On January 15, 2026, the Environmental Protection Agency (EPA) published the long-awaited proposed rule Updating the Water Quality Certification Regulations (Proposed Rule), which, if adopted, would largely reinstate the previous Trump administration’s 2020 Clean Water Act Section 401 Certification Rule (2020 Rule). EPA’s proposal seeks to limit the scope of state-issued water quality certifications (WQCs) under Section 401 of the Clean Water Act (CWA) to water quality impacts associated with discharges authorized by federal agency actions. The Proposed Rule also addresses concerns raised by applicants for federal licenses and permits (including for hydroelectric projects, natural gas pipelines, and other energy and infrastructure projects) that certain states have overstepped their Section 401 authority to impose onerous terms and conditions unrelated to water quality and artificially extended the statutory time limits for issuing WQCs.
US Army Corps of Engineers Finalizes 2026 Nationwide Permit Package
On January 8, 2026, the U.S. Army Corps of Engineers finalized 57 Nationwide Permits first proposed in June of last year. Nationwide Permits (NWPs) are streamlined federal permits for activities that affect waters of the United States, ranging from routine development and infrastructure projects to major projects. In this action
CARB Kicks Off Holiday Season with Release of Proposed Initial Rule Implementing California Climate Disclosure Laws
On December 9, 2025, the California Air Resources Board (CARB) released a rulemaking package for its proposed “initial regulation” to implement California’s landmark climate disclosure laws: Senate Bill (SB) 253, requiring annual reporting of Scope 1, Scope 2, and Scope 3 greenhouse gas (GHG) emissions, and SB 261, requiring the disclosure of climate-related financial risks. CARB also announced an in-person and virtual public hearing on the proposed rule to be held during the board’s regularly scheduled meeting on February 26, 2026.
Spin Doctor: Court Strikes Down Wind Permitting Freeze As Illegal
On Monday, the U.S. District Court for the District of Massachusetts struck down the freeze on federal permits for wind energy projects — a central component of the Wind Presidential Memorandum (the Wind Order) issued on the first day of the current administration. Judge Patti Saris’s opinion held that the Wind Order is arbitrary and capricious and contrary to law under the Administrative Procedure Act (APA), and directed that it be vacated in full — meaning the ruling applies nationally. The decision was previewed in the court’s preliminary order in July indicating that the Wind Order was on shaky legal ground, citing a lack of administrative record to support the Wind Order and precedent from cases involving analogous moratoriums for offshore oil and gas. Despite the major win for wind, though, there is still significant uncertainty regarding how this administration will respond to the ruling and how it will affect wind energy permitting going forward.
Navigating a New WOTUS Definition: Agencies Redefine the Line
Over the past decade, the definition of “waters of the United States” (WOTUS) has shifted repeatedly, creating uncertainty for permitting and project planning. Building on the Supreme Court’s Sackett v. EPA decision, the EPA and the U.S. Army Corps of Engineers (together, the agencies) announced a proposal this week to further refine which water features qualify as WOTUS by narrowing key definitions and codifying — and expanding — exclusions. The proposal would apply across all Clean Water Act (CWA) programs that rely on WOTUS, including permitting under Sections 404 and 402, water quality certifications under Section 401, and Total Maximum Daily Loads (TMDLs) for impaired waters under Section 303. The proposal is directionally deregulatory, meaning fewer waters are likely to be considered federally jurisdictional and therefore regulated. The new definition was published in the Federal Register on Thursday, marking the start of a 45-day public comment period through January 5, 2026. The public comment page can be accessed here.
Groundhog Day: Proposed Revisions to ESA Regulations (Mostly) Reinstate the 2019 Rules
This article was republished in the December 2025 edition of E-Outlook, the Environmental & Natural Resources Section of the Oregon State Bar’s newsletter.
This week, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) proposed revisions to the Endangered Species Act (ESA) regulations that, if finalized, will generally restore the regulations adopted in 2019, during President Trump’s first term. The proposed regulations were published in the Federal Register on November 21, 2025, starting a 30-day public comment period that ends on December 21, 2025.
CARB Delays Rulemaking on California Climate Laws
On October 14, 2025, the California Air Resources Board (CARB) quietly announced it was delaying its release of a proposed rulemaking on California’s climate laws.
While the rules were originally mandated by January 1, 2025, a statutory amendment in 2024 pushed that deadline to July 1, 2025. As that date came and went without any proposed rulemaking, CARB announced its intent in a public workshop on August 21, 2025, to publish proposed rules on October 14. On that date, CARB instead posted a sentence on the “resources” section of its website that read, “CARB is proposing an updated timeline for bringing the initial rulemaking (including the fee-related provisions) to the board in Q1 2026.”
CARB Releases List of Entities Potentially Subject to Climate Disclosure Requirements
On September 24, 2025, the California Air Resources Board (CARB) published a list of entities it believes may be subject to the state’s climate disclosure laws, Senate Bill (SB) 253 and SB 261, which require companies “doing business in California” and meeting certain revenue thresholds to disclose their greenhouse gas emissions (SB 253) and climate-related financial risks (SB 261). Both laws require disclosing entities to pay CARB annual implementation fees. The preliminary list is “intended to support development of the fee regulation” according to CARB‘s announcement. However, the list is generating surprise and confusion among the regulated (and non-regulated) community, some of whom expected to find themselves on the list, and others who did not. Adding to the confusion, CARB made clear that the list includes entities that, at least under its initial staff concepts, would be exempt from the laws; the list also appears to include insurance companies that may be statutorily exempt from SB 261.
Clarity on California’s Climate Disclosure Rules Could Be on the Horizon
As the January 1, 2026, deadline to make the first required disclosure under California’s landmark climate laws approaches, the California Air Resources Board (CARB) has announced that it will host another virtual public workshop on August 21 to discuss its ongoing efforts to develop regulations implementing California Senate Bills (SBs) 253 and 261. SB 253 (updated by SB 219) and SB 261, which are now codified in Sections 38532 and 38533 of the California Health and Safety Code, mandate certain entities to disclose climate-related financial risks by January 1, 2026, and greenhouse gas (GHG) emissions by a date to be determined later in 2026. As CARB announced in its May 29, 2025, workshop, the agency does not intend to issue draft regulations until the end of the year, despite SB 219’s July 1, 2025, deadline. This has left many companies potentially affected by those regulations in the dark regarding whether they will be required to make disclosures. CARB’s August 21 workshop may finally provide clarity on some of the key applicability questions that remain unanswered as these 2026 disclosure deadlines loom.
CARB Releases FAQs Addressing Upcoming California Climate Disclosures
On July 9, 2025, the California Air Resources Board (CARB) released a series of frequently asked questions (FAQs) related to its efforts to implement California’s landmark climate disclosure laws, SB 253 (requiring reporting of GHG emissions) and SB 261 (requiring disclosure of climate-related financial risks). Although draft implementing regulations are not anticipated before December 2025, public and private companies subject to the laws’ requirements face their first compliance deadlines beginning January 1, 2026.