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Eminent Domain Challenges Impede Clean Energy Infrastructure Development

Eminent Domain Challenges Impede Clean Energy Infrastructure Development

Legal arguments against the use of eminent domain are increasingly being leveraged to oppose clean energy projects, such as wind farms and transmission lines, across the United States. This trend sees environmental activists, traditionally opposed to fossil fuel infrastructure, aligning with private property rights advocates to challenge the forced sale of land for public use. The R Street Institute highlights that this 'left-right political marriage' is creating significant hurdles for developers of renewable energy infrastructure. Projects like the Wind Catcher wind farm in Oklahoma have been canceled due due to such legal battles, and states like Iowa have banned the use of eminent domain for high-voltage transmission lines carrying wind energy. This development marks a shift where legal tactics previously used against oil and natural gas pipelines are now being applied to clean energy initiatives, slowing their deployment and increasing risks for investors.

Crowell Moring to Host Webinar on Microplastics: Science, Regulation, and Legal Risk

Crowell Moring to Host Webinar on Microplastics: Science, Regulation, and Legal Risk

Crowell Moring to Host Webinar on Microplastics: Science, Regulation, and Legal Risk

USPS Extends Public Comment Period for Environmental Review Rule Changes

USPS Extends Public Comment Period for Environmental Review Rule Changes

The U.S. Postal Service (USPS) has extended the public comment deadline for its interim final rule concerning environmental review procedures. The new deadline for submissions is November 9. This extension provides the public with additional time to review and submit feedback on the rule, which has been in effect since September 25. The interim final rule partially rescinds and revises USPS's previous National Environmental Policy Act (NEPA) implementing procedures. These prior procedures were based on regulations from the Council on Environmental Quality (CEQ) that have since been rescinded. As of October 24, no public comments had been reported on the interim final rule. The rule introduces substantive changes to how USPS conducts environmental reviews, moving beyond just documentation. It streamlines USPS's NEPA regulations to a core set of provisions, including definitions, administrative and routine actions excepted from review, revised categorical exclusions, requirements for determining NEPA applica...

Permitting Reform Bill Proposed to Boost U.S. Copper Production Amid Environmental Debate

Permitting Reform Bill Proposed to Boost U.S. Copper Production Amid Environmental Debate

Four U.S. senators have introduced a major permitting reform bill aimed at accelerating energy and resource development by streamlining environmental reviews. This legislative effort seeks to address the paradox of the U.S. importing 57% of its copper, despite possessing the world's seventh-largest known unmined copper reserves. The bill's proponents argue that current federal permitting burdens can delay domestic resource production for decades, with some mining projects stalled for over 20 years. The Pacific Legal Foundation (PLF) highlights that opening a new mine in the U.S. takes an average of 29 years. Environmental groups, however, are pushing back, expressing concerns that the bill could weaken environmental protections, citing examples like the successful blocking of the Pebble copper mine in Alaska. The debate centers on balancing the need for critical resources, essential for modern society and decarbonization goals, with environmental preservation.

New Law Facilitates Cleanup of Abandoned Hard-Rock Mines, Bodie Mine First Success Story

New Law Facilitates Cleanup of Abandoned Hard-Rock Mines, Bodie Mine First Success Story

The Bodie Mine in rural north-central Washington has become the first site to be cleaned up under the Good Samaritan Remediation Abandoned Hard-Rock Mines Act of 2024. This new law addresses liability issues that previously hindered the cleanup of tens of thousands of abandoned mines across the U.S. The Bodie Mine, which had been contaminating Toroda Creek with heavy metals for decades, saw 790 tons of mine tailings removed and the stream rehabilitated by Trout Unlimited. The project, funded by various sources including the EPA and corporate partners, demonstrates the law's effectiveness in allowing non-liable entities to undertake environmental remediation without assuming future legal responsibility.

FERC Proposes Streamlined Environmental Review for Natural Gas Projects, Reducing Air-Dispersion Modeling Requirements

FERC Proposes Streamlined Environmental Review for Natural Gas Projects, Reducing Air-Dispersion Modeling Requirements

The Federal Energy Regulatory Commission (FERC) issued a Draft Policy Statement on October 15, 2026, proposing significant changes to how it evaluates operational air emissions from interstate natural gas pipeline and liquefied natural gas (LNG) projects under the National Environmental Policy Act (NEPA). The proposal, Docket No. PL26-3-000, aims to streamline environmental reviews by no longer routinely requiring air-dispersion modeling. Instead, FERC would assess quantified operational emissions, existing air quality, applicable Clean Air Act (CAA) requirements and permits, and proposed mitigation measures. Compliance with CAA requirements would generally be considered sufficient to conclude that operational air emissions are not 'significant' for determining the need for an environmental impact statement (EIS). This move follows recent statutory amendments and the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County.

