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…)
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.
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…)
EPA Proposes Two-Year Delay of Biden-Era Vehicle Emissions Standards
On May 14, 2026, the U.S. Environmental Protection Agency (EPA) announced that it is reconsidering the criteria pollutant standards for new light- and medium-duty vehicles. The first phase of EPA’s proposal would push back the phase-in schedule of the “Tier 4” criteria pollutant standards from model year 2027 to model year 2029, giving automakers two additional model years to comply with the existing Tier 3 framework before the more stringent requirements begin to apply—and giving EPA time to conduct a second rulemaking to amend the Tier 4 emissions standards.
NHTSA Proposes Amending Federal Crash Avoidance Standards for Autonomous Vehicles
On March 16, the National Highway Traffic Safety Administration published two proposed rulemakings designed to ease the path for manufacturing autonomous vehicles and deploying them on public roads. Both proposals would amend existing Federal Motor Vehicle Safety Standards (FMVSS) by removing requirements for certain safety equipment that may be unnecessary in vehicles without a human driver. These rulemakings represent an incremental step, not a game changer, in paving the way for a driverless future.
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.
OMB’s Office of Information and Regulatory Affairs Issues New Guidance to Accelerate Deregulatory Actions
On October 21, the Office of Information and Regulatory Affairs (OIRA) in the White House Office of Management and Budget (OMB) issued a memorandum aimed at providing guidance for “Streamlining the Review of Deregulatory Actions” to federal agencies. The guidance follows recent Executive Orders (EOs) and a Presidential Memorandum issued earlier in the Trump Administration that emphasized the Administration’s focus on deregulation as a driver of economic growth and government efficiency.
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.