Dear Section Members, I hope you are doing ok and staying safe. For your reading pleasure, here is the news roundup. On BBKlaw<https://www.bbklaw.com/news-events/insights#sortBy=date-recent-first>: In With the New - Part One<https://www.bbklaw.com/news-events/insights/2022/legal-alerts/01/in-with-the-new-part-one>, January 19, 2022, At the start of each new year, Best Best & Krieger LLP provides critical legal updates for public agencies and businesses based on new laws and court decisions from the previous year. In the weeks to come, we will be providing roundups on new California laws involving housing, local government, the California Public Records Act, labor and employment, law enforcement, land use, the Brown Act, telecommunications and more. On Law 360<https://www.law360.com/environmental/news?page=1>: EPA's Enviro Justice Campaign Adds Inspections, Monitoring<https://www.law360.com/environmental/articles/1458861/epa-s-enviro-justice-campaign-adds-inspections-monitoring>, January 26, 2022, The U.S. Environmental Protection Agency will take a much more aggressive stance toward polluting facilities in vulnerable communities, including increasing the number of surprise inspections and expanding air quality monitoring capacity, the EPA's leader said Tuesday. EPA Administrator Michael Regan announced the new measures after a trip through the South at the end of last year when he visited environmental justice communities in Mississippi, Louisiana and Texas. EJ communities are often low-income or predominately minority populations that live close to sources of pollution. The issue is a main focus for the EPA and the Biden administration more broadly. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: EPA Affirms its Intention to Hold Property Management Companies Responsible for Lead-Based Paint Safety Requirements for Renovations<https://www.natlawreview.com/article/epa-affirms-its-intention-to-hold-property-management-companies-responsible-lead>, January 27, 2022, Property management companies (PMC) need to pay attention to a recent change in the U.S. Environmental Protection Agency's (EPA) enforcement discretion concerning liability from renovations that could encounter lead-based paint. EPA has announced a change to its enforcement priorities for the Lead Renovation Repair and Paintings (RRP) Rule, which applies to renovations, repairs, or painting that could disturb lead-based paint in certain buildings constructed before 1978. Following the change, PMCs themselves, in addition to contractors hired, will be required to be trained by EPA-approved training providers and certify that they follow lead-safe work practices when conducting regulated renovations. Fashion Sustainability and Social Accountability Act Proposed in New York<https://www.natlawreview.com/article/fashion-sustainability-and-social-accountability-act-proposed-new-york>, January 24, 2022, Happy New Year (are we still saying that?) from the Global Supply Chain Law Blog! In our ever-evolving society, the fashion industry has taken new heights. And with those heights, the industry is on pace to account for more than a quarter of the world's carbon budget, according to the New Standard Institute. Indeed, the group indicates that apparel and footwear are responsible for roughly 4-8.6% of global greenhouse gas emissions. You may be wondering, "but how?" Well after that sweater you bought last year (or even last month!) goes out of style, you may donate it. According to CBS, some of those donations go overseas to Ghana, for example, to be sold. The unsold clothes, however, end up as landfills creating an environmental nightmare. California to Shore up Already-Robust Plastic Bag Enforcement<https://www.natlawreview.com/article/california-to-shore-already-robust-plastic-bag-enforcement>, January 24, 2022, California's tough plastic-labeling enforcement is about to get a little stricter. In late 2021, the California Statewide Commission on Recycling Markets and Curbside Recycling asked the state's Attorney General, Rob Bonta, and the California Department of Resources Recycling and Recovery to crack down on inappropriate use of recycling symbols on plastic bags, including the "chasing arrows" logo and the words "recycle" and "recyclable." According to the Commission, confused California consumers place these mislabeled bags out for curbside collection, which forces recycling companies to spend time pulling these soft plastics out of the waste stream or fixing jammed machines. 2022 Promises Greater Focus on Tribal Consultation and Incorporation of Indigenous Traditional Ecological Knowledge in the Permitting Process<https://www.natlawreview.com/article/2022-promises-greater-focus-tribal-consultation-and-incorporation-indigenous>, January 21, 2022, On the heels of the November 2021 Tribal Nations Summit, a flurry of memoranda were signed by the White House and many government agencies. These memoranda seek to further the Biden administration's promises of consulting with indigenous people and acknowledging their communities' cultures, customs, sacred sites, and historical knowledge in the contexts of environmental planning, sustainability, and justice, and in ongoing and forthcoming federal decision making and regulatory rulemaking. A Gust of Activity in Offshore Wind Leasing<https://www.natlawreview.com/article/gust-activity-offshore-wind-leasing>, January 14, 2022, The Biden-Harris administration took several major steps this week in the advancement of offshore wind leasing in both the Atlantic and the Gulf of Mexico. These actions are part of the administration's government-wide initiative to "fight climate change, produce good-paying, union jobs, and accelerate America's clean energy economy." Together, these efforts aim to meet the administration's goal to deploy 30 gigawatts of offshore wind capacity by 2030. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: White House Push for Increase in Sustainable Aviation Fuel<https://www.jdsupra.com/legalnews/white-house-push-for-increase-in-6228074/>, January 27, 2022, The White House has taken a strong stance in expanding the production and use of Sustainable Aviation Fuel (SAF) to reduce carbon emissions in the aviation industry. SAFs are liquid hydrocarbon fuels that are blended into the existing fuel supply using materials like waste, fats, cooking oils and corn. The Administration has identified the aviation industry as a climate priority in its push to reduce the country's carbon footprint. U.S. Fish and Wildlife Service Proposes Listing Small Butterfly as Endangered<https://www.jdsupra.com/legalnews/u-s-fish-and-wildlife-service-proposes-3465436/>, January 26, 2022, On January 25, 2022, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti) as endangered under the Endangered Species Act (ESA). The Sacramento Mountains checkerspot butterfly is a small butterfly with dark brown, red, orange, and cream coloring, punctuated by black spots and dark lines, on its wings. The butterfly is a subspecies of the Anicia checkerspot, or variable checkerspot, in the Nymphalidae family, and is native to the Sacramento Mountains in south-central New Mexico. EPA Announces New Endangered Species Act Protection Policy for New Conventional Pesticides<https://www.jdsupra.com/legalnews/epa-announces-new-endangered-species-5484954/>, January 21, 2022, On January 11, 2022, the U.S. Environmental Protection Agency (EPA) announced it is implementing a new policy regarding the evaluation and registration of new conventional pesticide active ingredients (AI) to comply further with the Endangered Species Act (ESA) (ESA Policy). EPA also issued a Question and Answer document regarding its ESA Policy. Effective immediately, EPA will evaluate the potential effects of new conventional AIs on federally threatened or listed endangered species (Listed Species) and their designated critical habitats, and initiate ESA consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the Services) if necessary before EPA registers any new conventional AIs. The new ESA Policy will apply to all new conventional AI applications, including applications already submitted to EPA but not yet completed. New York City Bans Gas Hookups in New Buildings; is the State Next?<https://www.jdsupra.com/legalnews/new-york-city-bans-gas-hookups-in-new-1512285/>, January 19, 2022, On December 15, 2021, the New York City Council ("Council") passed Int. 2317-2021 in a 40 to 7 vote effectively banning new fossil fuel hookups in buildings for heat, hot water, and kitchen stoves starting as early as 2024. Similarly to the All-Electric Building Act (i.e., Senate Bill S6843A) introduced in the New York State Senate, recently discussed by Hodgson Russ (here), the local law marks New York City's ("NYC" or "City") latest push toward building decarbonization. Please tell us if you have any questions or comments. 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