Week of October 12

This week’s environmental and energy stories offered an interesting mix of familiar regulatory disputes and emerging questions about how new technologies and infrastructure are being managed. From drone deliveries and nuclear decommissioning to greenhouse gas reporting, regional energy markets, and the potential reuse of data center waste heat, there was no shortage of developments worth watching.

Interest Grows into FAA’s Review for Drone Package Delivery

Following a suit filed by a coalition of 15 states and Harris County, Texas, several legislators are now seeking more information on the FAA’s nationwide environmental review for commercial drone package delivery operations. Opponents contend that a nationwide approach may not adequately account for location-specific impacts involving noise, wildlife, batteries and fire risks, hazardous materials, and other concerns associated with potentially high-volume drone operations. Read more: U.S. News.

Second Circuit Weighs New York’s Nuclear Wastewater Discharge Ban

The U.S. Court of Appeals for the Second Circuit heard arguments last week concerning  whether federal nuclear law preempts New York’s prohibition on discharging radioactive wastewater from the decommissioned Indian Point nuclear power plant into the Hudson River. Holtec, Int’l v. New York, Docket #25-2657 (2d. Cir. argued Oct. 15, 2026). The case raises broad questions about the extent of state authority over activities associated with federally regulated nuclear plant decommissioning. Read more: Bloomberg Law.

EPA Again Extends Greenhouse Gas Reporting Deadline

EPA extended the Reporting Year 2025 deadline under its Greenhouse Gas Reporting Program from October 30, 2026, to March 10, 2027. The extension gives covered facilities additional time to prepare their reports while EPA continues its broader reconsideration of the reporting program but does not itself eliminate existing reporting obligations. Read more: U.S. EPA Rulemaking.

Utilities Challenge Maine’s Regional Grid Operator Law

Two Maine utilities filed suit in federal court challenging a state law requiring utilities to participate in regional transmission organizations. Central Maine Power Company et al v. Bartlett et al, Docket No. 1:26-cv-00518 (D. Me. filed Oct. 9, 2026). The utilities argue that the requirement conflicts with FERC’s authority over interstate transmission rates and terms, setting up another dispute over the line between state and federal authority in regional energy markets. Read more: News Center Maine.

Could Data Center Waste Heat Be Stored for Winter?

As policymakers continue to focus on the energy and water demands of data centers, researchers are exploring whether waste heat generated by servers could be stored underground during warmer months and recovered to heat nearby buildings during winter. The concept is already being used on a smaller scale and presents an interesting example of how data center infrastructure might potentially be designed to capture value from energy that would otherwise be wasted. Read more: The Conversation.

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.

Please feel free to reach out if you would like to connect and subscribe to the ELP Blog!

Any employer whose workforce handles hazardous chemicals has a hard date on the calendar: November 20, 2026. That is when the employer-facing obligations of OSHA’s overhauled Hazard Communication Standard, 29 C.F.R. § 1910.1200, come due for chemical substances. The overhaul itself dates to May 2024, when OSHA conformed the rule to Revision 7 of the UN’s Globally Harmonized System, and the agency pushed the employer deadline back roughly four months in a January 2026 final rule so it could finish its guidance materials. That cushion is spent. Employers who treated the extension as breathing room rather than build time will now be doing a year’s worth of label, program, and training work in about five weeks.

The architecture of HazCom did not change, but enough underneath it did to make a document-by-document review unavoidable. OSHA added desensitized explosives as a hazard class, reworked the classification criteria for skin and eye effects and for flammable gases and aerosols, and wrote new labeling rules for containers under 100 milliliters (the squeeze bottles, vials, and sample containers that tend to be handled informally on a shop floor). Classification now also has to account for uses a manufacturer can reasonably anticipate downstream, not merely the use it intends, which means a chemical your facility has bought unchanged for a decade can arrive this year carrying a hazard profile it did not have before.

