Dear Section Members, It was great seeing many of you in New Orleans. The Environmental Section is putting together a webinar on January 27, 2026 regarding recent and proposed changes to the National Environmental Policy Act and the Endangered Species Act. Click here<https://members.imla.org/integratedEvents/home/2026-JANUARY-27-ENVIRONMENTAL-LAW-COMPLIANCE-WEBINAR> to register. Below is the final news roundup of this year. Happy Holidays! From Law360: EPA Proposes Rolling Back Biden HFC Ban Deadline<https://www.law360.com/environmental/articles/2394800/epa-proposes-rolling-back-biden-hfc-ban-deadline> The U.S. Environmental Protection Agency proposed a new rule that would extend the compliance deadline for and revise other parts of a Biden administration-era rule that bars hydrofluorocarbons in refrigeration, air conditioning and heating products if more "climate friendly" alternatives are available. FERC Issues Trump-Ordered Rule To Phase Out 53 Regs<https://www.law360.com/environmental/articles/2395273/ferc-issues-trump-ordered-rule-to-phase-out-53-regs> The Federal Energy Regulatory Commission has finalized a rule to phase out dozens of its regulations, making it the first, and apparently only, federal agency to fully comply with an executive order to sunset energy-related rules. Court Limits In Congress' NEPA Reform Push Spark Debate<https://www.law360.com/environmental/articles/2395260/court-limits-in-congress-nepa-reform-push-spark-debate> Congressmembers' hopes to facilitate the faster approval of projects that require environmental reviews like pipelines and other energy infrastructure may be an uphill battle despite bipartisan support due to accompanying provisions, such as limited judicial review, that have invited opposition. Supreme Court Rejects Wash. State Climate Law Challenge<https://www.law360.com/environmental/articles/2393625/supreme-court-rejects-wash-state-climate-law-challenge> The U.S. Supreme Court rejected Ohio-based Invenergy Thermal LLC's challenge to Washington state's Climate Commitment Act, which the company alleged illegally favors in-state power providers. Labor, Energy Groups Challenge EPA's $7B Solar Cancellation<https://www.law360.com/environmental/articles/2396348/labor-energy-groups-challenge-epa-s-7b-solar-cancellation-> A coalition of the labor and solar energy industry players on Monday alleged the U.S. Environmental Protection Agency violated the Constitution and federal law by canceling a $7 billion program providing solar equipment to low-income households. Firefighters' Union Drops PFAS Suit Against Safety Group<https://www.law360.com/environmental/articles/2396845/firefighters-union-drops-pfas-suit-against-safety-group> A firefighters' union has dropped a 2023 lawsuit in Massachusetts state court accusing a fire safety organization of ignoring the cancer risk of "forever chemicals" in maintaining safety standards that continued to call for their use in firefighting gear. Seattle Marine Site Operator To Pay $1.2M To End CWA Suit<https://www.law360.com/environmental/articles/2396565/seattle-marine-site-operator-to-pay-1-2m-to-end-cwa-suit-> SSA Marine will pour $950,000 into a local watershed upgrade and cover roughly $320,000 in legal fees for an environmental group to end allegations that a Seattle cargo facility dumped pollutant-laden wastewater into the Duwamish River, according to a consent decree filed in Washington federal court. Heritage Coal's Ch. 11 Plan Ignores Enviro Laws, States Say<https://www.law360.com/environmental/articles/2397432/heritage-coal-s-ch-11-plan-ignores-enviro-laws-states-say-> Maryland, Pennsylvania and the creditors committee of Heritage Coal have objected to its Chapter 11 liquidation plan, telling a Delaware bankruptcy judge that legal releases should be pared down and the states saying it doesn't address their environmental laws. Biz Groups, GOP Reps Ask Justices To Sink Colo. Climate Suit<https://www.law360.com/environmental/articles/2398481/biz-groups-gop-reps-ask-justices-to-sink-colo-climate-suit> Business groups and over 100 Republican lawmakers are asking the U.S. Supreme Court to reverse a decision by Colorado's top court allowing Boulder's climate change tort against Exxon Mobil Corp. and Suncor Energy Inc. to proceed in state court. Mich. Fights Feds' Support For Enbridge Line 5 Pipeline<https://www.law360.com/environmental/articles/2398643/mich-fights-feds-support-for-enbridge-line-5-pipeline> Michigan urged a federal judge to reject the U.S. government's contention that its attempt to block an Enbridge Energy oil and gas pipeline segment is illegal, while the company said the government's arguments have merit. Minn. Tribe Sues 3M, Tyco, Chemours Over PFAS Pollution<https://www.law360.com/environmental/articles/2399149/minn-tribe-sues-3m-tyco-chemours-over-pfas-pollution> The Leech Lake Band of Ojibwe is suing 3M Co., BASF Corp., The Chemours Co. FC, Corteva Inc. and Tyco Fire Products, alleging they all made or sold products containing so-called forever chemicals that have contaminated the tribe's water supply and other resources. Calif. Gov. Vetoes 'Well-Intentioned' Bill Targeting PFAS<https://www.law360.com/environmental/articles/2399484/calif-gov-vetoes-well-intentioned-bill-targeting-pfas> California Gov. Gavin Newsom rejected a bill that would require manufacturers to phase out their use of so-called forever chemicals in children's products, cookware, dental floss and other items, saying he agrees with the bill's health and environmental protection goals but that it could lead to higher costs for Californians. Texans Say Drinking Water Tainted With PFAS From Military