Three recent developments — a proposed EPA overhaul of New Source Review requirements, updated turbine emissions standards, and a DOJ intervention in a Clean Air Act citizen suit — may signal that air quality permitting is becoming a defining factor in data center and large infrastructure development.
When a private CERCLA plaintiff fails to serve the complaint on the Attorney General and EPA as required by Section 113(l), a recent Southern District of Indiana decision suggests the sanction may be an enhanced share in the final cost allocation.
Continue Reading When a Private CERCLA Plaintiff Does Not Give Notice to the Government
The EU Packaging and Packaging Waste Regulation takes effect Aug. 12, 2026, establishing a uniform framework covering recyclability, labeling, and extended producer responsibility for all companies placing packaging on the EU market, including non-EU businesses.
Continue Reading Countdown to the New EU Packaging and Packaging Waste Regulation: Compliance Considerations
Japan’s Long-Term Decarbonization Power Source Auction Round 3 results signal a maturing BESS market, with stricter eligibility requirements, evolving balancing market regulations, and emerging co-location opportunities changing the investment landscape for energy storage developers.
Continue Reading BESS and the Japan Power Market The Current State of Play at LTDA Auction Round 3
New York’s FY 2026–2027 budget reforms SEQRA to accelerate housing and infrastructure through expanded exemptions, updated timelines, and preserved environmental safeguards.
Continue Reading New York’s 2026 Enacted Budget Advances SEQRA Reforms, Promoting Housing Construction and Streamlining Environmental Review Timelines
Buyers of contaminated real estate may wish to avoid Superfund liability — and similar liability under Pennsylvania law — by conducting thorough pre-purchase environmental due diligence, commonly known as a “Phase I environmental site assessment.”
Continue Reading Does a Negligent Phase I Result in Loss of the CERCLA Innocent Purchaser Defense?
New York’s 2026 Enacted Budget introduces significant amendments to the Climate Leadership and Community Protection Act, revising greenhouse gas emission targets, updating emissions accounting methodology, and extending the DEC’s regulatory deadline to 2028. Stakeholders with matters before the State may wish to monitor how agencies apply the revised framework, as these changes may materially affect permitting outcomes.
Continue Reading New York Budget Amends the State’s Climate Leadership and Community Protection Act
The Department of Energy’s updated Title 17 program guidance implements the One Big Beautiful Bill Act, broadening eligible energy infrastructure while shifting program priorities toward energy dominance, grid reliability, and critical minerals supply chain security.
Continue Reading DOE Issues Updated Guidance for Energy Dominance Financing Program
The Council on Environmental Quality issued revised guidance that clarifies the use of categorical exclusions in environmental reviews and outlines updated documentation and review expectations for federal agencies.
Continue Reading CEQ Issues Revised Guidance on Categorical Exclusions
On April 28, 2026, the New York State Department of Environmental Conservation filed a Notice of Adoption to amend 6 NYCRR Part 617, DEC’s State Environmental Quality Review Act regulations.
Continue Reading NY DEC Finalizes SEQRA Regulations to Implement Environmental Justice Siting Law