Separately, the rule loosened trade-secret treatment of certain concentration data, so some safety data sheets will disclose ranges rather than figures. The upstream half of this sequence has already run: substance evaluations, labels, and SDS updates from manufacturers, importers, and distributors were due May 19, 2026. The paperwork that drives your compliance work could already be sitting in your receiving records.

Enforcement exposure here is not theoretical. HazCom finished second on OSHA’s Top 10 Most Cited Standards list for fiscal year 2026 (behind only fall protection, with nearly 2,000 violations logged), and it has been a fixture on the list for years. Serious violations currently run up to $16,550 apiece and willful or repeat violations up to $165,514. The multiplier problem is what should worry employers with large inventories: an inspector walking a facility with hundreds of containers and a stale written program does not write one citation, and an outdated training record could be an instance-by-instance exposure rather than a single lapse. Employers in state-plan jurisdictions have an additional wrinkle, because state agencies are not obliged to track the federal schedule and may have adopted different dates or requirements.

Finally, do not let November 20 obscure the fact that this is a staged rollout. The deadline arriving next month covers substances only. Mixtures follow on their own track. Manufacturers, importers, and distributors have until November 19, 2027, and employers have until May 19, 2028, to finish the corresponding label, program, and training updates. Most workplace inventories are heavily weighted toward mixtures, so for many employers the larger project is the one that is still eighteen months out. But instead of putting that off any further, employers could treat the current sprint as the pilot run for a process they will repeat in 2028, and to document it accordingly.

Action Items Covered Employers May Wish to Consider

  1. Inventory and reconcile SDSs. Confirm that suppliers delivered revised substance SDSs after the May 19, 2026, upstream deadline, and chase anything missing in writing. The request itself can be useful evidence of a good-faith effort.
  2. Flag what actually changed. Compare new SDSs against your prior versions and isolate the substances with newly identified physical or health hazards. Those drive everything else; unchanged substances are unlikely to require reworking.
  3. Update alternative workplace labels. Any in-house labeling system, such as tanks, transfer containers, secondary containers, batch tags, must carry current classifications, signal words, pictograms, and precautionary statements. Check small containers against the new sub-100 mL provisions.
  4. Revise the written HazCom program. It must describe what your facility actually does now, including updated classification and labeling procedures, SDS access, and the person responsible for each element.
  5. Deliver and document training before November 20. Cover newly identified hazards, changed label elements, and the revised SDS presentation. Keep attendance records, dated materials, and comprehension checks.
  6. Verify your state-plan deadlines. If you operate in a state-plan jurisdiction, confirm whether the state adopted the federal extension or set its own date and requirements.
  7. Open the mixtures file now. Build a separate tracker for the November 19, 2027, and May 19, 2028, mixture deadlines while the substance work is fresh.
  8. Check downstream-use exposure if you manufacture or distribute. If your facility ships chemicals, reassess whether your classifications reflect uses you can reasonably anticipate, not just intended uses.
  9. Preserve a compliance file. Dated SDS requests, label change logs, program revision history, and training rosters could convert a diligent effort into a defensible one during an inspection.

Week of October 5, 2026

From AI-powered permitting and evolving federal permitting reforms to the continued resurgence of nuclear energy and new legal battles over fuel economy standards, this week offered another reminder that energy and environmental policy remain deeply intertwined with technology, infrastructure, and regulatory certainty. Here are a few developments that caught my attention and may be worth watching in the weeks ahead.

EPA Looks to AI to Streamline Permitting

EPA announced plans to continue developing artificial intelligence tools aimed at improving agency efficiency, including evaluating whether AI can help connect air and water permitting systems and identify overlapping requirements. The agency also intends to explore ways to reduce permitting timelines, costs, and uncertainty while improving consistency across federal, state, tribal, and local permitting programs. Read more: EPA’s “Evidence Plan.”

Google Doubles Down on Nuclear Power

Google and Constellation Energy announced a long-term agreement that will support nearly 900 megawatts of additional nuclear generation capacity through upgrades at existing reactors. The deal reflects a growing trend of major technology companies turning to nuclear energy to help meet increasing electricity demands driven by data centers and artificial intelligence while maintaining carbon-free power supplies. Read more: Yahoo Finance.

