On August 18, 2026, the U.S. Court of Appeals for the D.C. Circuit rejected industry challenges to the designation by U.S. Environmental Protection Agency (EPA) of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The decision upholds the 2024 rule, preserving EPA’s authority to investigate releases, direct certain cleanups, and pursue recovery of response costs involving these two per- and polyfluoroalkyl substances (PFAS) compounds, often called “forever chemicals.”
Continue Reading D.C. Circuit Upholds PFAS Hazardous Substance Designation While Keeping CERCLA Risk in Focus
energy
New Law Takes Aim at GHG Associated with California’s Water Sector
By Mike Mills & Allison Smith on
The recent wave of climate change legislation in California also included a new and not particularly well-known law aimed at curbing greenhouse gas (“GHG”) emissions associated with water use. SB 1425 will create a voluntary registry to track the water sector’s energy use and GHG emissions.
According to Senator Pavley, the author of SB 1425, “While some of the water-energy related climate pollution is already covered in the state’s cap-and-trade program (via the electricity generation sector), the state does not currently have a clear accounting of the total greenhouse gas emissions associated with the water system.”
SB 1425 requires CalEPA to oversee the development of a registry for GHG emissions that result from the “water-energy nexus” using the best-available data. Participation in the registry is voluntary and open to water agencies, large water consumers, businesses and others conducting business in the state. SB 1425 provides that entities participating in the registry may qualify for GHG emission reduction incentives.
Continue Reading New Law Takes Aim at GHG Associated with California’s Water Sector
U.S. Department of Interior Moves to Streamline Solar Development in the West
By Kristen Castaños on
Posted in Energy
On July 24, 2012, the U.S. Department of the Interior announced that it will publish the Final Programmatic Environmental Impact Statement (“Solar PEIS”) for solar energy development in six southwestern states—Arizona, California, Colorado, Nevada, New Mexico, and Utah. The Solar PEIS is a major step ahead in the permitting of utility-scale solar energy…