Base<https://www.law360.com/environmental/articles/2399301/texans-say-drinking-water-tainted-with-pfas-from-military-base> Residents and local businesses in Lubbock, Texas, are suing 3M, DuPont de Nemours Inc. and others over alleged exposure to so-called forever chemicals that leached into their well water from firefighting foam used on a nearby former U.S. Air Force base and caused a woman's death. Colorado Landowners Win Class Cert. In Oil Well Cleanup Suit<https://www.law360.com/environmental/articles/2400981/colorado-landowners-win-class-cert-in-oil-well-cleanup-suit> Colorado landowners accusing the oil and gas company HRM Resources LLC of transferring oil and gas well rights to a now-defunct smaller company in an attempt to avoid cleanup obligations won class certification in Colorado federal court Friday. Feds, Enviro Orgs. Clash Over Bid To Pause Climate Panel Suit<https://www.law360.com/environmental/articles/2401868/feds-enviro-orgs-clash-over-bid-to-pause-climate-panel-suit> The Trump administration has urged a federal judge to pause a lawsuit challenging its formation of a climate change science advisory panel while the federal government is shut down, a move opposed by the environmental groups behind the suit. Groups Want Full DC Circ. To Review Emergency Air Rule<https://www.law360.com/environmental/articles/2401859/groups-want-full-dc-circ-to-review-emergency-air-rule> Environmental groups are asking the full D.C. Circuit to review a panel decision to restore air pollution-emitting facilities' right to defend themselves against alleged violations of the Clean Air Act by blaming emergency circumstances. Trump Flouted Clean Air Act With Rule Delay, Enviro Orgs. Say<https://www.law360.com/environmental/articles/2402597/trump-flouted-clean-air-act-with-rule-delay-enviro-orgs-say> President Donald Trump violated the Clean Air Act when he delayed deadlines to comply with air pollution standards for companies in the chemical manufacturing industry, green groups alleged in Washington federal court Wednesday. Exxon Sues Calif. Over Climate Disclosure Laws<https://www.law360.com/environmental/articles/2403962/exxon-sues-calif-over-climate-disclosure-laws> Exxon Mobil Corp. is suing California over state laws the company says violate its First Amendment rights by forcing it "to serve as a mouthpiece" for ideas it disagrees with, including that large companies are uniquely responsible for climate change. Grand Rapids Airport Fights PFAS Suit Split In 6th Circ.<https://www.law360.com/environmental/articles/2404012/grand-rapids-airport-fights-pfas-suit-split-in-6th-circ-> An airport authority for Grand Rapids, Michigan, has urged the Sixth Circuit to undo a ruling separating its third-party claims against firefighting foam manufacturers from the state's environmental contamination lawsuit against the local agency, arguing the federal government's requirements for the airport to use certain foam should keep the entire case together in federal court. Skadden, Gibson Dunn Steer $40B Public Water Utility Merger<https://www.law360.com/environmental/articles/2403917/skadden-gibson-dunn-steer-40b-public-water-utility-merger> American Water Works Co. and Essential Utilities said Monday that they have agreed to an all-stock merger that will unite the two major regulated water and wastewater providers into a $40 billion public utility. Oregon Tribes, Feds Settle With Cos. In Pollution Dispute<https://www.law360.com/environmental/articles/2403520/oregon-tribes-feds-settle-with-cos-in-pollution-dispute> A federal judge has granted a motion by the U.S. government and Oregon as well as a number of tribes seeking approval of two settlement agreements that would resolve their Superfund lawsuit against a slew of companies that allegedly polluted the Willamette River. Green Groups Ask DC Circ. To Revive Climate Grant Class Suit<https://www.law360.com/environmental/articles/2404507/green-groups-ask-dc-circ-to-revive-climate-grant-class-suit> Green groups and local governments are asking the D.C. Circuit to revive their now-dismissed proposed class action accusing the Trump administration of illegally terminating a $3 billion environmental justice block grant program. States Ask Supreme Court To Resolve PFAS Removal Dispute<https://www.law360.com/environmental/articles/2404720/states-ask-supreme-court-to-resolve-pfas-removal-dispute> Maryland and South Carolina are asking the U.S. Supreme Court to overturn the Fourth Circuit's decision to move their state court lawsuits against 3M Co. over environmental contamination from consumer products containing forever chemicals to federal court. Green Group Says EPA Posts Misleading PFAS Information<https://www.law360.com/environmental/articles/2405254/green-group-says-epa-posts-misleading-pfas-information> Public Employees for Environmental Responsibility on Wednesday said the U.S. Environmental Protection Agency is misleading the public about the risks of exposure to forever chemicals, and is demanding the EPA correct information on its website. NC Justices Block Du Pont PFAS Suit On Eve Of Hearing<https://www.law360.com/environmental/articles/2405457/nc-justices-block-du-pont-pfas-suit-on-eve-of-hearing> The Republican majority of North Carolina's highest court on Wednesday issued a stay pausing the state's suit against E.I. Du Pont de Nemours and Co., The Chemours Co. and others over alleged forever chemical contamination the day before the Business Court was set to hold a hearing on summary judgment in the case. Wash. Justices Reinstate $185M Monsanto PCB Verdict<https://www.law360.com/environmental/articles/2405782/wash-justices-reinstate-185m-monsanto-pcb-verdict> The Washington State Supreme Court has restored a $185 million jury verdict against Monsanto in the first of a series of chemical poisoning trials tied to a Washington state school site, finding a lower appellate court misapplied choice-of-law principles when overturning the win for three school teachers. Mo. Judge Warns Of Sanctions In Peru Lead Poisoning Case<https://www.law360.com/environmental/articles/2405534/mo-judge-warns-of-sanctions-in-peru-lead-poisoning-case> A Missouri federal judge is threatening attorneys representing a mining company controlled by billionaire Ira Rennert in a lawsuit over pollution in Peru with serious sanctions for repeatedly disregarding and misrepresenting his orders. Garden Supply Co. Faces Suit Claiming PFAS In Products<https://www.law360.com/environmental/articles/2405456/garden-supply-co-faces-suit-claiming-pfas-in-products> A gardening supply company was hit on Wednesday with a proposed class action in California federal court alleging that it falsely advertises its soil and fertilizer products as organic even though they contain synthetic and dangerous "forever chemicals." W.Va., Chamber Say NY Climate Superfund Law Is Preempted<https://www.law360.com/environmental/articles/2406852/w-va-chamber-say-ny-climate-superfund-law-is-preempted> States and business groups on Friday told a New York federal judge that the state Climate Change Superfund Act is preempted by the Constitution and the Clean Air Act and should be struck down. Calif. Judge Rejects $57M Deal On Former Navy Site's Cleanup<https://www.law360.com/environmental/articles/2409370/calif-judge-rejects-57m-deal-on-former-navy-site-s-cleanup> A California federal judge refused to approve a $57 million settlement the U.S. government proposed to resolve whistleblower claims alleging Tetra Tech EC Inc. defrauded the Navy on radiation cleanup work at the former Hunters Point Naval Shipyard in San Francisco. Suit Over Calif. Truck Emissions Rules Sent To Golden State<https://www.law360.com/environmental/articles/2409337/suit-over-calif-truck-emissions-rules-sent-to-golden-state> An Illinois federal judge sent a suit brought by the American Free Enterprise Chamber of Commerce and joined by the Trump administration that challenges California's strict emissions standards for heavy-duty trucks to federal court in the Golden State. EPA Floats Rollbacks To Biden-Era PFAS Reporting Rule<https://www.law360.com/environmental/articles/2410013/epa-floats-rollbacks-to-biden-era-pfas-reporting-rule> The U.S. Environmental Protection Agency wants to back off parts of a rule requiring forever chemical manufacturers to provide information about the amount and type of chemicals they have produced, citing compliance costs and difficulties. Co. Says Excess Insurer Can't Avoid Asbestos Coverage Row<https://www.law360.com/environmental/articles/2410078/co-says-excess-insurer-can-t-avoid-asbestos-coverage-row> A paint and drywall product manufacturer said an Allianz unit can't rely on a pollution exclusion to avoid a dispute over coverage for underlying asbestos claims, telling a Texas federal court that the insurer's interpretation of the exclusion is contrary to the policy language and unsupported by Texas law. Chemours Urges 4th Circ. To Lift River Pollution Injunction<https://www.law360.com/environmental/articles/2410648/chemours-urges-4th-circ-to-lift-river-pollution-injunction> The Chemours Co. FC LLC on Wednesday asked the Fourth Circuit to strike down an injunction blocking the company from continuing to discharge forever chemicals into the Ohio River. Tribe Scores Early Win Against Michigan Fruit Processor<https://www.law360.com/environmental/articles/2410386/tribe-scores-early-win-against-michigan-fruit-processor> A Michigan federal judge has ruled that a fruit-processing company illegally discharged millions of gallons of untreated wastewater into wetlands that feed Michigan's Grand Traverse Bay, granting an early win to a Native American tribe and two local environmental nonprofit groups. La., Parishes Push To Keep Coastal Suits In State Court<https://www.law360.com/environmental/articles/2411000/la-parishes-push-to-keep-coastal-suits-in-state-court> Louisiana and a pair of its coastal parishes have told the U.S. Supreme Court that the Fifth Circuit correctly concluded that their pollution lawsuits against Chevron and Exxon stemming from their World War II-era oil production belong in state court. Feds' Use Of AI In Permitting, Rulemaking Raises Concerns<https://www.law360.com/environmental/articles/2407406/feds-use-of-ai-in-permitting-rulemaking-raises-concerns> Federal government agencies with environmental responsibilities have begun using artificial intelligence tools, but attorneys say information about exactly why, how and when they are being used has been hard to get, leading to uncertainty about their effectiveness and shortcomings. EPA Diluted Facility Upgrade Review Regs, DC Circ. Told<https://www.law360.com/environmental/articles/2411766/epa-diluted-facility-upgrade-review-regs-dc-circ-told> Environmental groups have told the D.C. Circuit that the U.S. Environmental Protection Agency unlawfully created a watered-down formula to determine whether modifications to industrial facilities trigger additional air pollution reviews. EPA, Army Corps Float Trimming Clean Water Act Powers<https://www.law360.com/environmental/articles/2412087/epa-army-corps-float-trimming-clean-water-act-powers> The U.S. Environmental Protection Agency and Army Corps of Engineers on Monday proposed new limits on their ability to enforce the Clean Water Act, saying prior understandings of the federal government's authority were too broad. NJ Township Seeks To Revise $2.5B DuPont PFAS