Senate Permitting Proposal Seeks Greater Project Certainty

A bipartisan Senate permitting package includes provisions designed to make it more difficult for future administrations to revoke or alter permits that have already been issued. The proposal would allow developers to seek reinstatement of permits and, in some cases, recover substantial project costs if permits are improperly withdrawn, potentially reducing investment risk and permitting uncertainty for major infrastructure and energy projects. Read more: Smart Cities Dive or the Bipartisan Policy Center for a more in-depth review of the legislation.

Supreme Court Considers Federal Environmental Review Requirements

The U.S. Supreme Court recently heard arguments in a case examining how federal agencies must navigate potentially overlapping environmental review obligations under NEPA and RCRA. Dep’t of the Air Force v. Prutehi Guahan,  Docket No. 25-579. The dispute could have broad implications for federal permitting processes and the relationship between federal agencies and state regulators, particularly regarding when permitting decisions become subject to judicial review. Read more: SCOTUS Blog.

Challenges Filed Against Federal Fuel Economy Rollback

Coalitions of states, cities, and environmental organizations filed lawsuits challenging the Trump administration’s revised federal fuel economy standards. New York et al v. EPA, U.S. Court of Appeals for the D.C. Circuit, Docket No. 26-1259. The cases center on whether the National Highway Traffic Safety Administration properly interpreted its statutory obligations when it reduced long-term fuel efficiency targets and weighed considerations such as electric vehicle adoption and consumer costs. Read more: Michigan Attorney General Press Release.

Water Affordability Continues to Draw Attention

A new study found that average U.S. household drinking water costs have increased 62% over the last decade, significantly outpacing inflation and household income growth. The findings have renewed discussions about aging infrastructure, regulatory compliance costs, affordability concerns, and how communities will finance future water system investments. Read more: The Guardian.

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.

Please feel free to reach out if you would like to connect and subscribe to the ELP Blog!

Week of September 28

The environmental and energy world finished September much the same way it spent most of 2026: debating how to balance environmental protection and economic growth. This week’s stories spanned climate litigation, PFAS regulation, electric grid modernization, workplace safety, and federal efforts to reevaluate environmental review and transportation policies.

Supreme Court to Hear Major Climate Liability Case

On October 5, 2026, the U.S. Supreme Court is set to consider whether a Colorado lawsuit seeking to hold energy companies financially responsible for climate change impacts may proceed under state law (Docket No. 25-170). Because similar climate-liability suits are pending across the country, the Court’s decision could have significant implications for future efforts to recover climate-related damages from fossil fuel producers. Read more: SCOTUSblog.

Administration Rolls Back Federal Fuel Economy Standards

The Trump administration finalized a significant reduction in federal automobile fuel economy requirements, lowering future fleet-wide efficiency expectations from prior Biden-era levels. Supporters argue the changes will help reduce vehicle costs and better align standards with market realities, while critics contend that consumers may ultimately face higher fuel costs and increased emissions. Read more: The Hill.

FCC Narrows Environmental Review Requirements for Broadband Projects

The Federal Communications Commission voted to significantly reduce the number of broadband projects subject to environmental review under the National Environmental Policy Act. The agency stated that the changes are intended to reduce delays and compliance costs associated with communications infrastructure deployment, while critics expressed concerns regarding the loss of environmental review protections (Modernizing the Commission’s National Environmental Policy Act Rules, WT Docket No. 25-217, Report and Order and Further Notice of Proposed Rulemaking, FCC 26-64 (rel. Oct. 1, 2026). Read more: Broadband Breakfast.

OSHA Encourages Workplace Preparedness for Opioid Overdoses

OSHA released a fact sheet encouraging employers to consider maintaining opioid overdose reversal medications in the workplace and providing guidance on training, storage, emergency response, and overdose recognition. The publication reflects growing attention to opioid-related workplace safety issues and available harm-reduction measures. Read more: OSHA.

