Articles Posted in State

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As we previously reported, New Mexico adopted novel product labeling requirements that would require manufacturers to display a PFAS flask symbol on covered products. Those requirements are now on hold. A coalition of industry associations led by the American Chemistry Council sued in federal court, arguing that the mandate unconstitutionally compels speech in violation of the First Amendment. On September 16, 2026, the U.S. District Court for the District of New Mexico preliminarily enjoined enforcement of the labeling rule while the case, American Chemistry Council v. Kenney, No. 1:26-cv-02130-MIS-SCY, proceeds. The court found the challengers likely to succeed because New Mexico had not shown a reasonable fit between the label and its interests in protecting consumer health and the environment.

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A second federal judge has struck down New York’s Climate Change Superfund Act and barred its enforcement. On September 23, 2026, Judge P. Kevin Castel of the U.S. District Court for the Southern District of New York issued a decision granting summary judgment to the United States and the U.S. Environmental Protection Agency (EPA), declaring the Act unconstitutional, and permanently enjoining New York officials from enforcing it in United States v. New York, No. 1:25-cv-03656 (S.D.N.Y. Sept. 23, 2026).

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A federal judge in the Northern District of New York has struck down New York’s Climate Change Superfund Act, ruling that the “polluter pays” climate law is preempted by federal law and “simply beyond the limits of state law.” The court concluded that the Clean Air Act (CAA) does not authorize New York’s compensation scheme, which calculates liability based on greenhouse gas (GHG) emissions attributable to worldwide fossil fuel extraction and refining. It separately held that any cost-recovery demand against a foreign producer would be preempted under the constitutional foreign affairs doctrine, which limits state intrusion into matters committed predominantly to the federal government. The court directed the parties to file a status report by September 14, leaving the form of further relief unresolved. In practical terms, the court has decided that the Act is preempted and cannot be enforced but has not yet determined the precise terms of its final order, including whether to formally enjoin its enforcement.

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GettyImages-1339237217-300x200As data center development continues to expand—driven by demand for artificial intelligence, cloud computing and other digital infrastructure—the use and availability of water have emerged as a key consideration. As discussed in our prior article, the scale of water use associated with large data center operations is drawing increasing scrutiny as a primary policy concern for data centers. While factors such as the size of the facility, the design of its cooling system and local climate conditions will affect the water volumes necessary for operations, large data centers may require as much as five million gallons a day, comparable to the municipal demand of smaller cities. As a result, water sourcing and reuse are becoming central to both operators and local, state and federal government officials tasked with regulating and legislating on these issues.

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GettyImages-2268418036-300x300In February 2023, shortly after the conclusion of the 2022 Men’s FIFA World Cup, we looked ahead to 2026 and noted that the largest World Cup in history would be coming to North America, and with it, a fresh round of investment in host cities. Now, with kickoff of the 2026 FIFA World Cup less than a month away, that investment cycle is no longer hypothetical. The 48-team, 104-match tournament kicks off on June 11, 2026, in cities across North America. The U.S. is host to 78 out of 104 total matches, and throughout those host cities, both public agencies and private businesses have undertaken major projects to prepare for the impending influx of fans during the course of the tournament.

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In a landmark move that could shape New York’s energy landscape for decades, state officials have taken steps to both preserve its existing nuclear power facilities and significantly expand its advanced nuclear capacity. These actions are part of a broader strategy to maintain grid reliability and meet both escalating energy demand and the state’s ambitious greenhouse gas reduction and zero carbon goals.

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Maryland lawmakers have overridden the governor’s veto to enact legislation directing a statewide assessment of climate-related costs, while New Jersey lawmakers are preparing a January committee hearing for the State’s pending Climate Superfund Act. Together, these actions underscore continued state-level interest in both study-based and liability-focused climate-cost attribution frameworks, even as four separate lawsuits challenging state climate superfund statutes in New York and Vermont proceed in federal court.

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On December 9, 2025, the California Air Resources Board (CARB) issued proposed regulations and a staff report for California’s comprehensive climate disclosure laws, the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261). These proposed regulations come less than a month after the Ninth Circuit issued an injunction temporarily halting enforcement of SB 261, at least until a January 9, 2026, hearing on the plaintiffs’ requested longer-term injunction through the remainder of the First Amendment challenge to the laws. The draft regulations would adopt some, but not all, of the provisions proposed by CARB in its public workshops on the laws to date, and notably would scale back applicability to those companies above a threshold level of sales in the state. The proposed regulations also define key terms, establish the program fee structures, explain fee enforcement and set initial reporting timelines. The written comment period begins on December 26, 2025, and ends on February 9, 2026. CARB will hold a public hearing on the proposed regulations on February 26, 2026 at 9 a.m. PST.

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On October 10, 2025, Governor Newsom signed SB 440, titled the Private Works Change Order Fair Payment Act. The new law introduces a process and deadlines for handling change order, time extension and payment disputes on private-works construction projects. SB 440 will apply to contracts entered into on or after January 1, 2026, and will remain in effect until January 1, 2030.

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CARB-logo-300x225The California Air Resources Board (CARB) released a preliminary list of companies it believes may be subject to the state’s new climate disclosure regime, which imposes significant disclosure duties on large United States entities “doing business in California”—even if the business they do in California is not itself large. CARB’s list comes after a federal trial court declined to stay the rules, with the first compliance deadline set to go into effect January 2026 even as the agency’s implementing regulations remain under development.

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