Environmental Law Monitor

October 16, 2025 Clean Power / EPA

EPA Facing Lawsuits Over Cuts to Solar Energy Funding after Termination of ‘Solar for All’

The Environmental Protection Agency faces a second lawsuit over the cancellation of solar energy grants promised under the now-terminated Biden-era “Solar for All” program with an Oct. 13 suit filed by Harris County, Texas. Both lawsuits filed against the agency accuse the EPA of illegally revoking money promised under the Solar for All program without congressional approval.

Solar for All was established in 2022 with the Inflation Reduction Act, which granted $7 billion in federal funding to help lower-income families access solar panels and battery …

October 9, 2025 EPA

Posted by: Lauren A. Behan

Federal Shutdown and Environmental Slowdown: Assessing the EPA’s Shutdown Strategy

In advance of the government shutdown, the EPA released its contingency plan on September 29, outlining its procedures during the funding lapse.

Key provisions include:

Approximately 89 percent of EPA’s employees will be furloughed.
Research and publication activities will be put on pause unless necessary for exempted or excepted activities.
Certain Superfund activities will cease where there is no imminent threat to health and property.
There will be no issuance of permits, guidance, regulations, and policies unless necessary for exempted or excepted activities.
Approvals of

October 2, 2025 California / Emissions

Posted by: Nadia Balkaran

California’s Corporate Climate Disclosure Laws Survive Renewed Preliminary Injunction Attempt

On August 13, the U.S. District Court for the Central District of California denied the U.S. Chamber of Commerce’s motion for a preliminary injunction seeking to halt enforcement of SB 253 and SB 261, requiring disclosure of greenhouse gas emissions and climate-related financial risks, respectively.

SB 253 requires business entities — formed under the laws of California, the laws of any other state of the United States or the District of Columbia, or under an act of Congress — with total annual revenues in excess …

October 2, 2025 Nuclear Power Plants / Regulations

Posted by: Nicole A. Caspers

License to Store: Supreme Court Addresses Judicial Review and Nuclear Policy

On June 18, the U.S. Supreme Court issued a 6–3 decision in Nuclear Regulatory Commission v. Texas, 605 U.S. ___ (2025), authored by Justice Kavanaugh with Justices Gorsuch, Thomas, and Alito dissenting.

The case concerned the U.S. Nuclear Regulatory Commission’s (NRC) approval of a 40-year license for Interim Storage Partners (ISP) to store spent nuclear fuel at a private facility in Andrews County, Texas. Texas and Fasken Land and Minerals Ltd. challenged the license, arguing it violated the Atomic Energy Act (AEA) and the …

September 25, 2025 EPA

Posted by: Sarah B. Mangelsdorf

EPA Prioritizes Review of New Chemicals Used in Data Center Projects

The Environmental Protection Agency announced last week a new initiative in which the agency will prioritize the review of new chemicals under the Toxic Substance Control Act (TSCA) intended for use in data center projects pursuant to Executive Order 14318, ‘Accelerating Federal Permitting of Data Center Infrastructure.’

Under TSCA, manufacturers and processors are required to submit pre-manufacture notices for new chemicals. They are also required to submit a significant new use notice if they plan to use existing chemicals for new uses.

In particular, Section …

September 18, 2025 Climate Change / Emissions

Posted by: Larry D. Mason

Another Climate Change State Court Victory for Energy Companies

A South Carolina State Court judge in City of Charleston v. Brabham Oil Company, Inc., et al., dismissed on Aug. 6 an action against nearly two dozen oil and gas companies. The suit, initially filed in 2020, alleged the defendants contributed to harmful climate change and deceived people about the dangers of their fossil fuel products.

In granting the energy companies’ motion to dismiss the City of Charleston case, the state court judge concluded that state tort and consumer deception laws could not be …

Industrial Factory Emitting Smoke During Golden Sunset

September 18, 2025 Emissions / EPA

Posted by: Kerry L. Jones

EPA Proposes to End Greenhouse Gas Reporting Program for Industrial Facilities

The Environmental Protection Agency announced Sept. 12 a proposed rule to end the Greenhouse Gas Reporting Program (GHGRP) for most industrial facilities.

Under the GHGRP, over 8,000 energy facilities and suppliers are required to calculate and submit their greenhouse gas emissions annually without risk of penalty. If finalized, the proposal would remove reporting obligations for most large energy facilities, including refineries, power plants, oil wells, landfills, and CO2 injection sites.

Congress authorized funding for the creation of the GHGRP in 2008. The EPA, under the …

September 11, 2025 Emissions

Posted by: Lauren A. Behan

District Court Lacks Jurisdiction to Hear Claims of Revoked EPA Climate Grants

The U.S. Court of Appeals for the District of the Columbia Circuit, in a 2-1 vote on Sept. 2, ruled a lower court lacked jurisdiction to hear a case brought by non-profit groups awarded $20 billion in grants under the prior administration’s Greenhouse Gas Reduction Fund Program (GGRFP).

The GGRFP was established as part of the 2022 Inflation Reduction Act to reduce greenhouse gas emissions. It The was geared specifically toward low-income communities to fund projects that would lower energy costs and pollution for those …

September 11, 2025 Clean Air Act / EPA

Posted by: Oliver E. Twaddell

New EPA Permitting Requirements Expected to Accelerate Power Generation and Reshore Manufacturing Projects

The U.S. Environmental Protection Agency this week announced new guidance on New Source Review (NSR) preconstruction permitting requirements “to provide much needed clarity for the buildout of essential power generation and reshoring of manufacturing.”

The action, according to the agency, “provides flexibility to begin certain building activities that are not related to air emissions, such as installing cement pads, before obtaining a Clean Air Act (CAA) construction permit.”

The CAA’s NSR program is a preconstruction permitting program that requires certain stationary sources of air pollution …

September 5, 2025 Regulations

Posted by: Nicole A. Caspers

Jurisdiction at Depth: Updating U.S. Deep-Sea Mining Policy Under Executive Order 14285

With the rapid and exponential advancement of modern technology, there is a corresponding increase in demand for the foundational raw materials that enable such progress. Contemporary innovations, including electric vehicles, smartphones and other high-performance electronics are critically dependent on specific mineral resources such as cobalt, nickel, lithium and copper. These materials serve as indispensable components in batteries, circuitry and other essential systems, underscoring their strategic importance in sustaining technological development. Consequently, securing reliable access to these resources has become a pressing global concern.

Historically, these …