PFAS Regulation Faces Both Expansion and Judicial Pushback

Federal lawmakers reintroduced legislation that would prohibit the intentional use of PFAS in food packaging, continuing efforts to establish a nationwide standard in an area where many states have already acted. At the same time, a federal court temporarily blocked New Mexico’s expansive PFAS product-labeling requirements, finding that challengers were likely to succeed on certain constitutional claims (American Chemistry Council et al. v. Kenney, No. 1:26-cv-02130-MIS-SCY (D.N.M. Sept. 16, 2026)). Read more: Packaging Dive and Manufacturing Dive.

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.

Please feel free to reach out if you would like to connect and subscribe to the ELP Blog!

Week of September 21

As September winds down, a familiar theme continues to emerge across the environmental and energy landscape: the challenge of balancing growing energy demand with reliability, affordability, and environmental protection. This week’s developments focused heavily on data centers, duck curves (grid impacts), PFAS, renewable energy policy, and the increasingly important role courts are being asked to play in shaping federal energy and environmental programs.

New England’s Solar Growth Reaches Another Milestone

New England recorded its 500th “duck curve” day, a milestone illustrating how dramatically behind-the-meter solar generation is reshaping electricity demand patterns. Grid operators report that midday demand is increasingly falling below overnight levels as rooftop and distributed solar generation continue to grow throughout the region. Read more: ISO Newswire.

Data Centers Face Growing Regulatory Scrutiny

Data centers remained a dominant environmental and energy story this week. Texas halted state permitting for data center projects while regulators evaluate impacts on electric reliability, water resources, and infrastructure costs. Meanwhile, New Jersey imposed a record $1.07 million penalty against a major AI data center for operating dozens of natural gas generators without required air permits. Read more: Governor Abott Press Release and The Guardian.

Courts Continue to Push Back on Solar Funding Cancellations

A federal court ruled that EPA acted unlawfully when it rescinded funding associated with the Solar for All program (Harris Cnty. v. U.S. Env’t Prot. Agency, No. 25-cv-3646 (TSC), slip op. (D.D.C. Sept. 22, 2026)). The decision adds to a growing list of judicial setbacks facing efforts to terminate previously awarded clean energy and climate-related funding and suggests additional litigation over federal grant programs is likely to continue. Read more: Reuters.

Offshore Wind Lease Deals Trigger State Lawsuits

A coalition of states filed lawsuits challenging federal agreements that cancelled several offshore wind developments in exchange for compensation payments and commitments to invest in alternative energy projects. The lawsuits argue that federal agencies lacked authority to structure the agreements as they did and contend the cancellations undermine state energy planning and reliability objectives. Read more: Utility Dive.

Diesel Export Ban Debate Raises Concerns About Fuel Prices

Discussion continued regarding a possible ban on U.S. diesel exports as policymakers search for ways to address historically high diesel prices. Several analysts and industry groups warned that restricting diesel exports could reduce refinery operations, potentially resulting in higher gasoline prices and additional volatility in domestic and global fuel markets. Read more: CNBC.

Michigan Climate Case Dismissed

A federal judge dismissed Michigan’s antitrust lawsuit against major oil companies alleging efforts to restrain competition from renewable energy and electric vehicles (People of the State of Mich. v. BP, P.L.C., No. 1:26-cv-254, slip op. (W.D. Mich. Sept. 22, 2026)). The ruling follows several similar dismissals around the country and represents another setback for states pursuing climate-related claims through antitrust theories. Read more: International Comparative Legal Guides.

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.

Please feel free to reach out if you would like to connect and subscribe to the ELP Blog!

Week of September 14

As summer officially gives way to fall, this week’s environmental and energy headlines reflected several themes that have dominated much of 2026: data centers, grid reliability, critical minerals, PFAS, artificial intelligence, and the continued reshaping of federal environmental policy. Courts, Congress, regulators, and industry all remained busy as debates continued over who will power the future economy, who will pay for it, and how environmental protections will evolve along the way.

