Dear Section Members, A bit of good news to brighten your day, IMLA was kind enough to set up a Listserv for our Section which I am using for the news roundup. I hope you will find it useful in facilitating a dialogue among us. Please feel free to send me any suggestions on how to use it. Here is the news roundup: On BBKlaw<https://www.bbklaw.com/news-events/insights#sortBy=date-recent-first>: Housing and Environmental New Laws<https://www.bbklaw.com/news-events/insights/2021/legal-alerts/01/housing-and-environmental-new-laws>, January 6, 2021, Among the new laws passed last year by California were a variety that seek to address the State's ongoing housing shortage and environmental issues. Some of the new laws also seek to address the impacts caused by the COVID-19 pandemic and the resulting economic downturn. On Law 360<https://www.law360.com/environmental/news?page=1>: Trump Admin. Failed To Protect Species, Suits Say<https://www.law360.com/environmental/articles/1341880/trump-admin-failed-to-protect-species-suits-say>, January 6, 2021, In the waning days of the Trump administration, the Center for Biological Diversity is launching a slew of lawsuits alleging that the administration failed to protect dozens of vulnerable species under the Endangered Species Act. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: USFWS Issues Rule Excluding Incidental Take from the Migratory Bird Treaty Act: Implications for the Wind Energy Industry<https://www.natlawreview.com/article/usfws-issues-rule-excluding-incidental-take-migratory-bird-treaty-act-implications>, January 12, 2021, On January 7, the US Fish and Wildlife Service (USFWS or Service) published a final rule providing that the scope of the prohibition of take under the Migratory Bird Treaty Act (MBTA or Act) applies "only to actions directed at migratory birds, their nests, or their eggs," and does not prohibit incidental take (i.e., take that is not the purpose of an activity). 86 Fed. Reg. 1134 (January 7, 2021). The rule, which lists an effective date of February 8, 2021, represents the latest in a series of efforts by recent presidential administrations to implement competing interpretations of the MBTA. If it stands under the incoming administration, this rule will have important implications for the wind energy industry, among other sectors. Proposed Regulatory Changes to Safe Harbor Warning Provisions<https://www.natlawreview.com/article/proposed-regulatory-changes-to-safe-harbor-warning-provisions>, January 11, 2021, All consumer products and food products sold or distributed into the State of California may soon be subject to new scrutiny for chemical exposure warnings. Revisions to a critical environmental law regarding warnings for chemicals in consumer products and food products will again change the way companies evaluate and label products they distribute or sell into California. The Proposed Regulatory change is open for public comment until March 8, 2021. Air Pollution Cited As Cause of Death - Will Lawsuits Follow?<https://www.natlawreview.com/article/air-pollution-cited-cause-death-will-lawsuits-follow>, January 7, 2021, Ella Kissi-Debrah, a 9-year-old UK citizen, is believed to be the first person to have her death certificate list air pollution as a cause of her death. Ella suffered from an extreme case of asthma and the coroner reviewing her death determined that the high level of pollution surrounding her London home contributed to her symptoms and ultimately to her death. With countless environmental lawsuits already pending across the globe, this decision could open the floodgates for more air pollution lawsuits - specifically, personal injury-based pollution lawsuits. Prepared for Takeoff: EPA Finalizes First-Ever Domestic Greenhouse Gas Standards for Aircraft<https://www.natlawreview.com/article/prepared-takeoff-epa-finalizes-first-ever-domestic-greenhouse-gas-standards-aircraft>, January 6, 2021, The Environmental Protection Agency (EPA) has adopted the first-ever Clean Air Act (CAA) aircraft emission standards for greenhouse gases (GHGs), assuring the worldwide acceptance of U.S. manufactured airplanes and airplane engines. The final rule, "Control of Air Pollution from Airplanes and Airplane Engines: GHG Emission Standards and Test Procedures," flows from the agency's 2016 twin findings that: (1) GHG emissions from the engines of certain aircraft "cause or contribute to" elevated GHG concentrations in the atmosphere, and (2) these emissions endanger the public health and welfare via climate change. These findings form the basis for regulation of a pollutant under CAA section 231(a), the legal foundation for EPA's authority for this aircraft emissions rule, promulgated December 23, 2020. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Multiple States Enact Drinking Water and Groundwater Regulations for PFAS Chemicals<https://www.jdsupra.com/legalnews/multiple-states-enact-drinking-water-4898520/>, January 7, 2021, Although much of the world's focus has been consumed by the global pandemic, six states have issued important regulations for per- and polyfluoroalkyl substances ("PFAS"), which are expected to have significant impacts on businesses in those states. Specifically, Massachusetts, Michigan, New Hampshire, New Jersey, New York, and Vermont have enacted Maximum Contaminant Levels ("MCLs") for certain PFAS substances, including perfluorooctane sulfonic acid ("PFOS") and perfluorooctanoic acid ("PFOA") in drinking water. Streamlined or Fast-Tracked Florida Angles to Assume Federal Dredge-and-Fill Water Permitting Authority<https://www.jdsupra.com/legalnews/streamlined-or-fast-tracked-florida-6752299/>, January 6, 2021, In the next few months, Florida aims to make Clean Water Act (CWA) history, hoping to become just the third state to assume CWA section 404 permitting authority. In early November last year, the U.S. Environmental Protection Agency (EPA) wrapped up the public comment period concerning Florida's proposal to take over statewide section 404 permitting authority from the U.S. Army Corps of Engineers (the Corps). Florida's proposal drew thousands of comments, from interested parties across the state, and EPA expects to decide soon. Most expect EPA to grant Florida's request-before the next presidential inauguration. New Drain Code Amendments Signed into Law<https://www.jdsupra.com/legalnews/new-drain-code-amendments-signed-into-13886/>, December 31, 2020, On Dec. 29, Governor Whitmer signed two Drain Code amendments into law-House Bills 5126 and 5504, now Public Acts 281 and 291, respectively. Public Act 281 does not go into effect until March 29, 2021, however Public Act 291 is effective immediately. Below are summaries of the more significant revisions to the Drain Code: Please tell the group or me if you have any questions or comments. Please stay safe. 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