Hunton Retail Law Resource

The “prior converted cropland” exclusion exempts certain agricultural lands from Clean Water Act regulation. The 2025 “waters of the United States” proposed rule seeks to clarify and update this exclusion, making it easier for farmers to demonstrate that their prior converted cropland is not subject to the Clean Water Act. If finalized, the proposal could have significant benefits for agricultural producers nationwide.

For the fourth time in the last ten years, the US Environmental Protection Agency (EPA) has proposed to modify its Risk Management Program (RMP) regulations. EPA will hold a public hearing on the proposed modifications on March 10, 2026, and is accepting written public comment on the proposal through April 10, 2026.

The US Department of Justice (DOJ) recently announced it is “exercising its enforcement discretion to no longer pursue criminal charges . . . on allegations of tampering with onboard diagnostic devices in motor vehicles” under the Clean Air Act (CAA or Act). According to DOJ, this exercise of discretion not to criminally prosecute is based on “sound enforcement principles, efficient use of government resources[,] and avoiding overcriminalization of federal environmental law.” DOJ’s announcement is an about-face from years of criminal prosecutions for identical conduct, including an increase of these prosecutions under the first Trump administration. As a result of this new policy, DOJ is now dismissing existing CAA criminal tampering cases—more than a dozen prosecutions thus far—and the decision may impact some 20 or more ongoing investigations. DOJ stated in its announcement that it intends to continue to pursue civil enforcement for tampering cases under the Act in partnership with EPA.

Despite broad shifts in enforcement priorities across the federal government, the US Environmental Protection Agency (EPA) continues to pursue aggressive enforcement of Toxic Substances Control Act (TSCA) violations. Actions taken by EPA in 2025 to date demonstrate sustained TSCA enforcement, including with respect to chemical regulations and particularly chemical data reporting requirements. Environmental non-governmental organizations (NGOs) are also utilizing TSCA’s Section 20 citizen suit authority to bring lawsuits against companies over alleged reporting noncompliance as well. Chemical manufacturers and importers should stay apprised of these enforcement trends and proactively manage their TSCA compliance strategies to reduce enforcement and litigation risk.