EPA Repeals Power Plant Greenhouse Gas Standards, Prompting Immediate Legal Challenge

EPA finalized one of the Trump administration’s most significant environmental rollbacks by repealing Biden-era greenhouse gas standards for coal- and gas-fired power plants. The action eliminates requirements that would have required many facilities to deploy technologies such as carbon capture and storage, and reflects EPA’s position that it lacks authority to regulate greenhouse gas emissions from power plants in the manner contemplated by the prior rule. Environmental and public health organizations have already filed suit challenging the repeal, setting up what is likely to become a closely watched test of EPA’s authority under the Clean Air Act and a major chapter in future climate policy litigation. Read more: EPA Press Release and Environmental Defense Fund Press Release.

Congress Advances Critical Mineral Recycling Legislation

The U.S. House passed three bipartisan bills intended to promote recovery and recycling of critical minerals from lithium-ion batteries and other waste streams – H.R. 9615, 9616, and 9617. The measures would facilitate battery recycling, support recovery of critical minerals from contaminated sites and waste materials, and direct federal agencies to develop a coordinated national strategy for critical mineral recovery. Read more: Waste Dive.

Data Center Growth Continues to Raise Reliability Concerns

A new study commissioned by the Pennsylvania Public Utility Commission warns that rapidly growing electricity demand, driven largely by data center development, could pose significant reliability risks unless new generation and infrastructure are added. The report highlights growing concerns that electricity demand may outpace available supply in coming years, increasing pressure on grid operators, utilities, regulators, and policymakers. Read more: PAPUC Press Release.

House Approves Data Center Ratepayer Protection Bill

The House overwhelmingly approved bipartisan legislation (H.R. 93400) designed to encourage states and utilities to ensure that large data centers bear the costs associated with their electricity demand and infrastructure needs. The bill reflects growing bipartisan concern regarding who should pay for the substantial grid investments required to support artificial intelligence and large-scale computing facilities. Read more: Utility Dive.

Court Limits DOE’s Emergency Authority Over Power Plant Retirements

A federal appellate court has vacated a Department of Energy order requiring a Michigan coal plant to remain available under DOE’s emergency authority. Michigan v. U.S. Dep’t of Energy, No. 25-1159, slip op. (D.C. Cir. Sept. 11, 2026). The court held that DOE’s authority is intended to address immediate reliability emergencies and may not be used as a broad tool to override state and regional resource adequacy planning decisions. Read more: Utility Dive.

Federal Court Vacates EPA’s Methylene Chloride Rule

Another federal appellate court vacated EPA’s rule which restricted most consumer, industrial, and commercial uses of methylene chloride and sent the regulation back to the agency. The court concluded that EPA failed to adequately address economic impacts and improperly shifted certain compliance burdens to regulated entities. East Fork Enterprises, Inc. v. EPA, Nos. 24-60227 and 24-60256 (5th Cir. Sept. 15, 2026). Read more: ICLG.

Court Expands PFAS Firefighter Litigation

A district court ruling allowed Connecticut firefighters’ PFAS claims against several manufacturers to proceed, including claims involving protective turnout gear. Uniformed Professional Fire Fighters Association of Connecticut et al. v. 3M Company et al., No. 3:24-cv-01101 (D. Conn. Sept. 15, 2026). The ruling may contribute to the continued expansion of PFAS litigation involving occupational exposure and products containing so-called “forever chemicals.” Read more: Reuters.

EPA Civil Rights Requirements for States Struck Down Nationwide

A district court in Louisiana expanded an earlier decision striking down EPA’s use of disparate-impact analysis under Title VI of the Civil Rights Act when reviewing state permitting and grant programs. State of Louisiana v. U.S. Environmental Protection Agency, et al., No. 2:23-cv-00692 (W.D. La. Sept, 15, 2026). The ruling eliminates EPA’s ability to require states to consider certain indirect discrimination impacts in permitting and funding decisions and represents another significant setback for federal environmental justice initiatives. Read more: Legal Newsline.

