Dear Section Members, I'm hopeful recent improvements regarding the pandemic mean that we will soon be able to meet in person at IMLA. Fingers crossed. Until then, here is the news roundup: On Law 360<https://www.law360.com/environmental/news?page=1>: Biden's Shift On Bird Death Rule Opens Door For Overhaul<https://www.law360.com/environmental/articles/1362380/biden-s-shift-on-bird-death-rule-opens-door-for-overhaul>, March 8, 2021, The Biden administration on Monday said it will undo a rule that would have curtailed the federal government's power to prosecute companies that kill federally protected migratory birds, setting the stage for a potential regulatory overhaul that could reduce bird deaths. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Washington State to Ban PFAS in Four Types of Food Packaging<https://www.natlawreview.com/article/washington-state-to-ban-pfas-four-types-food-packaging>, March 8, 2021, Washington state has announced that, based on the availability of safer alternatives, per- and polyfluoroalkyl substances (PFAS) in four types of food packaging will be banned as of February 2023. By way of background, the state's Toxics in Packaging Law was amended in 2018 to include a ban on PFAS in food packaging that would become effective in January 2022 if safer alternatives were identified by January 2020. If safer alternatives were not identified by January 2020, then the ban will take effect two years after safer alternative products are identified and reported to the legislature (RCW 70A.222.070). What a Clean Future Means for Maritime<https://www.natlawreview.com/article/what-clean-future-means-maritime>, March 4, 2021, As the Biden Administration finds its stride in the first 100 days, we are starting to see movement on several of its key priorities. Chief among them: pivoting to a clean energy economy. A campaign that promised investments of up to $2 trillion in alternative energy saw progress this week, as House Democrats, led by Energy and Commerce Committee Chairman Frank Pallone, Jr. (D-NJ), Environment and Climate Change Subcommittee Chairman Paul Tonko (D-NY), and Energy Subcommittee Chairman Bobby Rush (D-IL), announced a down payment on those hopes with the introduction of the CLEAN Future Act. In our previous KL Gates alert from January, our team discussed how the U.S. maritime industry should expect the issues of clean energy investment and climate resiliency to rise to the very top of the White House's legislative agenda. This week's rollout of the CLEAN Future Act further confirms the importance of these priorities, and the far-reaching implications of the reforms offered for the transportation and maritime sectors. Groups Seeking to Expand Reach of Clean Water Act<https://www.natlawreview.com/article/groups-seeking-to-expand-reach-clean-water-act>, March 4, 2021, In April 2020, the Supreme Court issued its opinion in County of Maui v. Hawaii Wildlife Fund et al., 140 S. Ct. 1462 (2000), vacating the Ninth Circuit's decision. The appeals court had affirmed a district court's finding of Clean Water Act ("CWA") liability for the County's alleged failure to obtain a discharge permit for subsurface releases of pollutants into groundwater that conveys pollutants to navigable waters. In vacating the judgment below, the Supreme Court rejected the Ninth Circuit's "fairly traceable" test and set forth a new standard for determining when a source needs an NPDES permit: "the statute requires a permit when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge." Id. at 1468 (emphasis added). In other words, "an addition falls within the statutory requirement that it be 'from any point source' when a point source directly deposits pollutants into navigable waters, or when the discharge reaches the same result through roughly similar means." Id. at 1476 (emphasis added). California Bill Would Require Publicly Traded Corporations To Make Environmental Disclosures<https://www.natlawreview.com/article/california-bill-would-require-publicly-traded-corporations-to-make-environmental>, March 4, 2021, California currently imposes unique disclosure requirements on publicly traded corporations. See California Joins The Parade: The California Corporate Disclosure Act, 16 Insights 21 (2002). These disclosures are at best useless because they duplicate the disclosures that these corporations already make (and more completely) in filings with the Securities and Exchange Commission. Electric Vehicles Continue to Roll Off