Dear Section Members, Before you read the news roundup, I want to give a special thanks to Michelle Evaskevich of BB&K who takes the time to prepare these every two weeks. Without her, I would not be able to send this. On BBKlaw<https://www.bbklaw.com/news-events/insights#sortBy=date-recent-first>: Environmental, Energy & Climate Change Law and Regulation Reporter<https://www.bbklaw.com/news-events/insights/2021/authored-articles/10/environmental-energy-climate-change-law-and-regula>, October 28, 2021, Members of Best Best & Krieger's Environmental Law & Natural Resources practice group were published in the August/September 2021 issue of the Environmental, Energy & Climate Change Law and Regulation Reporter. Their analysis covers a range of recent investigations, settlements, penalties and federal decisions. Department of Water Resources Invites Water Use Efficiency Standards Feedback<https://www.bbklaw.com/news-events/insights/2021/legal-alerts/10/department-of-water-resources-invites-water-use-ef>, October 19, 2021, California's comprehensive 2018 Water Conservation Legislation (AB 1668 and SB 606) requires the State Water Resource Control Board (SWRCB) to adopt long-term standards for efficient water use by June 30, 2022 in coordination with the Department of Water Resources (DWR). These regulations will include standards for indoor and outdoor water use, water lost to leaks, and variances for unique local conditions. Water suppliers must implement these standards through their water use objectives-which must be calculated, reported and met beginning January 1, 2024-or face SWRCB enforcement action. On Law 360<https://www.law360.com/environmental/news?page=1>: EPA To Reconsider Ozone Standards Lowered In 2015<https://www.law360.com/environmental/articles/1436224/epa-to-reconsider-ozone-standards-lowered-in-2015>, October 29, 2021, The U.S. Environmental Protection Agency will reconsider the Trump administration's plan to keep ozone air pollution standards at the same lower levels set during the Obama administration, the U.S. Department of Justice said Friday in response to a suit challenging the standards in the D.C. Circuit. The DOJ asked the appellate court to hold the challenges, which were brought by more than a dozen states in January, in abeyance until the EPA completes its reconsideration of the 2020 National Ambient Air Quality Standards in December 2023. How Biden Officials Plan To Turn Tide On Enviro Justice<https://www.law360.com/environmental/articles/1435713/how-biden-officials-plan-to-turn-tide-on-enviro-justice>, October 28, 2021, Biden administration officials from a host of federal agencies on Thursday talked up their commitment to environmental justice issues, from how disaster relief grants are distributed to where transportation projects are located. Agency leaders like Lynn Grosso, the director of enforcement at the U.S. Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity, met virtually on Thursday at the National Environmental Justice Conference to discuss how they're working to use Title VI of the Civil Rights Act to expand their protection of communities that are overburdened by pollution, which tend to be low-income or predominantly populated by people of color. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: PFAS Determined To Be Hazardous Substances Under Washington's Cleanup Law<https://www.natlawreview.com/article/pfas-determined-to-be-hazardous-substances-under-washington-s-cleanup-law>, November 1, 2021, With its decision to list per- and polyfluoroalkyl substances (PFAS) as hazardous substances under Washington's cleanup law, the Model Toxics Control Act (MTCA), the Department of Ecology ushers in a new era of uncertainty, and potential liability, at cleanup sites across the state. Ecology's decision followed on the heels of the Washington Department of Health's August 2021 proposed rule to set State Action Levels for five PFAS compounds in drinking water. SB 343: Is Recycling Liability on The Way?<https://www.natlawreview.com/article/sb-343-recycling-liability-way>, October 28, 2021, California's new recyclability law could create liability associated with labeling and packaging issues. On 9 September 2021, the California Legislature overwhelmingly passed "The Truth in Labeling for Recyclable Materials" bill (SB 343), which prohibits the use of the "chasing arrows" symbol (or any other indication of recyclability) on products or packaging that are not deemed "recyclable" under criteria to be established by the California Department of Resources Recycling and Recovery (CalRecycle).1 Governor Gavin Newsom signed the bill into law on 6 October 2021. Services Kick Off Revisions to the Endangered Species Act Regulations<https://www.natlawreview.com/article/services-kick-revisions-to-endangered-species-act-regulations>, October 28, 2021, As we noted in our July 7 post, consistent with President Biden's Executive Order 13990, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the "Services") plan an ambitious redo of their Endangered Species Act (ESA) implementing regulations. Kicking off that process, on October 27, 2021, the Services published two proposals in the Federal Register to rescind critical habitat regulations promulgated by the Trump Administration. Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat, 86 Fed. Reg. 59,346 and 86 Fed. Reg. 59,353 (Oct. 27, 2021). Each of the proposed rules will be subject to a thirty-day public comment period - through November 26, 2021. The Services may issue final rules by early 2022. EPA Announces Revisions to Guidance to Ensure Effectiveness of Antimicrobial Pesticides Against Candida Auris<https://www.natlawreview.com/article/epa-announces-revisions-to-guidance-to-ensure-effectiveness-antimicrobial-pesticides>, October 26, 2021, On October 15, 2021, the U.S. Environmental Protection Agency (EPA) announced that it has revised its guidance for evaluating the efficacy of antimicrobial pesticides against Candida auris (C. auris). EPA states that pesticide manufacturers seeking to register their products with a C. auris claim should use this updated guidance to test the effectiveness of the products against a drug-resistant strain of C. auris. USDA Announces Plan to Prepare for Climate Change<https://www.natlawreview.com/article/usda-announces-plan-to-prepare-climate-change>, October 19, 2021, Executive Order 14008 ("Tackling the Climate Crisis at Home and Abroad"), which was issued by President Biden in January 2021, outlined a set of coordinated actions to address climate change including a requirement that all federal agencies prepare a plan to identify the impacts of climate change on their mission and operations and propose steps to face these challenges. Pursuant to this Order, on October 7, 2021, USDA released its "Action Plan for Climate Adaptation and Resilience." On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: California Completes Revised Emergency Rulemaking to Address Metal Shredding Wastes<https://www.jdsupra.com/legalnews/california-completes-revised-emergency-7674003/>, November 2, 2021, The California Department of Toxic Substances Control (DTSC) has completed the relaunch of an emergency rulemaking to refine the process by which metal shredding facilities determine when hazardous waste management requirements must be followed and clarify that "metal shredder aggregate" is not a scrap metal. Climate change litigation risk - the rise in activist challenges to major project authorisations<https://www.jdsupra.com/legalnews/climate-change-litigation-risk-the-rise-1040354/>, November 1, 2021, Greenpeace has failed in its challenge to the grant of consent to drill at BP's Vorlich field, East of Aberdeen. The decision of the Inner House of the Court of Session earlier this month is the latest in a rapidly growing series of activist challenges to the approvals or permits for oil and gas, major infrastructure and other carbon-intensive projects. EPA Releases for Public Comment an Ambitious and Cross-Agency Climate Change and Environmental Justice Plan<https://www.jdsupra.com/legalnews/epa-releases-for-public-comment-an-8600031/>, October 27, 2021, On October 1, 2021, the Environmental Protection Agency (EPA or Agency) issued for public comment its Draft Strategic Plan to Address Climate Change and Advance Environmental Justice and Equity (Draft Plan). Although the Draft Plan itself, once finalized, would be unenforceable against EPA and would not have binding impacts on regulated industry, it provides a comprehensive roadmap for how the Biden Administration intends to imbed its marquee environmental objectives of climate change and environmental justice (EJ) into virtually every existing Agency program for years to come. Explaining the New York Environmental Rights Amendment<https://www.jdsupra.com/legalnews/explaining-the-new-york-environmental-8746710/>, October 20, 2021, The Environmental Rights Amendment (Green Amendment) was passed by the New York State Senate and Assembly in consecutive legislative sessions. Because this fulfills New York State's requirement for a constitutional amendment, the Green Amendment will appear on ballots for a referendum vote in November 2021. If passed, a new Section 19 would be added to the New York Constitution as follows: "§19. Environmental Rights. Each person shall have a right to clean air and water, and a healthful environment." Please tell us if you have any questions. Thanks, Gene [http://clients.bbklaw.net/images/logos/bbklogohires.jpg]<http://www.bbklaw.com/> Gene Tanaka <https://www.bbklaw.com/our-team/gene-tanaka> Partner gene.tanaka@bbklaw.com T: (925) 977-3301 C: (951) 334-7261 www.BBKlaw.com <http://www.BBKlaw.com> [http://clients.bbklaw.net/images/logos/LinkedIn-rescaled.jpg] <https://www.linkedin.com/company/bestbestkrieger/> [http://clients.bbklaw.net/images/logos/Twitter_logo_white.jpg] <https://twitter.com/BBKlaw> This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.