Settlement<https://www.law360.com/environmental/articles/2412270/nj-township-seeks-to-revise-2-5b-dupont-pfas-settlement-> Carneys Point Township, New Jersey, is aiming to intervene in the state's federal suit against E.I. du Pont de Nemours & Co. and others over PFAS contamination, saying a settlement of more than $2.5 billion interferes with its own claims against the company. Ill. Justices Mull If Permits Override Pollution Exclusions<https://www.law360.com/environmental/articles/2412259/ill-justices-mull-if-permits-override-pollution-exclusions> Counsel for a sterilization company and its former parent seeking defense costs for hundreds of lawsuits over ethylene oxide emissions at a suburban Chicago facility urged the Illinois Supreme Court on Tuesday to find a pollution exclusion in their insurance policy doesn't apply to emissions allowed under a state permit, insisting the policyholders are not polluters under Illinois law or "in the general sense of the word." 9th Circ. Halts 1 Of 2 Calif. Corporate Climate Disclosure Laws<https://www.law360.com/environmental/articles/2412788/9th-circ-halts-1-of-2-calif-corporate-climate-disclosure-laws> The Ninth Circuit blocked a new California law requiring large companies to publicly disclose financial risks tied to climate change, barring enforcement as an appeal by the U.S. Chamber of Commerce and other business groups challenging the policy unfolds in federal appellate court. Green Groups Sue To Block Gulf Oil And Gas Lease Sale<https://www.law360.com/environmental/articles/2412718/green-groups-sue-to-block-gulf-oil-and-gas-lease-sale> Environmental groups have asked a federal court to block the first in a series of offshore oil and gas lease sales mandated by July's budget reconciliation bill, claiming the government shirked a required environmental review of the lease sale. 1st Circ. Sends Maine's 3M PFAS Suit Back To Federal Court<https://www.law360.com/environmental/articles/2413529/1st-circ-sends-maine-s-3m-pfas-suit-back-to-federal-court> A First Circuit panel has sent a suit from the state of Maine against 3M Co. over so-called forever chemical contamination back to federal court, saying its disclaimer that it wasn't pursuing federal claims does not on its own put the case in state court. Conn. Faces Tough 2nd Circ. In 3M PFAS Enforcement Dispute<https://www.law360.com/environmental/articles/2413578/conn-faces-tough-2nd-circ-in-3m-pfas-enforcement-dispute> A Second Circuit panel on Thursday appeared receptive to 3M's argument that Connecticut's state lawsuit accusing it of polluting the environment with forever chemicals contained in consumer products actually belongs in federal court, where a similar lawsuit against the company is playing out. Texas Supreme Court Rejects $4B Oil Spill Tax Refund Bid<https://www.law360.com/environmental/articles/2414188/texas-supreme-court-rejects-4b-oil-spill-tax-refund-bid> The Texas Supreme Court declined Friday to hear an oil company's claim that it is owed a franchise tax refund for $4 billion in settlement expenses it paid due to its stake in the well involved in the Deepwater Horizon disaster. NJ Strikes $49.5M Deal Over Pollution At Superfund Site<https://www.law360.com/environmental/articles/2414946/nj-strikes-49-5m-deal-over-pollution-at-superfund-site> The New Jersey Department of Environmental Protection has reached a $49.5 million settlement with Pechiney Plastics Packaging Inc., Bristol-Myers Squibb Co., Citigroup Inc. and other companies, resolving the state's long-running natural resource damages suit over extensive groundwater contamination across a 10,000-acre Superfund site, state officials announced Monday. Monsanto Must Pay $28M Roundup Award, Calif. Court Says<https://www.law360.com/environmental/articles/2415034/monsanto-must-pay-28m-roundup-award-calif-court-says> A California appeals court on Monday affirmed a $28 million award against Monsanto for a California man who developed non-Hodgkins lymphoma after using the Bayer AG unit's Roundup weed killer for 20 years. NRDC Tells 9th Circ. EPA Would 'Neuter' Public TSCA Rights<https://www.law360.com/environmental/articles/2415291/nrdc-tells-9th-circ-epa-would-neuter-public-tsca-rights> The Natural Resources Defense Council has asked the Ninth Circuit to reject the U.S. Environmental Protection Agency's narrow reading of citizen enforcement rights under the Toxic Substances Control Act, saying it would unfairly restrict challenges to agency inaction. EPA Tells DC Circ. Biden-Era Soot Rule Is Fatally Flawed<https://www.law360.com/environmental/articles/2415210/epa-tells-dc-circ-biden-era-soot-rule-is-fatally-flawed> The U.S. Environmental Protection Agency has told the D.C. Circuit that its 2024 rule tightening soot pollution standards, which the EPA has been defending in litigation, is legally and scientifically flawed and must be vacated. From Law.com: EPA Moves Suggest Trump Will Lighten, but Not Abandon, 'Forever Chemical' Regulation<https://www.law.com/corpcounsel/2025/10/22/epa-moves-suggest-trump-will-lighten-but-not-abandon-forever-chemical-regulation/> “I think some clients are under the mistaken notion that this administration is just going to 'poof, make it go away.' What we are telling clients is stay the course, continue to do what you’re doing," said Lynn Bergeson, managing partner of Bergeson & Campbell. Lawyers Unveil Novel Strategy in 'Forever Chemicals' Lawsuit<https://www.law.com/ctlawtribune/2025/10/21/lawyers-unveil-novel-strategy-in-forever-chemicals-class-action/> Silver Golub & Teitell partner Ian Sloss said their approach in the claims against Kimberly-Clark Corp.