Insights on Environmental

On July 14, a California federal court granted a preliminary injunction blocking the California Attorney General from enforcing Senate Bill 343 (SB 343), a law regulating recyclability claims on products and packaging.

Businesses often focus on whether a regulation is lawful under the Administrative Procedure Act (APA), an inquiry that traditionally turns on whether an agency action is arbitrary and capricious. Recent US Supreme Court decisions suggest a different question may come first: whether courts ever reach that analysis at all.

The US Supreme Court’s 2024 decision in Seven County Infrastructure Coalition v. Eagle County endorsed a narrower vision of the National Environmental Policy Act (NEPA), focused on informing agency decisions rather than producing exhaustive analyses of indirect, cumulative, or policy-related impacts.

The US Environmental Protection Agency (EPA) recently released its proposed Sixth Unregulated Contaminant Monitoring Rule (UCMR 6), which would establish the parameters that water systems must monitor.

While it may seem like there are fewer calls of late to “electrify everything,” the legal debate over whether “gas bans” — local ordinances that prohibit use of fossil fuel-powered appliances in new construction — continues.

ArentFox Schiff partners Amy Antoniolli and Robert Middleton will speak at the Illinois Solar Energy & Storage Association’s (ISEA) Business Member Webinar: CRGA Trailer Bill & Regulatory Proceedings Update on July 9, 2026.

Products and packaging manufactured for sale or distribution in California after October 4 must either meet recyclability criteria or remove recyclability claims, including the popular “chasing arrows” symbol.

On June 24, the California Air Resources Board (CARB) announced that it is planning to delay the first-year reporting deadline for Scope 1 and Scope 2 greenhouse gas (GHG) emissions under SB 253 (the Climate Corporate Data Accountability Act) from August 10 to November 10.

State policymakers are recalibrating how they regulate and incentivize data center development.

The Federal Aviation Administration (FAA) and US Department of Defense have stalled project reviews.

ArentFox Schiff is pleased to announce that 68 attorneys were recognized as leaders in their field and 25 practices spanning the firm’s litigation, regulatory, and transactional capabilities, as well as key industries, were ranked among the best in the country in the 2026 edition of Chambers USA: America’s Leading Lawyers for Business.

On May 28, the US Environmental Protection Agency (EPA) issued a final rule that reinstates the longstanding emergency affirmative defense provision under the Clean Air Act’s Title V operating permit programs (the “Emergency AD” rule).

In a recent win for renewable energy developers, the Michigan Court of Appeals confirmed that Michigan law prohibits local governments from imposing requirements on wind, solar, and energy storage projects more restrictive than state law.

Sustainability reports have become a routine part of corporate disclosures for many US companies, even though no single federal law requires them.

A Will County circuit court ordered the county board to issue permits for six solar energy projects in one of the first decisions applying last month’s landmark Equity Solar appellate ruling.

Classes of children are often named as plaintiffs in climate litigation, with complaints stressing the need for judicial intervention to overcome gridlock in the political branches.

In a significant win for the energy industry, the Maryland Supreme Court affirmed the dismissal of three municipal lawsuits alleging that energy companies engaged in deceptive practices related to the promotion of fossil fuels.

Environmental Partner Mike Showalter will speak about the EPA’s shifting enforcement approach at a free webinar hosted by the Washington Legal Foundation on April 21, 2026.

As in 2025, the first few months of 2026 have seen fashion and retail companies operating in an environment where legal developments increasingly shape day-to-day business decisions, and the same is expected to continue throughout the rest of the year.

For the first time, an Illinois appellate court has held that Illinois counties must issue siting permits to solar facilities that meet certain state standards.

ArentFox Schiff secured a significant victory for Equity Solar Illinois in a permitting dispute between the solar energy developer and Grundy County, Illinois, resulting in the state’s first appellate ruling that Illinois counties must issue siting permits to solar facilities that meet certain state standards.

Partner J. Michael Showalter, International Bar Association Environment, Health, and Safety Law Committee officer, was quoted on President Trump’s January memorandum removing the United States from 66 international organizations and instruments, including 31 entities tied to the United Nations.

A recent Michigan federal court decision emphasizes the need to review the separateness of corporate entities so that operational issues associated with one entity do not result in potential exposure for others.

A federal court’s recent ruling shields members of a national trade association from Oregon’s Extended Producer Responsibility (EPR) program pending trial, raising constitutional questions that could affect similar programs in other states.

On February 12, the US Environmental Protection Agency (EPA) announced the elimination of EPA’s 2009 Greenhouse Gas (GHG) Endangerment Finding and all subsequent federal GHG emission standards for vehicle model years 2012 and newer — a move that will dramatically limit federal government engagement on climate issues.