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
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
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 March 13, President Donald Trump signed a new executive order entitled “Removing Regulatory Barriers to Affordable Home Construction.”
Continue Reading President Trump Issues Housing Affordability Executive Order
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
During the week of Jan. 12, 2026, three federal judges granted preliminary injunctions in three separate cases filed by offshore wind developers challenging a Dec. 22, 2025, stop-work order that
Continue Reading UPDATED: Court Lifts Stop-Work Orders for Three Paused Offshore Wind Projects
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
On Nov. 21, 2025, the U.S. Fish and Wildlife Service (FWS) released four proposed rules to revise its Endangered Species Act (ESA) implementing regulations, all of which would apply only
Continue Reading Wildlife Agencies Issue Four Proposed Rules to Revert Endangered Species Act Practices to 2019 Interpretations
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’