EPA Submits Final Rule on Chemical Risk Evaluation Under TSCA to OMB for Review

EPA Submits Final Rule on Chemical Risk Evaluation Under TSCA to OMB for Review

The Environmental Protection Agency (EPA), specifically its Office of Chemical Safety and Pollution Prevention (OCSPP), has submitted a final rule titled 'Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA)' to the Office of Management and Budget (OMB) for regulatory review. This submission is part of the standard process for federal agencies to finalize significant regulations. The rule, identified by RIN 2070-AL27, is currently pending review under Executive Order 12866. The EPA's action indicates progress in its efforts to implement and enforce the provisions of TSCA, which mandates the agency to evaluate and address the risks posed by chemical substances.

Global Plastics Treaty Negotiations Face Pushback from Oil Producers and Industry Lobbyists

Global Plastics Treaty Negotiations Face Pushback from Oil Producers and Industry Lobbyists

Negotiations for a global plastics treaty are underway, with over 100 countries advocating for significant cuts in plastic production. This international effort aims to address the widespread issue of plastic pollution, building on the success of local and national plastic bans. However, a coalition of oil-producing nations and numerous industry lobbyists are actively resisting these proposed measures. These groups are reportedly working to block progress in the treaty discussions, signaling their concern that such an agreement could pose a substantial threat to their business interests. The push for a global treaty has gained momentum from thousands of local initiatives worldwide that have demonstrated the feasibility and effectiveness of reducing plastic use. For instance, Canada's national ban on single-use plastics recently survived a Federal Court of Appeal challenge in January 2026, with the Supreme Court slated to hear a further appeal from industry. This legal battle highlights the ongoing tension ...

Congresswoman Nancy Mace Introduces Bill to Mandate Microplastic Disclosure in Clothing

Congresswoman Nancy Mace Introduces Bill to Mandate Microplastic Disclosure in Clothing

Congresswoman Nancy Mace has introduced the Clothing Microplastic Transparency Act of 2026. This legislation aims to require clothing companies to disclose the estimated microplastic content in their products. According to Congresswoman Mace, current clothing labels provide fiber content but lack information on microplastics, which have become a growing health concern. The proposed bill mandates that companies selling clothing must use a stamp, tag, label, or similar identification to reveal the estimated mass of microplastics in each item. Furthermore, it directs the Federal Trade Commission (FTC), in collaboration with the Environmental Protection Agency (EPA), to establish regulations within one year of the bill's enactment. These regulations will include a standardized test method for companies to estimate microplastic content. Violations of this act would be considered unfair or deceptive practices under the Federal Trade Commission Act, with enforcement handled by the FTC.

Global Plastics Treaty Negotiations Extended to March 2027 Amidst Calls for Local Action

Global Plastics Treaty Negotiations Extended to March 2027 Amidst Calls for Local Action

The United Nations Intergovernmental Negotiating Committee (INC) has extended discussions for a legally binding global plastics treaty, with the next session now scheduled for March 2027. This delay means that even if an agreement is reached, implementation will take several more years, involving a diplomatic conference, ratification processes, and preparations for the first Conference of the Parties (COP1). Hiroshi Ono, Executive Director of IGES, highlighted that plastic pollution is a global challenge requiring international cooperation. The negotiations aim to harmonize regulations and encourage a transition to a circular economy, but face challenges in reflecting production and consumption limitations and bridging different national starting points. In the interim, cities and local governments are being urged to take proactive steps to address plastic pollution, demonstrating concrete success models from the ground up.

Reusable Bags' Effectiveness Hinges on Consistent Everyday Use, Not Just Purchase

Reusable Bags' Effectiveness Hinges on Consistent Everyday Use, Not Just Purchase

Reusable Bags' Effectiveness Hinges on Consistent Everyday Use, Not Just Purchase

EU Commission Rejects Blanket Forestry Ban During Bird Breeding Season, Advocates Targeted Measures

EU Commission Rejects Blanket Forestry Ban During Bird Breeding Season, Advocates Targeted Measures

The European Commission has clarified that the EU Birds Directive does not mandate a complete halt to timber harvesting throughout the spring and summer bird breeding season. Instead, the Commission's guidance emphasizes that forest managers and national authorities must assess the likelihood of harming birds, destroying nests, or significantly disturbing breeding birds before proceeding with forestry operations. This clarification follows a European court ruling concerning restrictions on tree felling in Estonia, which focused on the interpretation of 'deliberate' harm. The Court of Justice of the European Union determined that harm does not need to be the intended outcome of an operation; felling could be prohibited if an operator knew harm was likely and accepted that risk. However, the Commission stresses that this should not lead to a blanket shutdown of forestry. It advocates for incorporating preventive measures into forest management, such as conducting surveys, adjusting the timing or location of ...