Disaster Assistance Programs: Federal, State Governments Respond to Pennsylvania Freeze Event 
On May 26, 2026, the U.S. Department of Agriculture (USDA) announced that Agriculture Secretary Brooke Rollins had “signed a disaster designation for 17 counties in Pennsylvania due to damage and losses caused by below-freezing temperatures that occurred April 19 through April 21, 2026,” allowing
BESS and the Japan Power Market The Current State of Play at LTDA Auction Round 3
Japan’s Long-Term Decarbonization Power Source Auction Round 3 results signal a maturing BESS market, with stricter eligibility requirements, evolving balancing market regulations, and emerging co-location opportunities changing the investment landscape for energy storage developers.
First District Holds CEQA Review of Calaveras Reservoir Fishing Program Proposed Pursuant to Health and Safety Code Requirements Is Prerequisite to Reservoir Owner San Francisco’s Application to SWRCB for Amended Water Supply Permit Allowing Public Fishing; Rejects Mandate Petitioner’s Arguments that State Statutes and Constitution Imposed Ministerial Duty on City to Provide Immediate Public Fishing Access to Reservoir In Its Natural State
“Fishing is an art of patience and timing.” – Daan Uijterwaal
In a published opinion filed May 29, 2026, the First District Court of Appeal (Div. 3) affirmed a judgment denying a petition for a writ of ordinary mandamus to compel public agency respondents, including the City and County of San Francisco (“City”) and the
New York’s 2026 Enacted Budget Advances SEQRA Reforms, Promoting Housing Construction and Streamlining Environmental Review Timelines
New York’s FY 2026–2027 budget reforms SEQRA to accelerate housing and infrastructure through expanded exemptions, updated timelines, and preserved environmental safeguards.
Does a Negligent Phase I Result in Loss of the CERCLA Innocent Purchaser Defense?
Buyers of contaminated real estate may wish to avoid Superfund liability — and similar liability under Pennsylvania law — by conducting thorough pre-purchase environmental due diligence, commonly known as a “Phase I environmental site assessment.”
EPR Takes a Drag: Maine Enacts Vape-Specific Stewardship Program
On April 23, 2026, Maine became the first U.S. state to enact an extended producer responsibility (EPR) law that targets “electronic smoking devices” used to consume nicotine and cannabis. The Act to Create a Stewardship Program for Electronic Smoking Devices and Related Products (LD 1519) applies to every company that qualifies as a
New York Budget Amends the State’s Climate Leadership and Community Protection Act
New York’s 2026 Enacted Budget introduces significant amendments to the Climate Leadership and Community Protection Act, revising greenhouse gas emission targets, updating emissions accounting methodology, and extending the DEC’s regulatory deadline to 2028. Stakeholders with matters before the State may wish to monitor how agencies apply the revised framework, as these changes may materially affect
Begin the Begin: EPA Proposes Revisions to “Begin Actual Construction”
R.E.M. track “Begin the Begin” starts A birdie and a hand for life’s rich demand. Well, regulated entities demanded, and the birdie delivered EPA’s proposed rule to revise the New Source Review (NSR) preconstruction permitting regulations and expand the scope of activities allowed prior to issuance of a NSR permit. The rule proposal redefines “begin actual construction”
PADEP’s Plans to Address PFAS in Biosolids
As previously discussed, biosolids (also referred to as sewage sludge), are commonly used in agriculture, mine reclamation, and landscaping to provide nutrients to soils and promote plant growth. Concerns related to the potential presence of PFAS in biosolids have led to increased regulatory scrutiny, including through EPA’s Draft Risk Assessment for PFOA and
EU ETS: European Commission Announces Additional Flexibilities, Including Updated Benchmarks
The package of measures recognises the need to promote energy security and combat rising costs.
By Michael D. Green and James Bee
Key Points:
- The Commission has outlined areas of ETS reform, including updated benchmarks for free allocations and a new €30 billion ETS Investment Booster.
- A medium-term ETS review is expected by July 2026