CCR in 2026: An Update on the Regulations and Key Legal Issues

In 2024, EPA under the Biden Administration finalized a sweeping expansion of the federal CCR regulations, and also finalized several enforcement settlements resolving alleged violations of the regulations in conjunction with the National Enforcement and Compliance Initiative (“NECI”) for CCR. In early 2025, EPA under the new Trump Administration announced “31 Historic Actions” related to deregulation, including “[p]rioritizing coal ash program to expedite state permit reviews and update coal ash regulations.” The Trump Administration subsequently released two proposed rules to delay certain compliance deadlines under the federal CCR regulations, took further action on two state permitting programs, and announced that it is working on substantive revisions to the 2024 regulations addressing coal combustion residuals management units (“CCRMUs”) that are expected to the be proposed in early 2026. At least some enforcement also continues under the new Administration, and one enforcement settlement with a penalty was finalized in 2025. With significant changes anticipated related to the scope, permitting, and enforcement of CCR regulations, we plan to discuss the legal lay of the land as of May 2026. We will update the audience on key developments under the new Administration, including the status of any proposed or final regulatory changes, state permitting programs, and any pertinent enforcement updates directly or indirectly impacting CCR.