Week of October 26

This week’s environmental and energy headlines highlight the push and pull between development, regulation, and litigation. From permitting reform and nuclear investment to PFAS, data centers, workplace safety, and climate litigation, the issues are familiar, although a new study questioning the environmental benefits of paper straws adds an interesting twist to this week’s mix.

Permitting Reform Gains Momentum, but Divisions Remain

A bipartisan permitting reform package is creating some unusual alliances, with energy and renewable developers pushing for greater certainty while environmental groups argue that portions of the proposal could weaken environmental protections. Recent federal actions allowing several onshore wind projects to advance—while preserving the possibility of reconsidering approvals for offshore projects—highlight both the potential benefits of permitting reform and the uncertainty developers continue to face. Read more: Inside Climate News.

Federal Financing Aims to Boost Output from Existing Nuclear Plants

The Department of Energy offered up to $5 billion in financing to support upgrades to Constellation Energy’s existing nuclear fleet in Illinois, Maryland, and Pennsylvania. The projects are expected to add nearly 1.1 gigawatts of generation, reflecting growing interest in increasing output from existing nuclear facilities as a faster way to meet rising electricity demand, including demand from data centers. Read more: DOE Press Release.

New Jersey Study Finds Overlooked PFAS in Tap Water and Bottled Beverages

Researchers at the New Jersey Institute of Technology detected trifluoroacetic acid, an ultra-short-chain PFAS, in more than 91 percent of New Jersey tap-water samples and nearly 80 percent of bottled beverages tested. Researchers cautioned that detection does not itself establish a health risk, but the findings highlight potential gaps in conventional PFAS testing and the challenges of removing smaller PFAS compounds through traditional treatment methods. Read more: Public Health Watch.

Paper Straws May Not Be the Clear Environmental Winner

A South Korean government-commissioned life-cycle study comparing four types of disposable straws found conventional plastic had the lowest environmental impact in 10 of the 16 categories studied, with paper straws performing worse on several measures. The findings do not mean plastic pollution is environmentally preferable overall, but they offer an interesting reminder that replacing one material with another can involve trade-offs that are not always apparent without considering a product’s full life cycle. Read more: Yahoo News.

New Jersey Data Center Faces Potential Clean Air Act Citizen Suit

A community organization has notified the developers of a large South Jersey data center of its intent to bring a Clean Air Act citizen suit, alleging that dozens of gas-fired engines and other equipment are operating without required air permits. The threatened lawsuit follows a $1.07 million state administrative penalty and illustrates how rapidly expanding data center projects are drawing increased attention not only for electricity demand, but also for more traditional environmental permitting requirements. Read more: Community News.

Constitutional Challenge to Safety Whistleblower Process Moves Forward

A federal court allowed a transportation company’s constitutional challenge to the Department of Labor’s administrative process for deciding a workplace safety retaliation claim to continue. Western Flyer Express LLC v. DOL, No. 6:25-cv-00517-CRW (W.D. Tex. Oct. 20, 2026) (Wolfe, D.J.).  The court indicated that the company may have a viable argument that certain retaliation claims implicate the constitutional right to a jury trial, adding to broader scrutiny of federal administrative adjudication following recent Supreme Court decisions. Read more: Bloomberg Law.

New York Appeals Climate Superfund Setback

New York has appealed a federal court ruling blocking enforcement of its Climate Change Superfund Act, which seeks to require certain fossil fuel companies to contribute toward climate-related costs based on historical greenhouse gas emissions. The appeal follows multiple federal court rulings against the Act and could help shape the future of similar state efforts to impose climate-related costs on energy producers.United States v. New York, No. 1:25-cv-03656-PKC (Oct. 23, 2026) (S.D.N.Y.), ECF No. 121., appealed  Read more: Ballotpedia 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.

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