—under the Connecticut Inland Wetlands and Watercourses Act and the Connecticut Environmental Protection Act—is a departure from how the statute is normally used. As Sherrill Takes the Reins, Environmental Lawyers Hope She'll Be a Good Listener<https://www.law.com/njlawjournal/2025/11/20/as-sherrill-takes-the-reins-environmental-lawyers-hope-shell-be-a-good-listener/> Sherrill's administration will be faced with continuing the rollout of some controversial regulatory measures started under the current administration. Billions in PFAS Settlement Funds Could Be Missed—Here’s What Public Water Systems Need to Know<https://www.law.com/dailybusinessreview/2025/11/18/billions-in-pfas-settlement-funds-could-be-missedheres-what-public-water-systems-need-to-know/> Unfortunately, many eligible systems may forego participation because they may not realize they qualify, ignored the class settlement notices or underestimate the complexity of the claims process. Unless these systems act soon, they risk missing out on significant funds that have already been allocated for their benefit. EPA Proposal Would Ease PFAS Reporting Requirements for Manufacturers<https://www.law.com/nationallawjournal/2025/11/10/epa-proposal-would-ease-pfas-reporting-requirements-for-manufacturers/> The Trump administration has taken a somewhat ambivalent approach to regulating PFAS, a class of chemicals contained in wide variety of household products that has been linked to cancer and other health problems. New Jersey’s PFAS Hotbed: Legal and Regulatory Developments in the Garden State<https://www.law.com/njlawjournal/2025/11/03/new-jerseys-pfas-hotbed-legal-and-regulatory-developments-in-the-garden-state/> For carriers, reinsurers, and defense counsel, the developments in New Jersey are more than local headlines; they are a preview of the next wave of toxic tort litigation across the United States. From JD Supra: Federal Court Dismisses Lawsuit Against EPA Over Regulation of PFAS in Sewage Sludge<https://www.jdsupra.com/legalnews/federal-court-dismisses-lawsuit-against-3033578/> On September 29, 2025, the US District Court for the District of Columbia dismissed a lawsuit brought by Texas farmers, multi-state environmental organizations, and Johnson County, Texas that alleged the United States Environmental Protection Agency’s (EPA or the Agency) failure to regulate polyfluoroalkyl substances (PFAS) in sewage sludge used as fertilizer (biosolids) violates federal law, leaving communities vulnerable to "forever chemicals" in agricultural products and water supplies. The case, Farmer v. EPA, was originally filed in 2024 after farmers claimed their property, livestock, and health were harmed when PFAS-laden biosolids from neighboring fields migrated onto their land. Plaintiffs sought declaratory and injunctive relief compelling EPA to identify specific PFAS in biosolids as pollutants and regulate them under the Clean Water Act (CWA) and Administrative Procedure Act (APA). EPA Plans to Restore Policy Preventing ‘Second Guessing’ of Emissions Estimates for NSR Permitting<https://www.jdsupra.com/legalnews/epa-plans-to-restore-policy-preventing-6596271/> In support of the administration’s efforts to facilitate the development of data centers, on September 15, 2025, US Environmental Protection Agency (EPA) Administrator Lee Zeldin announced at a White House artificial intelligence roundtable that the agency plans to readopt a 2017 memo issued by former EPA Administrator Scott Pruitt (the Pruitt Memo) concerning the Clean Air Act's New Source Review (NSR) permitting program. The Pruitt Memo, which was rescinded by the Biden administration in 2022, provided that EPA would not “second-guess” pre-project emissions projections made by permit applicants and/or state permit writers, providing applicants and state permitting agencies increased latitude in determining whether certain projects triggered NSR requirements. California Air Resources Board Proposes Emergency Vehicle Emissions Regulations<https://www.jdsupra.com/legalnews/california-air-resources-board-proposes-9615004/> Congress’ recent disapproval of the Biden EPA Clean Air Act preemption waiver for California’s Advanced Clean Cars II and Omnibus vehicle emission standards have prompted California to promulgate emergency regulations reinstating its prior vehicle standards. The Evolving Regulatory Landscape of PFAS and Biosolids in Agriculture<https://www.jdsupra.com/legalnews/the-evolving-regulatory-landscape-of-2828956/> The U.S. Environmental Protection Agency’s (EPA) January 2025 draft risk assessment on per- and polyfluoroalkyl substances (PFAS) in biosolids has sparked significant concern across the agricultural sector. The EPA’s modeling suggests that even 1 part per billion (ppb) of perfluorooctanoic acid (PFOA) or perfluorooctane sulfonate (PFOS) in biosolids could pose health risks—a threshold many argue is impractical and could function as a de facto ban on biosolids use. The public comment period for the draft risk assessment was set to close in March 2025 but, after several extensions, closed in mid-August. EPA's PFAS Rulemaking Trajectory: Key Updates Across CERCLA, TSCA, RCRA, SDWA and CWA<https://www.jdsupra.com/legalnews/epa-s-pfas-rulemaking-trajectory-key-2703214/> The U.S. Environmental Protection Agency (EPA) is retaining its Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) designations for perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) and plans to propose a new framework to guide future designations with economic impact considerations. EPA Sharpens the Focus of Its PFAS Regulatory Framework (October 2025 Update)<https://www.jdsupra.com/legalnews/epa-sharpens-the-focus-of-its-pfas-6388452/> There has been a flurry of recent