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.