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
1. New General Water Law and Reform of the National Water Law — Recent changes in water legislation will give rise to potential impacts on the investment landscape and opportunities
Continue Reading Outlook 2026: Mexico Environmental
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?
The Japanese Ministry of Economy, Trade and Industry (METI) has proposed revisions to the price cap structure in Japan’s balancing market that may materially impact the economics of battery energy
Continue Reading METI Proposes Price Cap Reductions in Japan’s Balancing Market: Implications for Battery Energy Storage Systems
On Dec. 11, 2025, the head of the Federal Executive Branch, Claudia Sheinbaum, published in the Official Gazette of the Federation (DOF) the Decree enacting the General Water Law (LGA)
Continue Reading Mexico’s New General Water Law and Reforms to the National Water Law
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 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 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