federal activity regarding PFAS on the part of the U.S. Environmental Protection Agency (EPA). EPA has doubled down on certain regulatory fronts, defending key hazardous substance designations for PFOA and PFOS, while simultaneously scaling back certain PFAS drinking water limits. These developments, together with EPA’s latest Unified Regulatory Agenda, reveal a more targeted approach to PFAS regulation in certain respects while, on the whole, continuing the march toward increased governmental obligations. California Environmental Law & Policy Update 10.10.25<https://www.jdsupra.com/legalnews/california-environmental-law-policy-2995213/> California Fish and Game Commission grants six-month extension for CDFW’s burrowing owl status review PFAS Primer Quarterly Update | 2025 Q3 – Setting the PFAS standard<https://www.jdsupra.com/legalnews/pfas-primer-quarterly-update-2025-q3-7339702/> In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA outlines its plans for PFAS rules and states continue advancing PFAS restrictions. Environmental Notes - October 2025<https://www.jdsupra.com/legalnews/environmental-notes-october-2025-5871642/> On September 4, 2025, the White House published its Semiannual Agenda of Regulatory and Deregulatory Actions in which it discussed EPA’s plans regarding the issuance or revocation of regulations under certain environmental laws including the Toxic Substances Control Act (TSCA), the Safe Drinking Water Act (SDWA), the Clean Air Act (CAA), and the National Environmental Policy Act (NEPA). Till Waste Do Us Part? EPA Says "I Do" to Biden-Era PFAS "Forever Chemicals" Rule (For Now)<https://www.jdsupra.com/legalnews/till-waste-do-us-part-epa-says-i-do-to-8427523/> In May 2024, the EPA issued a final rule designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS), two substances under the PFAS umbrella, as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances. EPA Prioritizes TSCA Review of New Chemicals Used in Data Centers<https://www.jdsupra.com/legalnews/epa-prioritizes-tsca-review-of-new-8150368/> Efforts are underway to support data center development with respect to new chemicals that may be used in such projects. EPA has provided instructions on what to include in a cover letter to receive priority review of new chemicals to be used in data centers or corresponding infrastructure and components. “A submission will be accepted for prioritized review if there are concrete steps taken toward planning the project and there is a tangible relationship between the submitter and an entity involved in the project planning.” PFAS Drinking Water Standards Litigation Paused Amid Government Shutdown; Briefing Scheduled for Hazardous Substance Designation Case<https://www.jdsupra.com/legalnews/pfas-drinking-water-standards-9888502/> On October 3, 2025, the U.S. Court of Appeals for the D.C. Circuit granted EPA’s unopposed motion to hold the PFAS drinking water standards litigationin abeyance due to the lapse in appropriations as a result of the government shutdown. The order directed the parties to file motions governing further proceedings within ten days after appropriations are restored and the DOJ attorneys are permitted to resume their usual civil litigation functions. Controversy Over State and Tribal Rights Under Clean Water Act Section 401 Continues<https://www.jdsupra.com/legalnews/controversy-over-state-and-tribal-2145872/> Ten members of Congress representing New York districts have petitioned Gov. Kathy Hochul to withhold the state's water quality certification needed for a natural gas pipeline in New York waters. EPA Revisits PFAS Reporting (Again)<https://www.jdsupra.com/legalnews/epa-revisits-pfas-reporting-again-4251956/> On November 10, 2025, the U.S. Environmental Protection Agency (EPA) released the pre-publication draft proposed rule to amend the PFAS reporting requirements under TSCA, entitled “Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Data Reporting and Recordkeeping Under the Toxic Substances Control Act (TSCA); Revision to Regulation.” The proposal aims to augment the exemptions to the scope of the reporting requirements and introduces additional modifications to make the rule “more practical and implementable and reduce unnecessary, or potentially duplicative, reporting requirements for businesses.” Potentially offering even greater flexibility, it concludes with a request for comment on additional provisions. Minnesota’s PFAS Regulation Rejected by Judge<https://www.jdsupra.com/legalnews/minnesota-s-pfas-regulation-rejected-by-2809216/> In a significant development concerning Minnesota’s environmental regulations, an administrative court rejected the Minnesota Pollution Control Agency’s (MPCA) proposed rule on per- and polyfluoroalkyl substances (PFAS) reporting and associated fees.1 This decision, issued on August 29, 2025, highlights procedural and substantive criteria considered in the MPCA’s rulemaking process. EPA Proposes Sweeping Changes to TSCA PFAS Reporting<https://www.jdsupra.com/legalnews/epa-proposes-sweeping-changes-to-tsca-4151314/> The Environmental Protection Agency (EPA) announced targeted amendments to its 2023 PFAS Data Reporting and Recordkeeping Rule, which requires collection and reporting on per- and polyfluoroalkyl substances (PFAS) manufacturing and importing that occurred from 2011 through 2022, under Toxic Substances Control Act (TSCA) section 8(a)(7). D.C. District Court Dismisses Lawsuit Regarding PFAS in Biosolids<https://www.jdsupra.com/legalnews/d-c-district-court-dismisses-lawsuit-9338950/> A federal district court has dismissed a lawsuit brought by farmers, environmental groups and local governments against the