Second Federal Court Strikes Down New York’s Climate Change Superfund Act
On September 23, 2026, a second federal district court struck down New York’s Climate Change Superfund Act (the Act), this time in a lawsuit brought by the United States and the U.S. Environmental Protection Agency (EPA). In United States v. State of New York, Judge P. Kevin Castel of the U.S. District Court for the Southern District of New York held that the Act is preempted both by the Clean Air Act (CAA) and, independently, by the federal government’s exclusive authority over foreign affairs. The Court declared the Act unconstitutional and permanently enjoined New York officials from enforcing it.
EPA Issues Final Rule Repealing Most 2024 Power Plant GHG Standards and a Proposal That Would Eliminate the Remaining Power Plant GHG Standards
On September 14, 2026, the U.S. Environmental Protection Agency (EPA) took two related actions to substantially change the federal framework for regulating greenhouse gas (GHG) emissions from fossil fuel-fired power plants under Clean Air Act Section 111.
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.
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.
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.
SB 253 Update: CARB Still Wrestling With Draft Regulations in March 2026
Companies preparing to comply with California’s SB 253 and submit their first required disclosures in August 2026 received additional guidance this week from the California Air Resources Board (CARB). At a public workshop on March 23, CARB outlined proposed approaches under its developing rulemaking, including options for phasing in compliance over time, and solicited public feedback on those concepts. The following article summarizes the key developments from that workshop.
New York is Latest State to Finalize Greenhouse Gas Reporting Rules for 2026
The New York State Department of Environmental Conservation (NYDEC) finalized its long-awaited Mandatory Greenhouse Gas (GHG) Reporting Program (Part 253), which implements GHG reporting requirements for businesses in New York consistent with directives under the 2019 Climate Leadership and Community Protection Act (CLCPA) and aids the State in meeting obligations under the northeast Regional Greenhouse Gas Initiative (RGGI). The final rule is, in part, the result of an October 2025 court order that required NYDEC to promulgate regulations addressing climate change after NYDEC initially failed to issue the regulations by the CLCPA deadline. Part 253, as finalized, largely conforms with the draft regulations NYDEC proposed in 2025 but includes revisions to address some of the concerns raised by industry stakeholders. New York becomes the fourth state to implement a GHG reporting program after California, Washington, and Oregon.
California Environmental Law Update: Key Legislative and Regulatory Updates To Track in 2026
California enacted a wide-ranging slate of environmental and climate legislation in 2025 and in prior years, with many of the resulting requirements taking effect in 2026 that will impact companies operating in or doing business with the state. These developments span climate disclosure and financial reporting, greenhouse gas regulation, energy and fuel markets, California Environmental Quality Act (CEQA) reform, and public health and safety standards. The below roundup highlights a collection of key new statutes and regulatory changes that the industry should be tracking now to assess compliance obligations and strategic planning considerations heading into 2026 and future years.
Council on Environmental Quality Issues Long Awaited Guidance for Environmental Review Across Agencies
On September 29, 2025, the Council on Environmental Quality (CEQ) issued long-awaited guidance to formalize agencies’ individual efforts to implement the National Environmental Policy Act (NEPA). After rescinding the CEQ regulations that shaped NEPA for 40+ years and bearing witness to various agencies’ independent efforts to issue their own NEPA rules, CEQ issued new guidance to more systematically guide the agencies’ efforts. As CEQ notes, “NEPA implementation reform now has been called for, authorized, and directed by all three branches of government at the highest possible level: Congress, the President, and the Supreme Court.” The guidance reflects direction from each.
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.
