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
Environmental Law & Policy Monitor
Analysis and commentary on developments in environmental and natural resources law
Environmental Law & Policy Monitor, published by Troutman Pepper Locke, covers developments in environmental regulation and policy, focusing on federal and state regulatory actions, litigation, and legislative changes. Topics include climate change disclosure laws, renewable energy permitting, Clean Water Act jurisdiction and definitions, Endangered Species Act regulatory revisions, and chemical substance reporting requirements under TSCA. The blog tracks administrative rulemakings, court decisions affecting environmental statutes, and agency enforcement policies, providing updates on regulatory frameworks impacting environmental compliance, natural resource management, and sustainability initiatives.
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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…
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…
One Stop Shop: Court Confirms Exclusive Jurisdiction of U.S. Courts of Appeals Over Review of Licensed Hydropower Projects
In a significant victory for the hydropower industry, last week the U.S. District Court for the District of Oregon issued an order in Cascadia Wildlands v. EWEB (Case No. 6:25-00446), reaffirming that the U.S. courts of appeals, on review of…
Illegal Eagles: DOI Sinks Its Talons Even Deeper Into Wind Energy
The frenetic pace of anti-renewable actions from the U.S. Department of the Interior (DOI) has continued into this week with the issuance of a new memorandum from Greg Wischer, deputy chief of staff for policy, directing the U.S. Fish and…
Renewables in the Crosshairs: DOI and DOT Announce Numerous New Anti-Wind and Solar Orders and Policies
During the week of July 28, the Trump administration unleashed a new burst of actions aimed squarely at blocking wind and solar energy with the announcement of two new secretarial orders (SO) and three new policies by the Department of…
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…
FERC Revises Regulations Implementing NEPA; Adopts Two Hydropower-Related Categorical Exclusions
On July 3, 2025, the Federal Energy Regulatory Commission (FERC) issued a final rule revising its regulations implementing the National Environmental Policy Act of 1969 (NEPA) to remove references to the recently rescinded regulations implementing NEPA originally promulgated in 1978…
Well, Well: Outlook for CCUS Projects in Texas Improves as EPA Proposes to Delegate Permitting Authority and the Texas Supreme Court Clarifies Pore Space Ownership
On June 17, the Environmental Protection Agency (EPA) published a proposed rule to approve Texas’s application for primary permitting and enforcement responsibility (primacy) for carbon dioxide (CO2) sequestration wells pursuant to the Safe Drinking Water Act’s (SDWA) Class VI Underground…
Texas Legislature Tilts Against Windmills: Is This the End of Wind Energy on the Texas Coast?
By Ben Cowan
Much has been written in recent weeks about how the renewable energy industry in Texas dodged a bullet — several bullets actually — when three high-profile bills targeting the industry failed to pass in the recent legislative session that ended…