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.
In an effort to more effectively keep pace with and reduce the burdens on the rapidly evolving and expanding commercial space sector, the FCC has unanimously adopted a Notice of Proposed Rulemaking (NPRM) proposing a comprehensive restructuring and reform of its long-standing space and earth station licensing rules. With its breadth of scope and potential impacts across the space ecosystem, the NPRM also highlights the key role the Commission will play in advancing the Trump administration’s broader objective of enhancing American greatness in space and facilitating U.S. leadership and innovation.
In “Permissionless Innovation: The FCC’s Conceptual Shift for Space and Earth Station Licensing in the United States,” colleagues Jodi A. Goldberg and Betsy Craig explore how the NPRM is a public reminder that, through its statutory mandate to regulate the radiofrequency spectrum in the public interest, the FCC’s licensing authority over space operations has long extended beyond traditional communication satellites and their associated earth stations.
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For decades, the phrase “waters of the United States” (WOTUS) has dictated whether a wetland, stream, or pond falls within federal jurisdiction under the Clean Water Act (CWA). Two years and a change in administration later, EPA and the U.S. Army Corps of Engineers have returned with a new proposal aimed at aligning the rulebook with the Supreme Court’s 2023 decision in Sackett v. EPA and restoring a degree of predictability to one of the most litigated terms in environmental law.
On November 18, 2025, the U.S. Court of Appeals for the Ninth Circuit issued an injunction temporarily halting the implementation of California’s SB 261, the Climate-Related Financial Risk Act, just weeks before the law’s first mandated disclosures on January 1, 2026. The court declined to stay California’s companion climate emissions disclosure bill, the Climate Corporate Data Accountability Act (SB 253), due to that bill’s less immediately pressing compliance deadline of August 2026.
On November 12, 2025, the U.S. Environmental Protection Agency (EPA) approved Texas’s request for primacy over Class VI underground injection control (UIC) wells under the Safe Drinking Water Act, authorizing the Railroad Commission of Texas (RRC) to issue and oversee permits for carbon capture and storage (CCS) injection projects. The final rule makes Texas the sixth state to secure primacy over Class VI wells—following North Dakota, Wyoming, Louisiana, Arizona and West Virginia—and marks EPA’s third such approval in the last several months.
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Most private construction contracts executed on or after January 1, 2026, must limit progress payment retention to five percent or less under a new law that goes into effect on the first of the year in California. This requirement applies to retention withheld by an owner from the direct contractor, by the direct contractor from any subcontractor, and by any subcontractor from any lower-tier subcontractor.
The 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.