The Assembly Line Even With Speedbumps Along The Way<https://www.natlawreview.com/article/electric-vehicles-continue-to-roll-assembly-line-even-speedbumps-along-way>, March 4, 2021, As consumers continue to display a growing appetite for the electric vehicle compared to their fossil fuel counterparts, manufacturers are starting to take notice. In 2021 alone, major OEMs and new-market entrants are expected to the launch over 22 new EV models around the globe. These new models are coming as either standalone platforms under new models or as a upgrades within existing model line-ups. But, with new models being announced every few weeks, roadblocks to wider adoption continue to persist. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: How the Biden Climate Plan Reaches Your Business<https://www.jdsupra.com/legalnews/how-the-biden-climate-plan-reaches-your-4106734/>, March 5, 2021, The January 27, 2021, Biden Administration "Executive Order on Tackling the Climate Crisis at Home and Abroad," (Climate EO) and related announcements - rejoining the Paris Agreement and establishing a commitment to the principles of sound science - were greeted with much fanfare. The Climate Policy drought is over in the United States, and so it is time to turn to what that means for U.S. business. EPA to Set Enforceable Drinking Water Standards for PFOA and PFOS<https://www.jdsupra.com/legalnews/epa-to-set-enforceable-drinking-water-9452526/>, March 5, 2021, The United States Environmental Protection Agency (EPA) recently issued a final regulatory determination for two of the most prevalent per- and polyfluoroalkyl substances (PFAS), PFOA and PFOS, meaning the Agency will now begin the months long process to develop and propose formal enforceable drinking water standards. Additionally, EPA is proposing to sample for 29 different PFAS during the nationwide sampling event conducted as part of the fifth Unregulated Contaminant Monitoring Rule (UCMR) assessment, which could lead to future drinking water standards for other PFAS. Navigable Waters Protection Rule Takes Effect in Colorado<https://www.jdsupra.com/legalnews/navigable-waters-protection-rule-takes-4169921/>, March 4, 2021, The proper definition of "waters of the United States" is fiercely debated, and debatable. The Trump administration's foray into the definition-the Navigable Waters Protection Rule ("NWPR")-was issued in mid-2020 and effective in all places except Colorado, due to an administrative stay issued by Judge William Martinez on June 19, 2020. That changed, however, on March 2, 2021, when the U.S. Court of Appeals for the Tenth Circuit lifted the stay in Colorado. The New York State Food Donation and Food Scraps Recycling Law: What Do You Need to Know?<https://www.jdsupra.com/legalnews/the-new-york-state-food-donation-and-8654435/>, March 1, 2021, While restaurants, grocery stores, hotels & motels, colleges & universities, malls, and event centers continue to face significant challenges while operating in the global pandemic, New York State's mandate regarding food donation and recycling, effective January 1, 2022, cannot be ignored. See N.Y. Envtl. Conserv. Law § 27-2201-2219. This law comes into effect at a time when food insecurity is skyrocketing throughout New York State and nationwide. The Department of Environmental Conservation (DEC) estimates that 2.8 million New Yorkers are food insecure and that 40% of food produced in this country goes uneaten. See N.Y. Dep't of Envtl. Conserv. Food Donation and Food Scraps Recycling Law Legis. Guidance (2020). This law aims to reduce edible food waste and the accompanying decomposition of food that produces greenhouse gases. When Genetic Engineering Met the Endangered Species Act<https://www.jdsupra.com/legalnews/when-genetic-engineering-met-the-3536038/>, February 25, 2021, Innovations in genetic engineering have provided us with advancements in medicine, agriculture, food, and other applications. More recently, genetic engineering has been used to create the technology to combat COVID-19. While genetic engineering has stirred passionate debates between its defenders and detractors, a recent federal court decision has attempted to settle one dispute: whether the Endangered Species Act (ESA) applies to the U.S. Food and Drug Administration's approval of genetically engineered (GE) animals for consumption as food. As always, please tell me or the group if you have any questions or comments. 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