On July 14, 2026, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service published a final rule rescinding the regulatory definition of “harm,” one of nine terms listed in the Endangered Species Act (ESA)’s definition of “take.”
Enhanced geothermal systems are moving toward commercial deployment as developers navigate existing legal and regulatory frameworks.
On July 14, 2026, Governor Hochul issued an executive order pausing discretionary DEC permitting for data center construction pending completion of a Generic Environmental Impact Statement, signaling a more structured regulatory framework for large-scale data center development in New York.
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
In a closely watched case involving a natural gas “reliability station,” the Pennsylvania Commonwealth Court recently reiterated quite plainly that court’s narrow view of the Pennsylvania Environmental Rights Amendment, Article I, Section 27, of the Pennsylvania Constitution.
Continue Reading Township of Marple and the Scope of Agency Environmental Review Under the Environmental Rights Amendment
On Feb. 26, 2026, the California Air Resources Board adopted its initial regulations implementing SB 253 and SB 261, the California Greenhouse Gas Reporting and Climate Financial Risk Disclosure Initial Regulation.
On Feb. 12, 2026, the New York State Public Service Commission (PSC) initiated a new proceeding (Case 26-E-0045) to reform how large electricity users connect to the grid. Case 26-E-0045
Continue Reading New York State Public Service Commission Initiates New Proceeding to Address Interconnection Reforms for Large Loads (Energize NY Development)
On Jan. 21, 2026, the National Oceanic and Atmospheric Administration (NOAA) finalized revisions to its existing regulations governing deep seabed mining in areas beyond the national jurisdiction of the United States.
Continue Reading NOAA Finalizes Changes to Deep Seabed Mining Regulations
All environmental practitioners have encountered situations in which they have been convinced that an executive agency is making a decision—a rulemaking, a permit grant or denial, a remedy selection—based on an expressed rationale that does not seem like the real reason.
Continue Reading When an Agency’s Rationale Isn’t the Real Reason
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