Court Order Blocks Enforcement of California’s SB 343 Recycling Law and Could Impact State’s Extended Producer Responsibility Program

Companies that manufacture products bearing recyclability labels have received temporary relief from impending compliance obligations. On July 14, 2026, the U.S. District Court for the Southern District of California issued a preliminary injunction preventing California, “the State,” from enforcing SB 343, the “Truth in Recycling” law, as litigation continues. The law was set to take effect on October 4, 2026, and the preliminary injunction could impact the implementation of SB 54, California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act, which establishes the State’s Extended Producer Responsibility (EPR) program.

Federal Agencies Rescind Endangered Species Act Definition of “Harm,” Narrowing the Scope of Prohibited Activity Affecting Wildlife

The U.S. Fish and Wildlife Service and National Marine Fisheries Service have issued a final rule rescinding the regulatory definition of “harm” under the Endangered Species Act (ESA). The change is significant because the longstanding definition provided that prohibited “harm” could include significant habitat modification or degradation that kills or injures protected wildlife by impairing essential behavioral patterns, such as breeding, feeding, sheltering, spawning, rearing, or migrating. After the rule becomes effective, the agencies will instead apply the ESA’s statutory definition of “take” without a separate definition of “harm.”

The Department of Transportation’s 2026 Regulatory Agenda: Acceleration of Autonomous Vehicle Rulemaking and Future Action on Fuel Economy

On July 7, 2026, the Department of Transportation released its 2026 unified rulemaking agenda. Many of the items on it relate to autonomous driving systems. They signal that the Trump Administration is accelerating its efforts to promote the development and deployment of autonomous technologies, while — with notable exceptions, particularly fuel economy — putting other regulatory efforts on the back burner. (more…)

SB 253 Update: CARB Delays Reporting Deadline to November 2026 and Proposes to Clarify Requirements

Companies preparing to comply with California’s Senate Bill (SB) 253 and submit their first required disclosures in August 2026 have received an update this week from the California Air Resources Board (CARB) that will delay reporting deadlines. On June 24, 2026, CARB deferred the deadline for entities to report Scope 1 and Scope 2 greenhouse gas (GHG) emissions from August 10, 2026 to November 10, 2026. The three-month deferral will provide additional time for reporting entities following the anticipated approval and formal adoption of CARB’s proposed regulation. CARB will propose limited changes to the regulation to clarify requirements. These changes will be made available for comment in a forthcoming 15-day public comment period.

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NHTSA Proposes Amending Federal Brake Standards for Autonomous Vehicles

On June 26, the National Highway Traffic Safety Administration published another proposed rulemaking designed to promote the deployment of autonomous vehicles on public roads.  The proposal would amend Federal Motor Vehicle Safety Standard (FMVSS) No. 135, “Light vehicle brake systems,” by removing requirements for hand- and foot-operated brake controls in vehicles that operate without a human driver, while retaining stopping distance performance requirements.  This rulemaking represents a meaningful—if still incremental—step in modernizing the federal regulatory framework for autonomous vehicles, particularly those that are manufactured without the standard equipment designed for human drivers.

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OSHA Schedules Public Hearings on Deregulatory Proposals

The Occupational Safety and Health Administration (OSHA) has scheduled several informal public hearings on more than 20 deregulatory rulemaking proposals that OSHA released last summer, along with a recent proposal addressing compliance deadlines under OSHA’s Walking-Working Surfaces standard. Together, these proposals reach standards that touch employers across a wide range of industries. Stakeholders who want to shape the outcome have a narrow window to act. These virtual hearings kick off beginning Wednesday, August 19, 2026, at 9:30 a.m. EST.

The proposals fit under the administration’s Executive Order 14192 on “Unleashing Prosperity Through Deregulation” and the U.S. Department of Labor’s related deregulatory initiative. OSHA describes its overarching goal as modernizing workplace safety standards, reducing compliance burdens, and increasing flexibility across industries.

EPA Proposal Could Reduce New Source Review-Related Delays for Major Construction Projects

The U.S. Environmental Protection Agency (EPA) recently proposed a rule that could allow project developers of data centers, energy projects, and other facilities to begin certain site-development and infrastructure activities before obtaining a Clean Air Act (CAA) New Source Review (NSR) permit. The proposed rule, published on May 11, 2026, would clarify that certain non-emitting activities may occur before an NSR permit is issued, potentially providing greater flexibility for project development without altering the substantive air permitting requirements applicable to pollutant-emitting equipment. (more…)

The BUILD America 250 Act: Creating a Federal Framework for Autonomous Commercial Vehicles

On May 22, the House Transportation and Infrastructure Committee approved the BUILD America 250 Act, a five-year surface transportation reauthorization bill intended to replace the Infrastructure Investment and Jobs Act (IIJA), which expires on September 30, 2026. In addition to authorizing hundreds of billions of dollars in highway funding and various other measures, the bill includes several provisions focusing on the emerging autonomous trucking industry. The legislation would establish federal safety requirements for commercial autonomous vehicles (AVs), would resolve the contentious issue of warning beacons on driverless trucks, and would potentially preempt at least some state and local regulation.

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<a target=‘_blank’ href="https://www.sidley.com/en/people/b/boxerman-samuel-b">Samuel B. Boxerman</a>

Samuel B. Boxerman

Washington, D.C.
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Keturah A. Brown

Washington, D.C.
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Grace Dickson Gerbas

Dallas
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Terence T. Healey

Boston
<a target=‘_blank’ href="https://www.sidley.com/en/people/i/irvin-kenneth-w">Kenneth W. Irvin</a>

Kenneth W. Irvin

Washington, D.C.
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Casey Khan

Houston
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Michael L. Lisak

Chicago
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Brittany A. Bolen

Washington, D.C.
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Brooklyn Hildebrandt

Los Angeles
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Nicole E. Noëlliste

Washington, D.C.
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Hannah Posen

Chicago
<a target=‘_blank’ href="https://www.sidley.com/en/people/r/raffetto-jack-c">Jack Raffetto</a>

Jack Raffetto

Washington, D.C.

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