Congress Signals Changes to EPA-OSHA Coordination for Chemical Safety Regulation in 2026 Spending Package
As part of the 2026 appropriations package, on January 6, 2026, the U.S. House and Senate Committees on Appropriations issued a joint statement outlining several procedural changes they are seeking for the U.S. EPA’s regulation of toxic chemical substances. The appropriations bill passed in the House last week, and is now pending before the Senate.
EPA Memo Emphasizes “Compliance First” Enforcement Approach
On December 5, EPA’s Office of Enforcement and Compliance Assurance (OECA) issued a memorandum to staff affirming a “compliance first” approach to civil enforcement. The memo, signed by Acting Assistant Administrator Craig J. Pritzlaff, applies to all civil enforcement matters and reflects EPA leadership’s instruction to staff regarding inspections, investigations, and enforcement negotiations.
EPA and Army Corps Propose to Narrow Federal Jurisdiction Under the Clean Water Act
On Monday, November 17, 2025, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively, the “Agencies”) released a pre-publication proposed rule to revise the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA). The proposal responds to the U.S. Supreme Court’s 2023 decision in Sackett v. EPA, 598 U.S. 651 (2023), but goes further than the Biden Administration’s response to the Sackett ruling in August 2023 (the “Conforming Rule”).[1] Sidley’s blog post on the prior administration’s rule can be found here.
EPA Proposes Exemptions to TSCA PFAS Reporting Rule
On November 13, 2025, the U.S. Environmental Protection Agency (EPA) published a proposed rule that would revise the scope of EPA’s Toxic Substances Control Act (TSCA) Section 8(a) rule requiring a one-time expansive data submission on per- and polyfluoroalkylated substances (PFAS Reporting Rule). The proposal introduces several exemptions designed to reduce compliance costs and improve implementation. The revisions aim to make the one-time PFAS reporting requirements more practical, particularly for small manufacturers and importers, while preserving EPA’s access to use and exposure information. EPA will accept public comments until December 29, 2025.
EPA, Departments of Interior and Energy Announce New Coal-Friendly Policy Initiatives
On September 29, 2025, the Trump Administration unveiled a sweeping set of policy initiatives aimed at revitalizing the U.S. coal sector that spans multiple federal agencies and includes measures such as increased funding and financial incentives, relief from environmental regulatory requirements, and increased access to public lands. In the unveiling, the Administration emphasized the importance of American “energy dominance” and the increased demand for electricity to power artificial intelligence (AI) in order to ensure that the United States wins “the AI arms race” — two themes commonly highlighted by the Administration and its top officials.
EPA Proposes Revisions to TSCA Risk Evaluation Framework for Existing Chemicals
On Tuesday, September 23, 2025, the U.S. Environmental Protection Agency (EPA) published a proposed rule to revise its procedural framework for conducting risk evaluations for chemicals already in commerce under the Toxic Substances Control Act (TSCA) (Proposed Framework Rule). The purpose of risk evaluation is to determine whether an existing chemical substance presents an unreasonable risk to health or the environment, under the conditions of use. Risk evaluation is the second step in EPA’s existing chemical process under TSCA, before EPA develops and proposes a rule to manage any such unreasonable risks.
EPA Proposes Overhaul of Greenhouse Gas Reporting Program
On September 16, 2025, the U.S. Environmental Protection Agency (EPA) published a proposed rule that would fundamentally reshape the federal Greenhouse Gas Reporting Program (GHGRP). 90 Fed. Reg. 44591 (Sept. 16, 2025). If finalized, this action would mark a further shift in federal greenhouse gas (GHG) policy and advance the administration’s broader deregulatory agenda.
Trump EPA Releases First Regulatory Agenda of Second Term – Key Takeaways and Timelines
The Trump Administration’s Spring 2025 Unified Agenda underscores the EPA’s central role in reshaping federal regulations. From PFAS standards to greenhouse gas rules and permitting reforms, the agenda highlights rollbacks of climate-related measures while introducing new compliance timelines. Companies should prepare now to engage on rules that will directly impact operations in energy, manufacturing, and beyond.
D.C. Circuit Upholds U.S. EPA’s HFC Cap-and-Trade Program Under AIM Act
On August 1, 2025, the U.S. Court of Appeals for the D.C. Circuit upheld the U.S. Environmental Protection Agency’s (EPA) authority under the American Innovation and Manufacturing (AIM) Act to phase down hydrofluorocarbons (HFCs) through a cap-and-trade program. In IGas Holdings, Inc. v. EPA, No. 23-1261, a unanimous panel rejected constitutional and administrative law challenges from refrigerant industry members, finding that the AIM Act provides a clear “intelligible principle” to guide EPA’s allowance allocation. The Court also held that EPA’s decision to exclude 2020 market data from its allocation methodology was not arbitrary and capricious.
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.
