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
Since its inauguration in January 2025, this federal administration has been engaged in a broad effort to change course on many fronts, including environmental and energy policy. Two district court decisions and a decision by the Secretary of the Interior involving development of offshore wind energy provide an opportunity to consider whether any law constrains agency discretion to implement a new administration’s policies, even when that would involve a reversal of prior decision making.
Continue Reading As the Wind Turbine Turns: When Can a Federal Agency Change Its Mind?
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
On June 30, 2025, California Gov. Newsom approved a bill (SB 131) aimed at increasing housing supply and strategic economic development. The bill has sparked controversy among some groups. Critics
Continue Reading Do The Recent California Amendments to Its Environmental Review Statute Offer a Blueprint for Similar Changes in New York?
On March 12, 2025, EPA Administrator Lee Zeldin announced the agency’s intention to reconsider 31 environmental regulations, describing the effort as the “single most impactful day of deregulation in EPA history.” While the scope of this initiative spans air, water, and climate regulations, the most consequential actions—legally and practically—center on a handful of cross-cutting programs and sector-specific rules.
The Nov. 5 election was not a good day for supporters of the current structure of environmental regulation. While I doubt that the burdens of environmental regulation figured prominently in
Continue Reading What Should the Environmental Regulatory Phoenix Look Like?
In June 2024, the U.S. Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, No. 22-451, and Relentless, Inc. v. Dep’t of Commerce (U.S. June 28, 2024)
Continue Reading Assessing Loper Bright’s Potential Real-World Effects on Environmental Regulation
Last month, the U.S. Supreme Court decided Securities & Exchange Commission v. Jarkesy, No. 22-859 (U.S. June 27, 2024), holding that the SEC cannot assess civil penalties for securities
Continue Reading Jury Trials for Environmental Enforcement: What Now After SEC v. Jarkesy?
The U.S. General Services Administration (GSA) recently initiated its Water Testing Modification Effort to assess and ensure the quality of drinking water in properties currently under lease with GSA. GSA
Continue Reading GSA Requiring Landlords to Conduct Baseline Drinking Water Testing in All Leased Space
On June 14, 2023, the IRS released proposed and temporary regulations and additional guidance describing rules for eligible taxpayers to benefit from clean energy projects through selling any of the
Continue Reading Proposed Regulations under Section 6418 Transferability of Clean Energy Tax Credits