North America: Environment

Colorado is leaning on Oregon’s recent Extended Producer Responsibility (EPR) victory. The State has moved to dismiss National Association of Wholesaler-Distributors’ (NAW) private nondelegation and unconstitutional conditions claims, arguing that substantially similar theories already failed in Oregon.

Although this RFI might be overlooked or dismissed as a minor technical matter, it could have important implications for the scope of the RCRA hazardous waste regulatory program and related matters, such as site remediation.

Ontario has finalized significant amendments to its producer responsibility regime, introducing an 80% tire management target, expanding collection networks to 6,500 sites, and removing the $1 million cap on administrative penalties. The changes also establish new financial reporting requirements for producer responsibility organizations across multiple product categories, fundamentally reshaping compliance obligations for producers operating in the province.

Two federal courts have invalidated New York’s Climate Change Superfund Act on preemption grounds, foreclosing the state’s plan to collect $75 billion from fossil fuel companies for climate adaptation projects and signaling how a similar challenge to Vermont’s climate superfund law may be resolved.

The Minnesota Pollution Control Agency has released new testing results showing that manufacturers have successfully transitioned away from PFAS-containing products in key consumer categories. The data reveals a dramatic improvement in compliance rates since Minnesota's PFAS prohibitions took effect, with over 92 percent of tested products now meeting state requirements for dental floss, menstrual products, and food packaging.

A federal district court has preliminarily enjoined the EPA from reclassifying California's Clean Air Act preemption waiver orders as "rules" subject to the Congressional Review Act. The court found that EPA's reclassification likely violated the Administrative Procedure Act and exceeded the agency's authority, though the order does not prevent Congress from proceeding with pending disapproval resolutions.

On October 9, 2026, the Court of Appeal of Alberta released its decision in Reference re Impact Assessment Act, as amended, 2026 ABCA 320 (2026 IAA Reference)

California's housing and environmental regulations face new legal challenges as state agencies clash with local governments over compliance requirements. From escalating penalties against Huntington Beach to lawsuits over transit-oriented development rules, these disputes highlight the ongoing tension between state mandates and municipal authority in shaping land use policy.

The U.S. Environmental Protection Agency (EPA) has extended its Emerging Viral Pathogen (EVP) Guidance for Antimicrobial Pesticides (Guidance) in response to the Marburg virus. Marburg virus disease is a rare disease that is caused by an infection from the Marburg virus.

On October 9, 2026, the Court of Appeal of Alberta released its decision in Reference re Impact Assessment Act, as amended, 2026 ABCA 320 (2026 IAA Reference)

California's coastline faces immediate challenges as sea-level rise and erosion transform from distant planning concerns into urgent real estate and infrastructure crises. From emergency rail closures in San Clemente to questions about property rights when shorelines shift, the state confronts complex legal and financial questions about who bears responsibility for protecting coastal property and public infrastructure.

A federal judge has ruled New York's Climate Change Superfund Act unconstitutional, marking the second such decision in under a month. The ruling permanently enjoins enforcement of the law that sought to retroactively hold fossil fuel producers liable for $75 billion in climate adaptation costs based on historical emissions. This decision adds to growing legal uncertainty around state and local efforts to pursue climate damages through the court system.