater utility operations. Read more: EPA’s June 29, 2026 Draft Guidance Memorandum.

EPA’s 2026 Regulatory Agenda Takes Shape

EPA’s latest regulatory agenda confirms the agency will continue working through a broad set of deregulatory initiatives, including permitting reforms, PFAS rule revisions, vehicle emissions standards, and energy-sector regulations. The agenda offers an early look at key environmental policy issues likely to dominate the remainder of 2026. Read more: EPA’s 2026 Regulatory Agenda.

NRC Targets Longstanding Radiation Guidance

The Nuclear Regulatory Commission announced plans to replace its decades-old “ALARA” (as low as (is) reasonably achievable) radiation guidance with a framework focused on existing federal dose limits. The proposal is intended to simplify regulation and support new nuclear technologies, though critics argue it could weaken longstanding worker protections. Read more: NRC’s July 1, 2026 Press Release.

This is the tenth in a series of blog posts discussing key features of Connecticut’s new release-based cleanup regulations (the “RBCRs”), R.C.S.A. § 22a-134tt-1 et seq. 

At long last, the RBCRs are here! With a March 1, 2026, effective date, the RBCRs are now live. In this post, we will provide a brief refresher on what that means and share where things stand in in the first week of March as the regulations are just taking effect.

Where Things Stand

As of March 1, the law has changed in several important ways, including:

  • New transfers of businesses and real property no longer trigger the Transfer Act.  Transfers of businesses and real property after March 1, 2026, no longer trigger the Transfer Act. That said, Transfer Act “certifying parties” that have not yet finished their work will be required to finish site-wide investigation and remediation under the Transfer Act. An information sheet available on DEEP’s website provides additional detail on the interplay of the Transfer Act and RBCRs.
  • Identification of contamination can lead to the “discovery” of a pre-existing release, and trigger obligations to investigate and remediate it.  As we discussed an earlier post, the “discovery” of a pre-existing release can occur through environmental sampling or the observation of “multiple lines of evidence” that a release has occurred. DEEP has now provided a guidance document explaining when a release can be discovered through multiple lines of evidence.
  • New releases are still reported under the March 2022 spill reporting regulations, and response can sometimes be managed by Permitted Environmental Professionals (PEPs).  As discussed in a prior post regulations were promulgated in March of 2022 (R.C.S.A. § 22a-450-1 et seq.) that require reporting of certain new releases. Those regulations remain in effect.  Now, after such releases are reported, certain immediate actions are required (as discussed previously) and some of those response actions can be managed by PEPs.

What’s New

In the last few weeks DEEP has provided a number of training sessions on various aspects of the RBCRs.  Information on training sessions, and an opportunity to sign up, are available on DEEP’s website. 

DEEP has also recently released its long-awaited Release, Environmental Assessment and Cleanup Tracker or REACT database.  The REACT database provides a wealth of information on remediation sites statewide, and it will become more detailed over time as it is populated with new submittals under the RBCRs and other programs. 

What Happens Next

In the coming weeks, we expect DEEP to continue to release additional guidance and other information on the RBCRs. The working group convened under Public Act 20-09 had its last meeting on February 26, but a new working group will be convened soon to advise DEEP on the implementation of the RBCRs. 

As the RBCRs are implemented, please stay tuned to the Environmental Law + blog as we continue to share updates and insight.

Echoing recent rulings from the District Court for the District of Columbia, on January 16, 2026, the District Court for the Eastern District of Virginia granted Dominion Energy’s request for a preliminary injunction, lifting the Trump administration’s suspension of the Coastal Virginia Offshore Wind project. Earlier that same week, two other judges in same district  granted similar requests made by Equinor for its Empire Wind project and Ørsted for its Revolution Wind project. Work on the three projects has resumed and, in the case of Revolution Wind, construction is nearing completion.

The three developers successfully argued that the work stoppages would result in imminent and irreparable harm. Justice Department officials countered by claiming that the national security concerns that putatively justified the December 2025 stop work orders outweighed the developers’ economic interests. Thus far, reviewing courts have held that those security concerns, which allege a generalized risk of interference with radar systems, have not been sufficiently articulated. 

While the preliminary injunctions allow the projects to continue, the cases will continue to be litigated on their merits. Concerning the remaining two projects subject to the stop work order, Vineyard Wind is challenging the stop work order in Massachusetts federal court and Sunrise Wind filed for an injunction in the District of Columbia. 

In response to the Trump administration’s latest suspension of offshore wind development, three of the five affected developers have filed lawsuits in federal court seeking to overturn the stop work orders: Dominion Energy on behalf of its Coastal Virginia Offshore Wind project; Ørsted on behalf of its Revolution Wind project; and Equinor on behalf of its Empire Wind project. All three projects are under construction, with Revolution Wind nearly 90% complete and Empire Wind over 60% complete. Consistent with prior legal actions opposing the administration’s efforts to halt offshore wind development, the complaints allege that the Department of the Interior’s (DOI) order of December 22, 2025 (which the plaintiffs claim is costing them millions of dollars for each day the projects are on hold), is illegal and that the DOI’s alleged national security justification for the orders is baseless and pretextual. The developers are backed by the Attorneys General of Connecticut and Rhode Island, who filed their own actions to block the shutdowns. Those cases are now consolidated in the U.S. District Court for the District of Columbia.

