Challenging a slew of state climate-related laws and programs, President Trump’s April 8, 2025 executive order (EO) set the stage for more legal fights between the federal government and states. In the new EO, “Protecting American Energy from State Overreach,” Trump took aim at state laws and programs that address greenhouse gas emissions (GHGs), climate change, environmental justice, and environmental, social, and governance (ESG). Some states have already indicated they will oppose the Trump administration’s efforts.
California Sets Stage to Improve Hazardous Waste Management
In what should be welcome news to industry and others who generate hazardous waste in California (including contaminated soil), the California Environmental Protection Agency (CalEPA), through the Department of Toxic Substances Control (DTSC), released a Draft Hazardous Waste Management Plan: A Modern Approach to a Circular Economy (Plan) on March 15. As provided in the Plan, DTSC proposes to potentially simplify the characterization of hazardous waste, provide for alternative management standards for certain hazardous wastes, and adopt certain existing U.S. EPA recycling exemptions and exclusions.
CARB Solicits Public Input on Greenhouse Gas and Climate Risk Disclosure Laws
On December 16, 2024, the California Air Resources Board (CARB) requested public feedback to “help inform its work to implement” the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261) (see our summary of these 2023 laws here). The “information solicitation” was issued shortly after California State Senator Scott Wiener and Senator Henry Stern, who authored the bills, penned a letter to CARB expressing their frustration with CARB’s apparent lack of momentum in advance of a July 2025 statutory deadline to adopt regulations governing the greenhouse gas (GHG) and climate risk disclosures that large entities “doing business in California” must make beginning in 2026. CARB is accepting comments in response to the solicitation for 60 days, through February 14, 2025.
California Open to Input on Endangered Species Listing for Burrowing Owl
The western burrowing owl was just recently elevated to a “candidate species” under the California Endangered Species Act (CESA) by the California Department of Fish and Wildlife (CDFW). As a candidate species, the owl now has
California Proposes Significant Changes to Product Packaging Regulations
What Happened
On Monday, October 14, 2024, the California Department of Resources Recycling and Recovery (CalRecycle) opened a public comment period on changes to the previously proposed regulations implementing the Plastic Pollution Prevention and Packaging Producer Responsibility Act (Act). The 15-day written comment period runs through Tuesday, October 29, 2024.
California Law Highlights the Need to Prepare for Climate Disclosures
The march toward mandated corporate disclosures for climate-related risks continues. Despite significant pushback and substantial legal challenges, state legislatures and regulators are continuing to advance laws and rules that will require disclosures of both greenhouse gas (GHG) emissions and climate risks.
California Senate Bill (SB) 219, signed into law
EPA’s Newest Emission Reduction and Reclamation Program Breaks Refrigerants and Cooling Status Quo
The U.S. Environmental Protection Agency (EPA) has finalized regulations impacting a large swath of refrigeration and cooling equipment industries. The new regulations are the most recent EPA action addressing the use of hydrofluorocarbons (HFCs), greenhouse gases often used to replace ozone-depleting substances for refrigeration and cooling, under the American Innovation
Are Plastics the New PFAS?
A recent conference led by Connecticut Attorney General (AG) William Tong discussed the alleged problems and potential solutions associated with plastics use and waste. Conference attendees included nearly two dozen representatives from state AG offices, medical and public health researchers, and leaders in the recycling and reclamation industry. Conversations focused
EPA Makes Major Changes to Risk Management Program Under Clean Air Act
On March 11, the U.S. Environmental Protection Agency (EPA) published the long-awaited Safer Communities by Chemical Accident Prevention Rule (Final Rule), which concluded a nearly decadelong process — spanning three administrations — to update EPA’s Risk Management Program (RMP) under the Clean Air Act (CAA).
SEC Issues Final Climate Disclosure Rules, Paring Down Its 2022 Proposal, With Implications for Greenwashing Claims
The U.S. Securities and Exchange Commission (SEC) has issued its long-awaited climate reporting requirements, making it mandatory for the largest publicly traded companies in the U.S. to annually disclose both greenhouse gas (GHG) emissions and their material climate risks, with some requirements kicking in as early as 2025. On March 6, the SEC voted 3-2 along party lines to pass a pared down version of its March 2022 proposal, giving regulated companies the final word on the much-anticipated rule.