Over the summer, the U.S. Environmental Protection Agency (EPA) published a final rule amending the Emergency Planning and Community Right-to-Know Act (EPCRA) hazardous chemical inventory reporting regulations, at 40 C.F.R. Part 370, which became effective on August 21, 2026. The rule conforms EPA’s regulations for EPCRA Sections 311 and 312 hazardous chemical inventory reporting to amendments that the Occupational Safety and Health Administration (OSHA) made to its Hazard Communication Standard (HazCom) in 2012 and 2024. Facilities must use the new hazard categories beginning January 1, 2028. EPA expects those changes to be reflected in 2027 EPCRA Section 312 annual reports due March 1, 2028.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Alana Gendersonhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngAlana Genderson2026-09-10 13:12:312026-09-10 18:11:40EPA + OSHA: Better Together? EPA Aligns EPCRA Chemical Reporting With OSHA’s Hazard Communication Standard
On August 31, 2026, the National Highway Traffic Safety Administration (NHTSA) published an interpretive rule concluding that it lacks statutory authority to establish standalone fuel economy standards for engines used in certain commercial medium-duty and heavy-duty (MDHD) on-highway vehicles. The new interpretation reverses an approach NHTSA has followed since 2011 and is the latest step in what the agency has described as an effort to “reset” its federal fuel economy programs.
https://environmentalhealthsafetybrief.sidley.com/wp-content/uploads/sites/4/2025/04/Heavy-Duty-Truck-at-Sunset.jpg400600Adam M. Ravivhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngAdam M. Raviv2026-09-09 12:26:512026-09-09 12:26:51NHTSA Reverses Course on Standalone Engine Fuel Economy Standards for Medium- and Heavy-Duty Vehicles
On September 4, 2026, the U.S. Environmental Protection Agency (EPA) and the Department of the Army, U.S. Army Corps of Engineers (together, the agencies), announced a supplemental notice of proposed rulemaking (SNPRM) that requests additional public input on rules the agencies are considering to reflect the appropriate extent of federal Clean Water Act (CWA) jurisdiction over streams and wetlands. The SNPRM follows on the heels of roughly 220,000 comments the agencies received on their November 20, 2025 proposal to revise the definition of “waters of the United States” (WOTUS) in light of Sackett v. EPA, 598 U.S. 651 (2023), and it meaningfully expands the range of alternatives the agencies are considering for the final rule.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Samuel B. Boxermanhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSamuel B. Boxerman2026-09-08 09:51:302026-09-08 09:53:04EPA and the Army Corps Seek Comment on Another WOTUS Alternative for Implementing Sackett v. EPA
On August 31, 2026, the U.S. District Court for the Northern District of New York struck down New York’s Climate Change Superfund Act (the Act). As we reported when the Act was signed into law in 2024, the Act established a Climate Change Adaptation Cost Recovery Program authorizing New York to recover $75 billion over 25 years from fossil fuel companies for their alleged contributions to greenhouse gas (GHG) emissions. As we also reported when challengers filed suit in February 2025, a coalition of twenty-two states and multiple industry associations had argued that the Act was preempted by the Clean Air Act (CAA) and violated the Supremacy Clause, among other issues. Chief U.S. District Court Judge Brenda K. Sannes agreed, granting summary judgment in favor of the challengers and holding that the Act is preempted by federal law and cannot be enforced.
https://environmentalhealthsafetybrief.sidley.com/wp-content/uploads/sites/4/2025/04/abstract-1.jpg400600Samuel B. Boxermanhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSamuel B. Boxerman2026-09-01 14:15:142026-09-01 14:15:14Federal Court Strikes Down New York’s Climate Change Superfund Act
U.S.-based entities with at least $1 billion in global annual revenue that do business in California should revisit their 2026 SB 253 compliance plans following the release, by the California Air Resources Board (CARB), of 15-day modifications to its proposed regulations. The modifications provide additional time and flexibility within the first program year, allow parent companies to submit consolidated reports, and clarify how companies should assess whether they are covered.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Caleb J. Bowershttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngCaleb J. Bowers2026-08-04 14:06:462026-08-04 14:06:46SB 253/SB 261 Update: What CARB’s 15-Day Modifications Mean for Business Compliance Plans
On July 30, on the last day of the SAE International Automated Transportation Symposium, the National Highway Traffic Safety Administration (NHTSA) released several rulemakings and announcements focused on automated driving systems (ADS). These announcements further NHTSA’s efforts to, in the agency’s words, “accelerate American automated vehicle (AV) innovation.” In remarks at the conference, NHTSA’s Administrator Jonathan Morrison indicated the agency’s approach “is one of balance, combining policy choices that enable innovation with an unapologetic exercise of our oversight and enforcement authorities.”
https://environmentalhealthsafetybrief.sidley.com/wp-content/uploads/sites/4/2025/06/AdobeStock_213612076.jpg400600Adam M. Ravivhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngAdam M. Raviv2026-08-04 11:14:012026-08-04 11:14:01NHTSA Announces a Host of Actions on Autonomous Vehicles
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.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Maureen F. Gorsenhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngMaureen F. Gorsen2026-07-17 11:32:112026-07-17 11:32:11Court Order Blocks Enforcement of California’s SB 343 Recycling Law and Could Impact State’s Extended Producer Responsibility Program
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.”
