On December 8, 2025, in the case of New York v. Trump, the federal district court for the District of Massachusetts vacated orders from several federal agencies that implemented
Continue Reading Federal Judge Vacates Trump Administration’s Halt to Wind Energy Permitting
On December 1, 2025, the Department of Environmental Conservation (DEC) announced that it finalized regulations establishing a Mandatory Greenhouse Gas Reporting Program.
Continue Reading DEC Finalizes Mandatory Greenhouse Gas Reporting Program Regulations
On Nov. 18, 2026, the United States Court of Appeals for the Ninth Circuit issued a preliminary injunction enjoining the enforcement of California’s SB 261, which had an initial
Continue Reading Ninth Circuit Pauses Looming California SB 261 Compliance Deadline; CARB Clarifies Related Guidance
On Nov. 21, 2025, the U.S. Fish and Wildlife Service (FWS) released four proposed rules to revise its Endangered Species Act (ESA) implementing regulations, all of which would apply only
Continue Reading Wildlife Agencies Issue Four Proposed Rules to Revert Endangered Species Act Practices to 2019 Interpretations
On Oct. 28, 2025, Mexico’s Head of the Executive Power, Claudia Sheinbaum, published in the Official Gazette of the Federation (DOF) the Decree establishing administrative facilities for the regularization of
Continue Reading Decree Establishes Administrative Facilities for the Regularization of Concession and Assignment Titles of National Waters in Mexico
On Nov. 21, 2025, the Board of Directors of the New York Independent System Operator, Inc. (NYISO), as anticipated, approved the 2025-2034 Comprehensive Reliability Plan (CRP). This blog post
Continue Reading NYISO Reliability Plan: New York May Require Thousands of Megawatts of Dispatchable Generation by 2034
On November 17, 2025, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (the Corps) announced a proposed rule (PR) to revise the definition of “waters of the United States” (WOTUS) by excluding several types of waters from the definition of WOTUS in their respective regulations (40 C.F.R. § 120.2 and 33 C.F.R. § 328.3).
Continue Reading The Never-Ending Rule: EPA and Army Corps of Engineers Propose Narrowing the Post-Sackett Definition of ‘Waters of the United States’
In a rare occurrence, two appellate courts have recently weighed in on natural resources damages (NRD) claims, providing fresh insights into this evolving area of law. The U.S. Court of Appeals for the First Circuit’s October decision in United States v. Ernst Jacob GmbH & Co. under the Oil Pollution Act, alongside a September Ninth Circuit ruling under CERCLA, mark significant developments for NRD litigation and policy.
Continue Reading Agency Deference and Natural Resources Damages
Some companies that do business in California are facing rapidly approaching compliance deadlines under California’s climate disclosure laws, SB 253 and SB 261, the first of which will occur on
Continue Reading New California Climate Disclosure Law Deadlines Are Rapidly Approaching: Compliance Considerations for Companies
On Nov. 10, 2025, the New York State Department of Environmental Conservation (DEC) and the New York State Office of the Attorney General (OAG) entered into a memorandum of agreement
Continue Reading NYS Executive and Attorney General Come Together to Expedite and Streamline Land Acquisition