New Year, New Packaging Requirements: Extended Producer Responsibility Update
State extended producer responsibility (EPR) programs for packaging materials are no longer on the horizon — as we enter 2026, requirements in some states have already taken effect and more will be implemented this year. Last year, packaging “producers,” including brand owners, manufacturers, distributors, and others saw programs move into operational phases, primarily through a single Producer Responsibility Organization (PRO), the Circular Action Alliance (CAA). Implementation continues across programs in Oregon, Colorado, and California, as well as other states planning to set new requirements. As we begin 2026, covered producers should review these changes and assess the appropriate compliance methodology within their supply chains.
The State of Play in California for Autonomous Vehicles
More autonomous vehicles are operating in California than anywhere else in America. And yet California has some of the most extensive autonomous regulations in the country. While some other states have taken a relatively laissez-faire approach to autonomous vehicles, California’s rules are lengthy and elaborate. Even as various operators have been able to work through the requirements to operate in the state, they have been a major lift. And autonomous heavy trucking has been entirely prohibited. (more…)
CARB Proposes to Repeal Advanced Clean Fleets Regulation
The California Air Resources Board (CARB) has proposed to repeal the High-Priority and Drayage components of the Advanced Clean Fleets (ACF) regulations. The proposal also includes changes to the Low Carbon Fuel Standard (LCFS) regulations and implements AB 1594 (flexibility for public utilities).
U.S. EPA Eliminates Key Scope 3 Role, Leaving Gap Ahead of SB 253 Compliance
On July 28, 2025, the U.S. Environmental Protection Agency (EPA) eliminated the positions and unit responsible for maintaining the Extended Input-Output (EEIO) model, a key federal tool used to calculate Scope 3 greenhouse gas (GHG) emissions. The move signals a likely end to federal support for EEIO emissions factors, presenting challenges for companies preparing to comply with California’s landmark climate disclosure law, SB 253 (as amended by SB 219). As federal involvement recedes, the private sector and California regulators may fill the gap, introducing uncertainty about how Scope 3 emissions will be quantified going forward.
California’s CEQA Reforms Offer Narrow Exemptions — With One Powerful Exception
The California legislature recently passed SB 131 and AB 130, two bills designed to streamline environmental review under the California Environmental Quality Act (CEQA). While publicly touted as significant CEQA reform, the legal impact is more constrained, offering little relief for most industrial, commercial, or logistics-related development. SB 131 does, however, significantly expand the Governor’s discretionary power to designate certain large-scale private projects for streamlined CEQA treatment, offering potential opportunity for selected developers.
California Proposes Adding Microplastics to Candidate Chemicals List – Comment Period Open Through August 4, 2025
The California Department of Toxic Substances Control (DTSC) has proposed to amend its Safer Consumer Products (SCP) regulations by adding microplastics to the Candidate Chemicals List (Cal. Code Regs., tit. 22, § 69502.2). While this proposed action does not impose immediate compliance obligations, it has substantial implications because once microplastics are listed as Candidate Chemicals, DTSC may identify consumer products containing microplastics as Priority Products. The identification of a Priority Product triggers requirements under California law for manufacturers and entities throughout the supply chain, who must assess alternative product formulations and are subject to response measures prescribed by DTSC.
SB 54 Regulations Public Comment Period Open Until June 3, 2025
CalRecycle has released amendments to the proposed regulations implementing California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) and published its Report to the Legislature describing the program’s broader implementation. CalRecycle is accepting public comments on the proposed changes to the regulations through tomorrow, June 3, 2025.
U.S. Fish and Wildlife Service Proposes New Critical Habitat Designation in California
The U.S. Fish and Wildlife Service (FWS) has proposed designating approximately 760,000 acres in California as critical habitat for four distinct population segments (DPSs) of the foothill yellow-legged frog, a species that is listed as either endangered or threatened under the Endangered Species Act (ESA). The critical habitat designation includes areas within the geographical range of the foothill yellow-legged frog that contain the physical or biological features that FWS has deemed essential to the species’ conservation, as well as areas outside the current range that are deemed necessary for the species’ recovery. EPA based its determination on the “best available scientific data after taking into consideration the economic impact, national security impact, and any other relevant impact of specifying any particular area as critical habitat.”
California Kicks Off Special Legislative Session in Response to Presidential Election
On December 2, California lawmakers began a special legislative session, convened by Democratic Governor Newsom, aimed at bolstering state support for opposing the incoming U.S. presidential administration.
17 States File Complaint Challenging Constitutionality of California’s Advanced Clean Fleets Regulation
On May 13, 2024, 17 states filed a complaint in the U.S. District Court for the Eastern District of California challenging California’s Advanced Clean Fleets (ACF) regulation.
