October ’26 at-a-glance … environment

October 7, 2026

EPA proposes narrower Clean Water Act coverage

The EPA and the U.S. Army Corps of Engineers propose additional changes to the definition of “waters of the United States,” which determines where the Clean Water Act applies. The latest proposal would narrow and clarify which streams and wetlands qualify for federal protection, with the agencies aiming to create a more predictable standard.

EPR updates

  • California’s SB 54 packaging law is moving toward full implementation despite calls from some lawmakers and industry groups to pause the program. Producer fees are set to begin March 2027. NAFEM members that sell products into California should determine whether they are considered a “producer” under the program and confirm their registration, reporting and fee obligations. CalRecycle’s permanent SB 54 regulations have been in effect since May 1, 2026. Circular Action Alliance (CAA) has published its 2027 California, producer fee schedule and will host a webinar on fee-setting, Wednesday, Oct. 21, 3:30–4:30 p.m., explaining how program costs are allocated and producer fees are calculated. CAA is administering similar programs in Colorado and Oregon.
  • The National Association of Wholesaler-Distributors (NAW) appealed a U.S. district court’s ruling upholding Oregon’s extended producer responsibility (EPR) law for packaging. In an Aug. 28 ruling, the court rejected NAW’s argument that the law was unconstitutional because it violated companies’ due process rights. The court also determined that Oregon did not improperly delegate its authority and that the fees imposed by the private organization administering the state’s packaging recycling program, the Circular Action Alliance (CAA), were not excessive. NAW disagrees with those conclusions, and on Sept. 24, asked the 9th U.S. Circuit Court of Appeals to reconsider the lower court’s decision.

PFAS updates

  • A federal judge temporarily blocked New Mexico from enforcing its PFAS product-labeling requirement, which was scheduled to take effect Jan. 1, 2027. The court granted a preliminary injunction sought by the National Association of Manufacturers (NAM) and other industry groups, finding they are likely to succeed on their First Amendment challenge to the mandate. The injunction applies nationwide while efforts to secure permanent relief are underway.
  • Minnesota is continuing to process PFAS product reports submitted by the September deadline, with only about 10% currently visible in the PRISM public portal.
  • The regularly updated Complex Products Manufacturers Coalition (CPMC) spreadsheet includes current and proposed state and federal regulations addressing PFAS.