A second federal judge has struck down New York’s Climate Change Superfund Act and barred its enforcement. On September 23, 2026, Judge P. Kevin Castel of the U.S. District Court for the Southern District of New York issued a decision granting summary judgment to the United States and the U.S. Environmental Protection Agency (EPA), declaring the Act unconstitutional, and permanently enjoining New York officials from enforcing it in United States v. New York, No. 1:25-cv-03656 (S.D.N.Y. Sept. 23, 2026).

Continue Reading ›

Noting that “Summer’s lease hath all too short a date,” it is still surprising to learn how many notable court rulings and administrative law determinations are made in late summer. Here are some instances.

Continue Reading ›

Federal Clean Water Act jurisdiction may be about to get considerably narrower. On September 4, 2026, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced a supplemental notice of proposed rulemaking that would limit federal authority over streams and wetlands to those containing water year-round—a “perennial” standard that would go beyond even what the Supreme Court required in Sackett v. EPA, 598 U.S. 651 (2023). The supplemental notice offers two options for revising the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA): One would define “relatively permanent” waters as perennial, and the other would require perennial surface water to establish a wetland’s continuous surface connection to a jurisdictional water. If adopted, either option would substantially reduce the number of streams, wetlands and other water features subject to federal permitting, with the sharpest effects in arid and semi-arid regions where rainfall patterns leave many waterways dry for portions of the year.

Continue Reading ›

On August 18, 2026, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit upheld EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). In Chamber of Commerce of the United States v. EPA, the court rejected challenges to EPA’s interpretation of CERCLA Section 102(a), the adequacy of its notice and comment process, its analysis of costs and benefits, and its decision to proceed despite uncertainty about future response actions and costs.

Continue Reading ›

A federal judge in the Northern District of New York has struck down New York’s Climate Change Superfund Act, ruling that the “polluter pays” climate law is preempted by federal law and “simply beyond the limits of state law.” The court concluded that the Clean Air Act (CAA) does not authorize New York’s compensation scheme, which calculates liability based on greenhouse gas (GHG) emissions attributable to worldwide fossil fuel extraction and refining. It separately held that any cost-recovery demand against a foreign producer would be preempted under the constitutional foreign affairs doctrine, which limits state intrusion into matters committed predominantly to the federal government. The court directed the parties to file a status report by September 14, leaving the form of further relief unresolved. In practical terms, the court has decided that the Act is preempted and cannot be enforced but has not yet determined the precise terms of its final order, including whether to formally enjoin its enforcement.

Continue Reading ›

In a closely watched first for state packaging extended producer responsibility (EPR) programs, a federal court has upheld Oregon’s recycling law on the merits. On August 27, 2026, following a five-day bench trial, the U.S. District Court for the District of Oregon held that Oregon’s Plastic Pollution and Recycling Modernization Act (RMA) does not violate the U.S. Constitution’s dormant Commerce Clause or the Fourteenth Amendment’s Due Process Clause. National Association of Wholesaler-Distributors v. Feldon, No. 3:25-cv-01334-SI, Findings of Fact and Conclusions of Law (D. Or. Aug. 27, 2026). The ruling follows a February preliminary injunction that applied to the National Association of Wholesaler-Distributors (NAW) and its members while the case moved to trial. As the first merits decision to uphold a modern state packaging EPR program against these constitutional challenges, the decision is likely to shape both pending litigation in other states and how producers approach compliance as state EPR programs move from design to enforcement. For producers subject to state packaging EPR programs, this decision adds judicial backing to the expanding regulatory framework of mandatory producer accountability, with direct implications for compliance planning, cost allocation, and financial disclosure.

Continue Reading ›

On August 18, 2026, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit upheld the 2024 designation by the U.S. Environmental Protection Agency (EPA) of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). (See Chamber of Commerce of the United States of America, et al. v. EPA, No. 24-1193 (D.C. Cir. Aug. 18, 2026).)

Continue Reading ›

In our latest roundup, U.S. Chamber of Commerce creates Housing Advisory Council, a legal battle develops over new federal rules related to mortgage escrow accounts, hospitality dealmakers pursue ‘bigger, higher-conviction’ M&A, and more!

Continue Reading ›

In our latest roundup, office vacancies fall, fair housing advocacy groups sue HUD, foreign buyers reduce purchases of U.S. residential real estate, and more!

Continue Reading ›

In our latest roundup, AI creates new real estate play for VCs, Wall Street sells more rental homes, builders capitalize on flood of water projects and more!

Continue Reading ›