Insights on Environmental

According to an anonymous US Environmental Protection Agency (EPA) employee, the agency is considering whether to propose a rule that would require the agency to reevaluate the health and environmental risks of certain chemicals, including per- and polyfluoroalkyl substances (PFAS).

President Trump’s energy-focused ambitions will generate work for regulators at all levels of the government.

The California Senate Environmental Quality Committee passed California Senate Bill 682 aiming to ban the sale of products with intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) unless deemed to have “essential uses” and without alternatives.

Public companies can face significant liability based on past operations. While most industrial companies have long-term experience evaluating potential remediation obligations imposed by laws such as the federal Comprehensive Environmental Response, Compensation, and Liability Act, new legal theories and increased litigation from state and local governments heightens the potential for risk.

Government Relations Partner Elizabeth Horner will present on a panel titled “Drafting Legislation” in Washington, DC, on April 8, 2025, as part of a National Academies workshop.

The US Department of Justice (DOJ) is planning a major reorganization of the Environment and Natural Resources Division (ENRD) that includes consolidating several sections within the division into other DOJ divisions, as well as eliminating field offices.

Right now, much about the world is uncertain. Risks posed by political changes dominate the headlines and also weigh heavily on many decisions made by businesses, their advisors, and their stakeholders.

Stan Abramson will speak on the Legal Liability Panel at the Biological Products Industry Alliance’s (BPIA) 2025 Annual Meeting in Sacramento, California, on April 2, 2025. His work is focused on chemical, biological, and biotechnology products for agricultural, industrial, and consumer use.

2025 will be a transformational year for the beverage and food industry, which has already been dramatically impacted by shifting market trends and profound policy changes. Here are the top five topics influencing the strategies and growth plans of beverage and food companies.

Earlier this month, California Governor Gavin Newsom directed the state’s recycling agency, CalRecycle, to restart the process of issuing regulations for California’s landmark plastic and packaging extended producer responsibility (EPR) law.

On the litigation front, a federal judge denied an attempt by the Cookware Sustainability Alliance (CSA) to halt Minnesota’s current ban on intentionally added per- and polyfluoroalkyl substances (PFAS) in cookware. However, the industry group continues to advocate for cookware exemptions with a track record of success across the nation.

The full scope of the Trump Administration’s deregulatory efforts in the environmental space was recently made clear with a series of announcements from US Environmental Protection Agency (EPA) Administrator Lee Zeldin.

The first weeks of the Trump Administration have been defined by executive orders and new policies that were immediately challenged on constitutional or statutory grounds.

In the US Supreme Court’s first post-Chevron decision involving the US Environmental Protection Agency (EPA) the Supreme Court found against EPA, invalidating ‘end result’ NPDES permit requirements.

The new Administration under President Trump is now over a month old, but there remains some uncertainty as to how the Administration will approach agricultural policy. The Administration’s first wave of environmental pronouncements have focused mainly on energy and climate initiatives, while some of the messaging challenging agricultural tools like pesticides have signaled a possible departure from the deregulatory approach of the prior Trump Administration.

ArentFox Schiff is pleased to announce that six thought leaders have been recognized by the 2025 JD Supra Readers’ Choice Awards, acknowledging the visibility and engagement their thought leadership has earned among readers during the past year.

For the last several years, consumer class actions targeting “greenwashing” have become increasingly common. In 2024, Lululemon Athletica Inc. and Lululemon USA Inc. were on the receiving end of such a lawsuit, but they recently prevailed on a motion to dismiss.

A Biden-era US Department of Labor (DOL) Rule permitting consideration of environmental, social, and governance (ESG) factors when choosing investments as a “tiebreaker” was recently upheld by Texas federal Judge Matthew Kacsmaryk. This decision applied the US Supreme Court’s 2024 ruling in Loper Bright v. Raimondo, revisiting three topics lost in 2025’s Department of Government Efficiency-era drama.

Amidst mounting per- and polyfluoroalkyl substances (PFAS) regulation and litigation, the Multidistrict Litigation (MDL) judge overseeing the federal litigation related to firefighting foam has scheduled a “Science Day.”

Last month, the Illinois General Assembly passed a bill establishing prevailing wage requirements and tax incentives for high voltage transmission line and utility-scale battery storage projects.

The Trump Administration is beginning to roll out its policy plans to “dominate” the global energy space. These plans tackle energy transition issues in a dramatically different manner than did the Biden Administration, particularly by leaning into fostering the development of resources, including fossil fuels, nuclear, and hydroelectric power that provide reliable “baseload” supply. This comes as no surprise given President Trump’s promise to “drill, baby, drill” at the inauguration.

The initial weeks of the second Trump Administration has seen fast and furious changes to US government policies touching nearly every aspect of policy.

ArentFox Schiff represented Triumvirate Environmental, Inc. in its recently completed transaction with Boston-based private equity firm, Berkshire Partners, pursuant to which Berkshire made a significant growth investment in Triumvirate, based upon a company valuation of $1.8 billion.

The Trump Administration has issued a memo directing a temporary freeze on all environmental litigation to allow for review and potential reconsideration by the new Administration of its position in these matters.

Many parties are rightly concerned about the impact of yesterday’s announcement that nearly all federal funds will be frozen for an indeterminate period. Minutes before it was intended to go into effect today, a federal judge in Washington, DC, temporarily ordered the freeze to be lifted until at least Monday February 3, when a full hearing will occur as to whether the freeze is permissible under federal administrative procedure laws and the First Amendment.