https://environmentalhealthsafetybrief.sidley.com/wp-content/uploads/sites/4/2025/10/MN-21065-Images-for-Environmental-Blog-14-1.jpg313600Caleb J. Bowershttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngCaleb J. Bowers2026-07-15 13:05:272026-07-15 13:05:27Federal Agencies Rescind Endangered Species Act Definition of “Harm,” Narrowing the Scope of Prohibited Activity Affecting Wildlife
EPA + OSHA: Better Together? EPA Aligns EPCRA Chemical Reporting With OSHA’s Hazard Communication Standard
Over the summer, the U.S. Environmental Protection Agency (EPA) published a final rule amending the Emergency Planning and Community Right-to-Know Act (EPCRA) hazardous chemical inventory reporting regulations, at 40 C.F.R. Part 370, which became effective on August 21, 2026. The rule conforms EPA’s regulations for EPCRA Sections 311 and 312 hazardous chemical inventory reporting to amendments that the Occupational Safety and Health Administration (OSHA) made to its Hazard Communication Standard (HazCom) in 2012 and 2024. Facilities must use the new hazard categories beginning January 1, 2028. EPA expects those changes to be reflected in 2027 EPCRA Section 312 annual reports due March 1, 2028.
(more…)
Alana Genderson
Washington, D.C.
alana.genderson@sidley.com
Rachel F. Wittenberg
Chicago
rachel.wittenberg@sidley.com
NHTSA Reverses Course on Standalone Engine Fuel Economy Standards for Medium- and Heavy-Duty Vehicles
On August 31, 2026, the National Highway Traffic Safety Administration (NHTSA) published an interpretive rule concluding that it lacks statutory authority to establish standalone fuel economy standards for engines used in certain commercial medium-duty and heavy-duty (MDHD) on-highway vehicles. The new interpretation reverses an approach NHTSA has followed since 2011 and is the latest step in what the agency has described as an effort to “reset” its federal fuel economy programs.
(more…)
Adam M. Raviv
Washington, D.C.
adam.raviv@sidley.com
Rachel F. Wittenberg
Chicago
rachel.wittenberg@sidley.com
EPA and the Army Corps Seek Comment on Another WOTUS Alternative for Implementing Sackett v. EPA
On September 4, 2026, the U.S. Environmental Protection Agency (EPA) and the Department of the Army, U.S. Army Corps of Engineers (together, the agencies), announced a supplemental notice of proposed rulemaking (SNPRM) that requests additional public input on rules the agencies are considering to reflect the appropriate extent of federal Clean Water Act (CWA) jurisdiction over streams and wetlands. The SNPRM follows on the heels of roughly 220,000 comments the agencies received on their November 20, 2025 proposal to revise the definition of “waters of the United States” (WOTUS) in light of Sackett v. EPA, 598 U.S. 651 (2023), and it meaningfully expands the range of alternatives the agencies are considering for the final rule.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Federal Court Strikes Down New York’s Climate Change Superfund Act
On August 31, 2026, the U.S. District Court for the Northern District of New York struck down New York’s Climate Change Superfund Act (the Act). As we reported when the Act was signed into law in 2024, the Act established a Climate Change Adaptation Cost Recovery Program authorizing New York to recover $75 billion over 25 years from fossil fuel companies for their alleged contributions to greenhouse gas (GHG) emissions. As we also reported when challengers filed suit in February 2025, a coalition of twenty-two states and multiple industry associations had argued that the Act was preempted by the Clean Air Act (CAA) and violated the Supremacy Clause, among other issues. Chief U.S. District Court Judge Brenda K. Sannes agreed, granting summary judgment in favor of the challengers and holding that the Act is preempted by federal law and cannot be enforced.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Jack Raffetto
Washington, D.C.
jraffetto@sidley.com
Lauren E. DeCarlo
Chicago
lauren.decarlo@sidley.com
SB 253/SB 261 Update: What CARB’s 15-Day Modifications Mean for Business Compliance Plans
U.S.-based entities with at least $1 billion in global annual revenue that do business in California should revisit their 2026 SB 253 compliance plans following the release, by the California Air Resources Board (CARB), of 15-day modifications to its proposed regulations. The modifications provide additional time and flexibility within the first program year, allow parent companies to submit consolidated reports, and clarify how companies should assess whether they are covered.
(more…)
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Maureen F. Gorsen
Century City
maureen.gorsen@sidley.com
Alexandra Sirota
Century City
alexandra.sirota@sidley.com
NHTSA Announces a Host of Actions on Autonomous Vehicles
On July 30, on the last day of the SAE International Automated Transportation Symposium, the National Highway Traffic Safety Administration (NHTSA) released several rulemakings and announcements focused on automated driving systems (ADS). These announcements further NHTSA’s efforts to, in the agency’s words, “accelerate American automated vehicle (AV) innovation.” In remarks at the conference, NHTSA’s Administrator Jonathan Morrison indicated the agency’s approach “is one of balance, combining policy choices that enable innovation with an unapologetic exercise of our oversight and enforcement authorities.”
(more…)
Adam M. Raviv
Washington, D.C.
adam.raviv@sidley.com
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.
Maureen F. Gorsen
Century City
maureen.gorsen@sidley.com
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Brooklyn Hildebrandt
Los Angeles
bhildebrandt@sidley.com
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.”
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Lauren E. DeCarlo
Chicago
lauren.decarlo@sidley.com
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