EPA’s Use of Artificial Intelligence Draws Scrutiny

Several recent reports highlighted EPA’s increasing interest in using artificial intelligence to evaluate chemicals, pesticides, and permitting decisions. Supporters view AI as a potential tool for improving efficiency and accelerating reviews, while critics have raised questions regarding transparency, public disclosure, oversight, and the role of human decision-making in environmental regulation. Read more: The American Prospect.

Study Suggests Air Quality Worsened After Embassy Monitoring Program Ended

A recent study concluded that air pollution levels increased in several international cities after the United States ended a long-running embassy air quality monitoring program in 2025. Researchers suggest that publicly available monitoring data may have contributed to improved accountability and pollution control efforts in areas with limited local monitoring infrastructure. Read more: Yahoo News.

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.

Please feel free to reach out if you would like to connect and subscribe to the ELP Blog!

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.

Please feel free to reach out if you would like to connect and subscribe to the ELP Blog!

Week of August 31, 2026

Labor Day may mark the unofficial end of summer, but environmental and energy regulators, courts, and policymakers show no signs of slowing down. Last week’s developments focused on several familiar themes, including federal permitting reform, the ongoing evolution of Clean Water Act jurisdiction, state climate initiatives, the impact of Congressional action, and the continued expansion of producer responsibility laws.

EPA Revisits WOTUS Definition with Focus on Drought Conditions

EPA and the U.S. Army Corps of Engineers issued a supplemental proposal to revise the definition of “waters of the United States” (WOTUS). The proposal would place greater emphasis on drought conditions when determining whether streams and wetlands qualify for Clean Water Act protection, continuing the Trump administration’s effort to align federal jurisdiction with the Supreme Court’s decision in Sackett v. EPA, 598 U.S. 651 (2023), balancing private property rights and maintaining water quality. Read more: EPA and ACOE Press Release.

Oregon’s Packaging Producer Responsibility Law Survives Constitutional Challenge

An Oregon federal court upheld the state’s packaging extended producer responsibility law against constitutional challenges brought by a national trade association. The ruling allows Oregon’s recycling funding framework to move forward and may provide support for similar producer responsibility programs being implemented elsewhere around the country. Read more: Court’s Findings of Fact and Conclusions of Law.

New York Climate Superfund Law Suffers Major Setback

A federal judge ruled that New York’s Climate Change Superfund Act cannot be enforced, concluding that the law is preempted by federal law and conflicts with national interests in regulating greenhouse gas emissions. West Virginia v. James, No. 1:25-cv-00168-BKS-DJS (N.D.N.Y. Aug. 31, 2026). The decision represents one of the most significant judicial challenges to state climate superfund laws and could have implications for similar efforts in other states. Read more: The Hill.

House Advances Bill to Accelerate Mining Permits

The U.S. House of Representatives passed legislation – Protecting Domestic Mining Act (H.R. 1501) – that would make all mining and mineral processing projects eligible for the FAST-41 federal permitting program. Supporters argue the measure would help accelerate domestic mining projects and strengthen critical mineral supply chains, while opponents contend it could reduce environmental review and public oversight. Read more: Legis1.

Court Blocks EPA’s California Waiver Reclassification

A federal court ordered EPA to withdraw its attempt to reclassify four California Clean Air Act waivers as agency rules. California v. U.S. Envtl. Prot. Agency, 1:2026-cv-02185 (D.D.C. Sep. 2, 2026). The decision temporarily preserves California’s ability to implement several emissions-related programs while broader litigation continues concerning the Trump Administration’s effort to subject the waivers to Congressional Review Act procedures. Read more: Reuters.

Week of August 24, 2026

This week’s developments highlight the increasingly close relationship among energy security, emerging technologies, and environmental constraints. Nuclear deployment, grid resilience, data center growth, water demand, and chemical regulation are all creating new opportunities and new legal and operational risks.

