The stream of rulemaking to define regulatory jurisdiction under the federal Clean Water Act took another meander on Sept. 4, 2026, when the Environmental Protection Agency and the Army Corps
Continue Reading ‘Waters of the United States’ May Shrink Even Further
The Department of Justice has asked a federal court to dismiss a Clean Air Act citizen suit against xAI, raising an unsettled question: may private plaintiffs proceed where EPA allegedly declined to require preconstruction permitting review?
Continue Reading DOJ Motion Raises Questions About Clean Air Act Citizen Suits
The U.S. Supreme Court held in Monsanto Co. v. Durnell that FIFRA preempts state-law failure-to-warn claims where the EPA has not required the warning at issue, resolving a circuit split and potentially limiting tort liability for pesticide registrants.
Continue Reading SCOTUS Holds FIFRA Expressly Preempts State Law Failure to Warn Claims
The U.S. Environmental Protection Agency’s repeal of the 2024 MATS amendments may signal a broader shift in environmental rulemaking and the treatment of ancillary benefits.
Continue Reading The EPA’s MATS Repeal May Signal a Broader Shift on Ancillary Benefits
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.
There are instances where the EPA is applying or plans to apply AI in connection with its regulatory functions. Stakeholders should be aware of what EPA has done to date and its future plans.
On Feb. 12, 2026, the U.S. Environmental Protection Agency (EPA) announced its final rule (published at 91 Fed. Reg. 7686) rescinding the 2009 Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act, 74 Fed. Reg. 66496 (Dec. 15, 2009) (Endangerment Finding) and all subsequent federal greenhouse gas (GHG) emission standards for vehicle and engine model years 2012 and onward that relied on the Endangerment Finding.
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’
On Sept. 5, 2025, the D.C. Circuit reversed EPA’s 2023 rule rescinding the “startup, shutdown and malfunction” (SSM) affirmative defense under the Title V permitting program. The decision carries implications for Title V programs nationwide and for stationary source regulations more broadly.
Continue Reading DC Circuit Reinstates Title V Emergency Affirmative Defense
In 2023, New York State amended its laws to require updates to New York State Uniform Fire Prevention and Building Code (Uniform Code) and the State Energy Conservation Construction Code