Environmental Protection Agency (EPA), according to the opinion issued by Judge Dabney L. Friedrich in Farmer v. EPA. The plaintiffs—who filed their suit in August 2024—alleged that EPA failed to meet its statutory duty under the Clean Water Act (CWA) and Administrative Procedure Act (APA) to identify and regulate PFAS in agricultural biosolids. California Environmental Law & Policy Update 11.14.25<https://www.jdsupra.com/legalnews/california-environmental-law-policy-8174123/> EPA proposes exemptions for ‘forever chemical’ reporting requirements EPA Posts FAQs Regarding Pesticides Containing a Fluorinated Carbon<https://www.jdsupra.com/legalnews/epa-posts-faqs-regarding-pesticides-4465512/> The U.S. Environmental Protection Agency (EPA) has posted a web page entitled “Pesticides Containing a Fluorinated Carbon.” EPA states that among other classes of pesticides, it “occasionally receives and evaluates registration applications for products containing one or more fluorinated carbons.” According to EPA, per- and polyfluoroalkyl substances (PFAS) are defined “in certain contexts” as substances containing two or more fluorinated carbons, and in others as substances containing one or more fluorinated carbons. EPA notes that to date, it has not adopted a particular definition for the Office of Pesticide Programs (OPP) “because each substance is evaluated on a chemical-specific basis regardless of classification. ” Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency Proposed Rule<https://www.jdsupra.com/legalnews/waters-of-the-united-states-clean-water-4449576/> The United States Environmental Protection Agency and the United States Department of the Army (collectively, “EPA”) has published a Pre-Publication Notice proposing a rule that would revise the regulations defining the scope of waters federally covered under the Clean Water Act. See EPA-HQ-OW-2025-0322. Environmental Vanguard: November 2025 Edition<https://www.jdsupra.com/legalnews/environmental-vanguard-november-2025-9077546/> The Environmental Vanguard is a quarterly newsletter from McGuireWoods, bringing key insights from leading environmental attorneys and consultants at the forefront of regulatory, litigation and policy developments. This issue covers the proposed rule to revise the definition of “waters of the United States” under the Clean Water Act. It also discusses important updates impacting the Chemical Safety and Hazard Investigation Board, the Toxic Substances Control Act, the Clean Air Act and coal ash disposal under the Resource Conservation and Recovery Act. Contaminants Compass: November 2025 Edition<https://www.jdsupra.com/legalnews/contaminants-compass-november-2025-9020389/> Contaminants Compass is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS) and similar chemicals and products. Three Pending Superfund Appeals Could Shape CERCLA’s Future Application<https://www.jdsupra.com/legalnews/three-pending-superfund-appeals-could-5514038/> Federal appellate courts are currently confronting pivotal questions about hazardous substance designations, cultural natural resource damages, and judicial oversight of EPA settlements. California Environmental Law & Policy Update 11.21.25<https://www.jdsupra.com/legalnews/california-environmental-law-policy-9347193/> EPA acts to leave more wetlands out of the scope of Clean Water Act protections Environmental Amnesia and EPA’s Documerica Project<https://www.jdsupra.com/legalnews/environmental-amnesia-and-epa-s-7407410/> Ecologists often decry a problem known as “shifting baselines.” The kelp forests, whales and sea otters around Monterey Bay we witness today are extraordinary. But if you asked someone who had lived in the area 40 years earlier, they would say that today’s sea life is only a shadow of how amazing it used to be. And someone who had witnessed the area even 40 years earlier would say the same about how much more magnificent it used to be. From National Law Review: EPA Releases Draft Risk Evaluation for Octamethylcyclotetrasiloxane<https://natlawreview.com/article/epa-releases-draft-risk-evaluation-octamethylcyclotetrasiloxane> On 17 September 2025, the US Environmental Protection Agency (EPA) released a draft risk evaluation for octamethylcyclotetrasiloxane (D4). Although EPA risk evaluations are based on theoretical and conservatively modeled conditions that are often criticized, the draft evaluation demonstrates a shift in the EPA’s position as it relates to D4. For the first time, the agency has concluded that D4 may pose an unreasonable risk to human health and the environment under certain circumstances. The EPA found that D4—a chemical precursor widely used to produce various silicone chemicals and an ingredient in certain personal care products—presents unreasonable risk to human health via several potential exposure pathways that are covered under the Toxic Substances Control Act (TSCA). EPA Stands by PFAS Hazardous Substance Designation: Implications for Property Owners and Developers<https://natlawreview.com/article/epa-stands-pfas-hazardous-substance-designation-implications-property-owners-and> The U.S. Environmental Protection Agency (EPA) has reaffirmed its 2024 decision to designate two PFAS chemicals—perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS)—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In a September 2025 court filing, EPA committed to defending the designations against ongoing challenges in the D.C. Circuit Court of Appeals. The designations, effective since July 2025, remain enforceable and impose strict liability for reporting releases and cleanup costs. For property owners, developers, and lenders, EPA’s decision underscores the need