Army Plans Major Microreactor Deployment

The U.S. Army plans to invest $2.2 billion to deploy microreactors at five military bases under its Janus Program, with more than 20 reactors potentially installed within five years. The program is intended to improve energy resilience at military installations while accelerating the development and licensing of advanced nuclear technologies, although the selected designs remain commercially unproven. Read more: Utility Dive Article

Restrictions Target Foreign-Made Grid Equipment

President Trump signed an emergency order restricting the purchase, importation, and installation of certain foreign-made equipment and software for the bulk-power system where cybersecurity or operational risks are present. The Department of Energy has 120 days to develop implementing regulations, and the restrictions may add pressure to already constrained electrical-equipment supply chains. Read more: Executive Order

Ninth Circuit Upholds EPA’s New-Chemicals Review Rule

The Ninth Circuit upheld EPA’s 2024 rule establishing procedures for reviewing new chemicals under the Toxic Substances Control Act. The court concluded that EPA acted within its authority by permitting some persistent, bioaccumulative, and toxic chemicals to undergo a 30-day review rather than the standard 90-day process and reasonably declined to impose a categorical ban. Read more: Case Miner Copy of Decision

Data Center Electricity Demand Raises Water-Supply Concerns

A Ceres report estimates that power generation serving data centers in seven states withdraws approximately 3.4 trillion gallons of freshwater annually, underscoring the relationship between expanding computing infrastructure and local water availability. The report focuses on withdrawals rather than consumption, however, and some experts caution that including water returned to rivers, particularly water passing through hydropower facilities, could overstate the practical impact. Read more: Ceres Report

Aluminum-Based System Targets Cleaner Data Center Backup Power

Voya Energy raised $35 million to develop a system that uses scrap aluminum as a potential alternative to diesel backup generators at data centers. The technology relies on an electrochemical reaction that the company says produces electricity without carbon emissions, although it remains at the prototype stage and has not yet been demonstrated commercially. Read more: Yahoo Finance Article

AI Power Demand Revives an Earlier Small-Reactor Project

BWXT and Applied Atomics are seeking to revive the mPower small modular reactor project using a $400 million test facility in Lynchburg, Virginia, that had sat unused for roughly a decade. The initiative reflects renewed interest in advanced nuclear power as a potential source of reliable electricity for data centers, but it also faces the cost, engineering, and deployment challenges that have historically limited commercial small-reactor projects in the United States. Read more: International Business Times Article

Week of August 17

As August winds down and many people squeeze in one last summer getaway, the environmental and energy world continues to generate headlines. This week’s developments focused on several recurring themes we’ve been watching throughout 2026: PFAS, data centers, grid growth, and the continuing evolution of Superfund policy.

Court Upholds EPA’s PFAS Superfund Designations

The U.S. Court of Appeals for the District of Columbia Circuit upheld EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA. The court rejected challenges brought by an industry coalition and concluded that EPA acted lawfully in designating the two PFAS compounds as hazardous substances under federal Superfund law. Read more: Court’s Decision.

EPA Advances Superfund Cleanup Efforts

EPA announced the deletion of six Superfund sites from the National Priorities List and the partial deletion of two additional sites, while also proposing partial deletions at three more locations. The agency characterized the action as part of a broader effort to accelerate Superfund cleanups and encourage redevelopment of remediated properties for productive community use. Read more: EPA Press Release.

Solar Growth Reshapes the Nation’s Electric Grid

According to new research from BloombergNEF, growth in solar generation has helped the region served by the Midcontinent Independent System Operator (MISO) become the nation’s largest electric supply region, surpassing the region centered on PJM Interconnection. The development highlights the continued expansion of utility-scale solar generation and the increasingly important role renewable resources are playing in meeting rising electricity demand across the entire country. Read more: Insurance Journal Article.

Pennsylvania Adopts Strict Data Center Requirements

Pennsylvania Governor Josh Shapiro signed an executive order establishing new requirements for data center development, including community transparency measures, local approval requirements, and obligations related to power supply and environmental performance. The action reflects the growing scrutiny that states are applying to large data center projects as concerns about electricity demand, infrastructure impacts, and community effects continue to grow. Read more: Governor Shapiro Press Release.