Dear Section Members, I hope all is well. Here is the bi-weekly news roundup. On Law 360<https://www.law360.com/environmental/news?page=1>: EPA Floats Tougher Emissions Standards For Trucks, Buses<https://www.law360.com/environmental/articles/1471283/epa-floats-tougher-emissions-standards-for-trucks-buses>, March 7, 2022, The U.S. Environmental Protection Agency on Monday proposed strengthening emissions standards for heavy-duty vehicles and engines starting in 2027, a step in the Biden administration's efforts to combat climate change. The proposed Clean Trucks Plan would reduce nitrogen oxides, or NOx, emissions from heavy-duty gasoline and diesel engines and set updated greenhouse gas, or GHG, standards for school buses, transit buses, commercial delivery trucks and short-haul tractors. The proposal follows the finalization in December of new emissions standards for cars and light trucks. USDA Grants Seaquarium New License Without Orca Shows<https://www.law360.com/environmental/articles/1470897/usda-grants-seaquarium-new-license-without-orca-shows>, March 4, 2022, A long-running controversy over the living conditions of the Miami Seaquarium's captive orca, Lolita, appeared to have reached a turning point Friday with the U.S. Department of Agriculture issuing an exhibitor license to the attraction's new owner after it pledged to no longer put her on public display. The Dolphin Co., which acquired the park in August through a subsidiary, and Miami-Dade County, which owns the property, both announced the Mexico-based outfit's receipt of the license under the Animal Welfare Act on Friday and said the development will allow the company to take over operations of the Seaquarium from Spain-based Palace Entertainment Holdings. The venue has been an iconic feature in Miami for decades, with shows featuring Lolita, now 52, serving as a centerpiece since the killer whale's capture as a juvenile in 1970. EPA Vows To Help Curb Climate Mishaps At Chemical Plants<https://www.law360.com/environmental/articles/1469050/epa-vows-to-help-curb-climate-mishaps-at-chemical-plants>, March 1, 2022, The U.S. Environmental Protection Agency is taking steps to ensure that thousands of U.S. facilities housing hazardous chemicals are better equipped to manage risks associated with natural hazards and climate change, a commitment that comes in response to a new report from the U.S. Government Accountability Office. The GAO report, published Monday, found that almost one-third of chemical facilities - more than 3,200 of the 10,420 - are located in areas where natural hazards such as wildfires and storm surges could be worsened by climate change, but claimed the EPA doesn't "consistently assess" how the facilities are managing the risks. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Massachusetts Poised to Reshape Natural Gas Distribution Companies to Address Climate Change<https://www.natlawreview.com/article/massachusetts-poised-to-reshape-natural-gas-distribution-companies-to-address>, March 4, 2022, About one year ago, the Massachusetts Department of Public Utilities or DPU opened an investigation (D.P.U. 20-80) to examine the appropriate role of gas LDCs in helping to meet the Commonwealth's 2050 climate goals. The proceeding sought to identify and evaluate strategies to move to net-zero GHG while simultaneously protecting ratepayer interests. The potential to "recast" the role of the LDCs was a principal part of the focus. Biden EPA Backtracks on Trump-Era Water Policy - Will the New Stance Lead to Efficiency or Add to Administrative Backlog?<https://www.natlawreview.com/article/biden-epa-backtracks-trump-era-water-policy-will-new-stance-lead-to-efficiency-or>, March 4, 2022, US EPA recently issued two memoranda announcing a more flexible timeline for its review of state and tribal water quality standards (WQS), replacing a Trump-Era policy that set defined deadlines for these reviews. On February 4, 2022, US EPA Assistant Administrator Radhika Fox issued a memorandum entitled "Rescission of Memorandum Titled: 'Policy for the EPA's Review and Action on Clean Water Act Program Submittals'" (the Fox Memo), rescinding a Trump-era water office memorandum from June 3, 2019 (the Ross Memo). On the same day, Deborah G. Nagle, Director of the Office of Science and Technology (OST), issued a memorandum entitled "Decision-Making Principles for EPA Headquarters' Concurrence on Water Quality Standards Decisions" to all Water Division Directors (the Nagle Memo). What Else Is Needed For Mass Market Adoption of Electric Vehicles?<https://www.natlawreview.com/article/what-else-needed-mass-market-adoption-electric-vehicles>, March 3, 2022, The 1908 Model T was one of the first cars accessible to the masses. Car ownership continued to grow to the point where cars became a staple, so much so that by the 21st century, there were more vehicles in the United States than people with driver's licenses. But nearly a century later, the automobile market was over-saturated and the number of combustion-engine vehicles began to drop for the first time. During this decline, viable alternatives to combustion-engines emerged. Negotiations to Launch on New Global Plastics Treaty<https://www.natlawreview.com/article/negotiations-to-launch-new-global-plastics-treaty>, March 3, 2022, Today, the United Nations Environment Assembly adopted a broad negotiating mandate for a new legally binding international agreement on plastic pollution. Inger Andersen, the Executive Director of the United Nations Environment Programme (UNEP), heralded agreement on the resolution as "the most important international multilateral environmental deal since Paris." Under the mandate, countries are expected to adopt a final agreement by the end of 2024 that includes legally binding obligations and voluntary commitments to address plastic pollution across the full product lifecycle. Biden Administration Rolls Out New Climate, Economic, and Environmental Justice Tools<https://www.natlawreview.com/article/biden-administration-rolls-out-new-climate-economic-and-environmental-justice-tools>, February 28, 2022, Two recent actions by the Biden Administration will identify areas of focus for environmental justice (EJ) and therefore influence environmental enforcement priorities, federal permitting and licensing, and federal spending, among other actions. On February 18, the White House Council on Environmental Quality (CEQ) released the beta (or draft) version of its Climate and Economic Justice Screening Tool (CEJST), a key component of President Biden's Justice40 Initiative and mandated by the same Executive Order 14008. As we described last year, the Justice40 Initiative set the goal of "delivering 40 percent of the overall benefits of relevant federal investments" to disadvantaged communities. The CEJST serves a specific purpose: to help agencies identify disadvantaged communities in order to direct federal benefits and help agencies measure whether 40 percent of benefits are being received by those communities. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: U.S. EPA Announces Plan to Tighten PFAS Reporting Requirements<https://www.jdsupra.com/legalnews/u-s-epa-announces-plan-to-tighten-pfas-6826068/>, March 7, 2022, In connection with the release of its 2020 Toxics Release Inventory (TRI) National Analysis that evidenced a 10% decline in environmental releases of TRI chemicals between 2019 and 2020, U.S. EPA announced that it intends to initiate a rulemaking that will, among other things, remove the de minimis exemption for reporting the 172 per- and polyfluoroalkyl substances (PFAS) that were added to TRI by the 2020 National Defense Authorization Act. California Cannabis and CEQA Collide<https://www.jdsupra.com/legalnews/california-cannabis-and-ceqa-collide-6633628/>, March 7, 2022, Assembly Bill (AB) 141 and Senate Bill (SB) 160, which passed in 2021, will bring an end to provisional cannabis licenses and change the requirements for renewing provisional licenses issued by California's Department of Cannabis Control (DCC). These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California Environmental Quality Act (CEQA). Legal Challenges to Renewable Energy Development, and How NEPA Can Help<https://www.jdsupra.com/legalnews/legal-challenges-to-renewable-energy-5266077/>, March 7, 2022, 2021 witnessed a new but familiar competition among stakeholders for the use and enjoyment of the Outer Continental Shelf. Last year, interested parties initiated five lawsuits against the first federally approved offshore wind farm, Vineyard Wind I (located off the coast of Nantucket). And 2022 has so far continued the trend with a new challenge to the Bureau of Ocean Energy Management's (BOEM) designation of Wind Energy Areas in the New York Bight in late January. These legal challenges echo the arguments marshalled in numerous lawsuits across the Nation to delay or prevent oil and gas development on public lands. Developers seeking to participate in the energy transition can learn from the experience of oil and gas development on federal lands. More restrictions expected for foreign investors planning to convert existing farms to forest<https://www.jdsupra.com/legalnews/more-restrictions-expected-for-foreign-2523239/>, March 3, 2022, On 24 February 2022, the Associate Minister of Finance Hon David Parker announced that the Government will be making changes to the Overseas Investment Act 2005 (Act) to ensure forestry conversions by overseas investors "are of better benefit to New Zealand". Overseas investors who are looking to acquire land interests for conversion to production forestry for harvesting are likely to be impacted by the proposed changes. California Adopts First-in-the-Nation Microplastics Reduction Strategy<https://www.jdsupra.com/legalnews/california-adopts-first-in-the-nation-2804935/>, March 3, 2022, Last week, the Ocean Protection Council adopted California's Statewide Microplastics Strategy. The strategy is the first of its kind in the nation, focusing on outlining steps to address microplastic pollution, an emerging contaminant of concern. Microplastics are defined in California as plastics that are between one nanometer and five millimeters in size. Microplastics have long been a concern for marine life, but recently there has been an increase in concern about the impacts of ingesting microplastics on humans. California has led the nation in developing strategies to combat this issue, with the State Water Resources Control Board adopting a definition of microplastics in the state in 2020 and creating the world's first standardized methods for testing microplastics for drinking water in 2021. By adopting the Statewide Microplastics Strategy, the Ocean Protection Council took the next step in addressing the issue. Developing Offshore Wind in California - Environmental Permitting and Interconnection Considerations<https://www.jdsupra.com/legalnews/developing-offshore-wind-in-california-9726844/>, March 2, 2022, The California coast offers significant potential for offshore wind development that can help the state reach its renewable energy goals. Developers of wind energy projects located off the California coast will face a number of regulatory challenges, including extensive environmental review, federal and state permitting, and interconnection to the electric grid. There are several variables in the development process that affect which permits are required for offshore wind projects, and federalism issues (i.e., the interaction between state and federal requirements) are yet to be resolved. Offshore wind developers must determine how projects will be integrated with the existing electric transmission grid. In California, there are several options for interconnection, including connecting to infrastructure left at sites of retired power plants or connecting through new, and perhaps innovative, arrangements. However, where such infrastructure is located within California's "coastal zone," as designated under the California Coastal Act, careful planning and negotiation with state agencies will be necessary. This article provides an overview of environmental permitting and interconnection considerations for developers and other stakeholders interested in offshore wind development. Please tell us if you have any questions or thoughts. 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