to evaluate and manage PFAS-related risks in transactions, redevelopment projects, and ongoing site management. The designations carry immediate consequences for the real estate market. New Mexico Posts Public Involvement Plan for PFAS Rulemaking<https://natlawreview.com/article/new-mexico-posts-public-involvement-plan-pfas-rulemaking> The New Mexico Environment Department (NMED) has posted a Public Involvement Plan (PIP) for implementing the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act (HB 212). Effective October 8, 2025, the PIP provides public participation opportunities and information needed for the community to engage in rulemaking, enforcement, and policy development under the Act. The PIP also identifies information about affected communities and resources needed by NMED to incorporate public participation into the decision-making process. California Enacts Framework for Lifting Moratorium on Intrastate Carbon Dioxide Pipelines<https://natlawreview.com/article/california-enacts-framework-lifting-moratorium-intrastate-carbon-dioxide-pipelines> On October 10, 2025, Governor Newsom signed SB 614 into law, which establishes a pathway to lifting the current moratorium on use of intrastate carbon dioxide (CO2) pipelines in California in connection with CO2 capture, removal, or sequestration (CCRS) projects. The new law also directs the Office of the State Fire Marshal (OSFM) to adopt regulations governing CO2 pipeline transportation in California by July 1, 2026, that are at least as protective as the regulations proposed and issued in only pre-publication form earlier this year by the federal Pipeline and Hazardous Safety Administration (PHMSA). The enactment of a pathway for lifting the current moratorium on CO2 pipeline transportation, at least for intrastate pipelines, is a key development for the advancement of CCRS projects in California, which are necessary for the state to meet its climate change mitigation goals. TSCA Reforms Preview May Come During Senate Hearing<https://natlawreview.com/article/tsca-reforms-preview-may-come-during-senate-hearing> On October 23, 2025 at 10:30am, the Senate Committee on Environment and Public Works (EPW) will hold a hearing that is titled “Examining the Beneficial Use and Regulation of Chemicals“, which may provide clues about upcoming TSCA reforms. The hearing was convened by the EPW’s Chemical Safety Subcommittee, chaired by Senator John Curtis (R-Utah). EPA Moving Forward Soon with Rulemaking to Modify and Expand the RCRA Universal Waste Rule for Lithium Batteries and Solar Panels<https://natlawreview.com/article/epa-moving-forward-soon-rulemaking-modify-and-expand-rcra-universal-waste-rule> The U.S. Environmental Protection Agency (EPA) recently indicated that it will proceed with a rulemaking first announced by the Biden administration to improve the recycling and management of wastes from the generation and storage of renewable energy by (a) modifying the existing “universal waste” requirements under the Resource Conservation and Recovery Act (RCRA) for lithium batteries and (b) expanding the universal waste rule to cover waste photovoltaic (PV) solar panels. According to the latest Regulatory Agenda, EPA expects to issue a proposed rule in February 2026, with a final rule in August 2027. Due to the current government shutdown, the schedule may face some delays. In any event, there may be a small window of opportunity to try influencing the upcoming proposal. The Supreme Court’s Tariff Case and Its Ripple Effects for Chemical Regulation<https://natlawreview.com/article/supreme-courts-tariff-case-and-its-ripple-effects-chemical-regulation> On Wednesday, November 5, 2025, the Supreme Court of the United States heard arguments on executive tariff authority, a case that promises to have ripple effects far beyond the bounds of pure trade law. Trump v. V.O.S. Selections, Inc., No. 25-250.In the chemical sector — where global chemical feedstocks, complex supply chains, and regulatory compliance are already famously complicated — the stakes are especially high. If the Court limits or invalidates the President’s ability unilaterally to impose broad tariffs under statutes such as the Trade Expansion Act of 1962 (Section 232) and the International Emergency Economic Powers Act (IEEPA), the chemical and pesticide industry (and its regulatory ecosystem) will need to adjust quickly. Conversely, if such power is affirmed or even expanded, chemical and pesticide manufacturers and regulators must brace for compliance shocks and additional supply chain disruption. Missouri Court of Appeals Finds No Duty to Defend or Indemnify in Class Action Involving Environmental Contamination Beginning in the 1960s<https://natlawreview.com/article/missouri-court-appeals-finds-no-duty-defend-or-indemnify-class-action-involving> A recent Missouri Court of Appeals decision provides helpful precedent for liability insurers facing legacy environmental claims and class actions. The court strictly construed the policy period, concluding that claims based on conduct or injury occurring after the expiration of the policy were not covered, even if the underlying contamination began earlier. ECHR Climate Decision- Five Key Takeaways for Companies<https://natlawreview.com/article/echr-climate-decision-five-key-takeaways-companies-0> A recent European Court of Human Rights (ECHR) decision on the obligations of European states to study carbon-intensive permitting decisions crystallizes how global climate commitments may be beginning to harden into justiciable standards in some jurisdictions. Wendy Wang Partner wendy.wang@bbklaw.com T: (213) 787-2554 bbklaw.com| Holiday Greetings from BBK!