Dear Section Members, Here is the bi-weekly news roundup. On BBKlaw<https://www.bbklaw.com/news-events/insights#sortBy=date-recent-first>: Court Allows Trump Administration Waters of the U.S. Rule to Remain<https://www.bbklaw.com/news-events/insights/2021/legal-alerts/07/court-allows-trump-administration-waters-of-the-u>, July 19, 2021, A South Carolina federal judge issued an order late last week allowing the Navigable Waters Protection Rule, the Trump administration's "waters of the United States" rule, to remain in place while the U.S. Environmental Protection Agency and Army Corps of Engineers work on rulemakings to revoke and replace it. The final rule was issued in April 2020, redefining "waters of the United States" and narrowing the scope of Clean Water Act jurisdiction. On Law 360<https://www.law360.com/environmental/news?page=1>: EPA Will Bolster Power Plant Water Pollution Rule<https://www.law360.com/environmental/articles/1406844/epa-will-bolster-power-plant-water-pollution-rule>, July 26, 2021, The U.S. Environmental Protection Agency on Monday said it will review the Trump administration's rollback of part of an Obama-era rule that set the first federal limits on the levels of toxic metals in wastewater that can be discharged from power plants. Calif. Coalition Pushes EPA To Reduce HFC Emissions<https://www.law360.com/environmental/articles/1403792/calif-coalition-pushes-epa-to-reduce-hfc-emissions>, July 16, 2021, A coalition of states led by California has asked the U.S. Environmental Protection Agency to write new rules to reduce hydrofluorocarbon emissions, arguing that the agency should reverse the loosening of HFC rules during the Trump administration and aggressively regulate the potent greenhouse gases. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Louisiana 31st State in Union With an Environmental Audit Privilege Law<https://www.natlawreview.com/article/louisiana-31st-state-union-environmental-audit-privilege-law>, July 23, 2021, The Louisiana Legislature, with Governor Edwards' approval, finally passed an environmental audit privilege law. It has been decades in coming. Public interest organizations have been fearful that industry would hide violations behind such laws. (They were concerned that pollution releases below reportable quantities (RQs) could be kept secret, however such releases already have to be reported to the Louisiana Department of Environmental Quality (LDEQ) if permits are being violated.) Act 481 was passed by the Legislature this summer and signed by the governor on June 29 and becomes effective August 1. Act 481 amends La. R.S. 30:2030 et seq. to provide that information submitted to the LDEQ in voluntary self-audits remains confidential until the LDEQ makes a final decision on the case (e.g., corrective action completion, penalties), but only up to two years. Written requests for confidentiality will probably be advisable. Information already required by law to be reported to the LDEQ - e.g., discharge monitoring reports, air deviation reports, RQ releases - will not be confidential. Key Trends Impacting Fisheries and Aquaculture in the United States<https://www.natlawreview.com/article/key-trends-impacting-fisheries-and-aquaculture-united-states>, July 20, 2021, An increased focus on climate change and environmental stewardship is rapidly changing the legal and regulatory landscape affecting the fisheries and aquaculture industries, and agencies and legislators aim to address the challenges and opportunities that affect these industries. Corporate Offtake Agreements are a Driving Force Behind the Shift Toward Renewable Energy in the United States<https://www.natlawreview.com/article/corporate-offtake-agreements-are-driving-force-behind-shift-toward-renewable-energy>, July 15, 2021, Continued commitments to renewable generation in 2021 mean that corporate purchasers remain major drivers in the development of new wind and solar power generation projects in the United States. Megawatt numbers vary depending on the source; however, there is no dispute about the significant role played by corporates. While corporate off-takers were initially focused on wind generation, corporate offtakers now regularly contract for solar generation as well. Maine Becomes First State to Sign Extended Producer Responsibility Law for Packaging, Other States with Plastics and Packaging Bills May Follow Shortly<https://www.natlawreview.com/article/maine-becomes-first-state-to-sign-extended-producer-responsibility-law-packaging>, July 14, 2021, On July 13, 2021, Maine became the first state to sign Extended Producer Responsibility (EPR) legislation into law for plastics and packaging materials, and Oregon may soon follow. This reflects a growing momentum towards EPR legislation nationwide. Several of these state bills require producers to pay for a portion of the costs of recycling materials that they put into the market. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: New Lawsuit Tests Application of Public Trust Doctrine to Groundwater, Well Permits and SGMA<https://www.jdsupra.com/legalnews/new-lawsuit-tests-application-of-public-2979134/>, July 27, 2021, On June 23rd, California Coastkeeper Alliance (CCKA) filed the lawsuit California Coastkeeper Alliance v. County of Sonoma (Case No. SCV-268718) in Sonoma County Superior Court. According to CCKA's website, the suit was filed "to compel the County of Sonoma to consider and mitigate impacts to public trust resources caused by unregulated and wasteful groundwater pumping in the Russian River watershed." The organization went on to state that, "This is an important move during this historic drought to protect salmon populations that are already at risk of extinction, and to protect surface water users already facing severe curtailments from being harmed further by unregulated and wasteful groundwater pumping." Legislation to Impose "Border Carbon Adjustment" Fee on Imported Steel and Other "Carbon-Intensive" Goods Introduced in US Congress<https://www.jdsupra.com/legalnews/legislation-to-impose-border-carbon-1269322/>, July 26, 2021, On July 19, Senator Chris Coons (D-DE) and Representative Scott Peters (D-CA) introduced companion bills in the Senate and the House of Representatives that would impose a "border carbon adjustment" ("BCA") fee on imports of carbon-intensive goods into the United States, including steel, aluminum, cement, and fossil fuels. The stated goals of S. 2378 and H.R. 4534, entitled the FAIR Transition and Competition Act (FTCA), are to "protect US jobs" and prevent "carbon leakage" that might occur where US policies to limit carbon emissions encourage the outsourcing of production to countries with less ambitious climate policies. The legislation would amend the Internal Revenue Code to create the BCA fee, which would apply to covered imports beginning on January 1, 2024. S. 2378 has been referred to the Senate Committee on Finance and H.R. 4534 to the Committee on Ways and Means in the House. U.S. House Passes PFAS Action Act of 2021<https://www.jdsupra.com/legalnews/u-s-house-passes-pfas-action-act-of-2021-2648663/>, July 23, 2021, On Wednesday July 21, 2021, the U.S. House of Representatives passed the PFAS Action Act of 2021. The bill, H.R. 2467, passed 241-183 demonstrating its bipartisan support, with twenty-three Republicans joining their Democratic colleagues in supporting the legislation. PFAS BILL H.R. 2467 would regulate toxic chemicals found in drinking water, as well as designate two types of those toxic chemicals as hazardous substances that would trigger federal cleanup standards. EPA Plans New Air Toxics Strategy with a Focus on Environmental Justice<https://www.jdsupra.com/legalnews/epa-plans-new-air-toxics-strategy-with-5958850/>, July 14, 2021, The U.S. Environmental Protection Agency (EPA) Office of Air Quality Planning and Standards (OAQPS) plans to release a new air toxics strategy that it purports will represent a paradigm shift that incorporates a new structure and a new focus on environmental justice (EJ) As always, please tell us if you have any questions. 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