To date, federal courts have been receptive to arguments raised by both developers and the states that are relying on offshore generation. Ørsted successfully brought suit in the District of Columbia challenging the DOI’s prior efforts to block Revolution Wind, and on December 8, 2025, a federal court in Massachusetts ruled that the administration’s blanket ban on permit application review of wind projects was illegal. Ørsted’s prior action in the District of Columbia was heard by Judge Royce Lamberth, who will preside over the newly consolidated cases.  An initial hearing is scheduled for Monday, January 12, 2026.

This is the ninth in a series of blog posts discussing key features of Connecticut’s new release-based cleanup regulations (the “RBCRs”), R.C.S.A. § 22a-134tt-1 et seq. 

The final task in the remediation process is documenting that remediation is complete, and no further action is required. This post discusses the documentation requirements under the RBCRs, and how they differ from documentation requirements under the Transfer Act.

Verification Under the Transfer Act

First, a review of current procedures under the Connecticut Transfer Act will set the stage. The Transfer Act requires a site-wide investigation and remediation effort. Through this process, all “areas of concern” where a release occurred or may have occurred are investigated and, if needed, remediated. When that is done, a Licensed Environmental Professional, or LEP, prepares a document called a Verification. Typically, the Verification attests that the entire parcel has been investigated in accordance with prevailing standards and guidelines, and that the establishment has been remediated in accordance with the remediation standards. When work is complete at a specific geographic portion of the site (but remains underway at other portions) an LEP can prepare a Verification for just the completed portion of the site and save the remainder of the site for later Verifications. Ultimately, efforts at all portions of the Transfer Act establishment parcel must be closed through Verification reports.

After the Verification is submitted, the Connecticut Department of Energy and Environmental Protection (DEEP) may initiate an audit of the Verification within one year after it is submitted. If there is no audit, or if DEEP is satisfied after the audit, then the Verification stands and the Transfer Act process is complete. 

Release Remediation Closure Reports

In contrast to the Transfer Act, the RBCRs do not require a site-wide effort. Instead, the RBCRs require that releases be investigated and remediated as they are discovered (see our prior post on Discovery of an Existing Release). Consequently, documentation will be developed and submitted on a release-by-release basis. 

Under the RBCRs, documentation that a release has been remediated to the extent required will be provided in a “release remediation closure report.” The RBCRs provide a list of the information the release remediation closure report must include, and further detail is provided in the companion blog post. Release remediation closure reports may be prepared by either a LEP or, for less-impactful releases, a Permitted Environmental Professional or PEP. We discussed PEPs in a prior blog post on Immediate Actions.

Release remediation closure reports, and other records (like the tier checklist form discussed in a prior post on Oversight Tiers), will be subject to audit by DEEP, as Verifications are now. The audit process will look a little different under the RBCRs, however. Under the Transfer Act, DEEP audits the final Verification report submitted at the end of the remediation process. DEEP does not audit interim documents like Completion of Investigation reports, although the audit of the final Verification may bring to light issues with those interim documents. By contrast, under the RBCRs, DEEP can audit the release remediation closure report and any other reports required to be signed off by an LEP or certified by a PEP. In other words, interim documents like tier checklists can be audited.

In another change from the Transfer Act, the RBCRs set forth different levels of DEEP review and audit.

  • A screening audit is an administrative review by DEEP performed within 180 days after a release record (like a release remediation closure report, tier checklist, or other document) is submitted. This screening audit may commence and be conducted without notice to the LEP, PEP, or other responsible party.  DEEP may reject a release record after a screening audit and notify the LEP, PEP, or other responsible party that a new release record is required.
  • A focused audit is the review of a single release record and may address the entire record or focus on specific areas.  These may be selected at random or identified through screening audits. Notice is provided, which must include identification of additional information necessary for DEEP to determine compliance. A focused audit may result in acceptance of the release record, the order for a more detailed full audit, or outright rejection of the release record.
  • A full audit is a review of several or all of the release records associated with a release. This also involves notice and identification of additional information needed. Such a full audit can result in DEEP rejecting one or more of the release records and requiring resubmission.

Transfer Act Sites After March 1, 2026

For sites that are enrolled in the Transfer Act before March 1, 2026, the site-wide investigation and remediation process discussed above will still be required after March 1. As noted above, Transfer Act Verifications typically apply to the entire parcel, but Verifications may be filed for a portion of the parcel if that portion has been fully investigated and remediated. A statutory change in the 2025 legislative session broadens this “portion verification” concept to permit remediation of a Transfer Act site to be documented in a release-by-release manner.

Public Act 25-54 provides that any Certifying Party (i.e., the person responsible for completing work on a Transfer Act site) may complete site-wide investigation as required under the Transfer Act and submit to DEEP a report that catalogues each release identified by such site-wide investigation. Once all releases at a site have been catalogued, they can be closed one by one through submission of release remediation closure reports. After all releases have been closed, the Certifying Party may then request from DEEP a letter confirming that all releases have been closed and that Transfer Act work is complete. While this pathway may not be of interest to all Certifying Parties, it might be useful at sites with multiple Certifying Parties who want to more clearly define which party is working on which release areas.