Dear Section Members, Here is the news roundup. I expect it will get busy as the Biden Administration starts moving swiftly on environmental issues. On Law 360<https://www.law360.com/environmental/news?page=1>: Biden Scraps Keystone XL Pipeline Permit On Day 1<https://www.law360.com/environmental/articles/1346712/biden-scraps-keystone-xl-pipeline-permit-on-day-1>, January 20, 2021, Newly sworn-in President Joseph Biden on Wednesday signed an executive order canceling the presidential permit for the Keystone XL pipeline as part of his ambitious first-day agenda to tackle climate change. The Keystone XL pipeline was planned to ship oil sands from western Canada to refineries on the U.S. Gulf Coast and has seen its fortunes rise and fall depending on who controlled the White House. President Barack Obama rejected a cross-border permit for the project in 2015, but President Donald Trump issued a presidential permit to pipeline operator TC Energy in 2017. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Affordable Clean Energy Rule Vacated<https://www.natlawreview.com/article/affordable-clean-energy-rule-vacated>, January 25, 2021, On January 19, the D.C. Circuit vacated the Affordable Clean Energy Rule (ACE), a rule intended to reduce greenhouse gas (GHG) emissions emitted from power plants. Am. Lung Ass'n et al. v. EPA, No. 19-1140. The lengthy opinion touches on numerous issues raised over the last 10 years as EPA has bumped toward the goal of regulating greenhouse gases. The opinion appears to be grounded in EPA's own assertions, made in this and other rulemakings, that climate change is a grave threat to society and power plants are a significant source of GHGs. California Announces Revised Proposition 65 Labeling & Marketing Regulations<https://www.natlawreview.com/article/california-announces-revised-proposition-65-labeling-marketing-regulations>, January 20, 2021, On January 8, 2021, California's Environmental Protection Agency, Office of Environmental Health Hazard Assessment (OEHHA) issued proposed amendments to Article 6 of the regulations implementing the state's Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. These changes will require any company using short-form warnings to revise their labeling and marketing compliance plans. U.S. Army Corps Issues Final Nationwide Permits for Aquaculture<https://www.natlawreview.com/article/us-army-corps-issues-final-nationwide-permits-aquaculture>, January 15, 2021, On 13 January 2021, the U.S. Army Corps of Engineers (USACE) published its final rule (Final Rule) reissuing and modifying certain nationwide permits (NWP).1 The Final Rule modifies and reauthorizes NWP 48, Commercial Shellfish Mariculture Activities, and creates two new NWPs: NWP 55, Seaweed Mariculture Activities, and NWP 56, Finfish Mariculture Activities. Our prior alert discussed the revisions to NWP 48 and the proposed NWPs 55 and 56: U.S. Army Corps Proposes New Nationwide Permits for Seaweed and Finfish Aquaculture in Coastal Waters and Updated the Existing Nationwide Permit for Shellfish Aquaculture. After responding to comments, the USACE issued the final NWPs, which are very similar to the draft NWPs, with some minor modifications. USDA Announces Intent to Transfer Regulatory Authority Over Animal Biotechnology from FDA to USDA<https://www.natlawreview.com/article/usda-announces-intent-to-transfer-regulatory-authority-over-animal-biotechnology-fda>, January 13, 2021, The United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published on December 28, 2020 an advanced notice of proposed rulemaking (ANPRM) outlining and seeking comment on its intent to regulate animals developed using "genetic engineering." As defined under USDA's existing regulations at 7 C.F.R. part 340, "genetic engineering" refers to "techniques that use recombinant, synthesized, or amplified nucleic acids to modify or create a genome." On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Court rejects challenge to grizzly bear recovery plan<https://www.jdsupra.com/legalnews/court-rejects-challenge-to-grizzly-bear-1193001/>, January 25, 2021, In December 2020, the United States District Court for the District of Montana issued an order on cross-motions for summary judgment concluding that it lacked jurisdiction-under both the Administrative Procedure Act (APA) and Endangered Species Act (ESA)-to hear a lawsuit involving an environmental group's denied request to update an existing recovery plan for the grizzly bear (Ursus arctos horribilis). Ctr. for Biological Diversity v. Bernhardt, CV 19-109-M-DLC, at 26 (D. Mont. Dec. 23, 2020) (Order). After listing the grizzly bear nearly half a century ago, the U.S. Fish and Wildlife Service (Service) prepared a recovery plan in 1993 with the purpose of recovering grizzly bear populations in four areas: Yellowstone, Northern Continental Divide, Cabinet-Yaak, and Selkirk. In 2014, an environmental group sent a letter to the Service asking the agency to update the recovery plan to address areas of suitable habitats and current scientific information. The Service denied the request, and a lawsuit alleging APA and ESA violations followed. State-by-State Regulation of PFAS Substances in Drinking Water<https://www.jdsupra.com/legalnews/state-by-state-regulation-of-pfas-2721756/>, January 25, 2021, Many states have expressed frustration with the lack of an enforceable federal per- and polyfluoroalkyl substances ("PFAS") drinking water standard, and have started the process of regulating PFAS in drinking water themselves. As a result, states have adopted a patchwork of regulations and standards that present significant challenges to impacted industries. This client alert focuses on the maximum contaminant levels ("MCLs"), as well as guidance and notification levels for PFAS - typically perfluorooctane sufonic acid ("PFOS") and perflurooctanic acid ("PFOA") - in drinking water that have been enacted or proposed by various states. USDA Supported Feral Swine Eradication Efforts In The United States<https://www.jdsupra.com/legalnews/usda-supported-feral-swine-eradication-8351748/>, January 22, 2021, Feral swine, an invasive species, have been a problem for years if not decades, and populations have been reported in at least 35 states with a total population "estimated at over 6 million," as noted by USDA. At least one swine herd was reported in New Jersey while I was serving as the State Veterinarian, at the New Jersey Department of Agriculture, where we teamed up with the state Department of Environmental Protection and USDA Wildlife Services to eradicate the feral swine wreaking havoc and destroying property in South Jersey. Further Focus on Lead-Based Paint: EPA Tightens Dust-Lead Clearance Levels for First Time in Almost 20 Years<https://www.jdsupra.com/legalnews/further-focus-on-lead-based-paint-epa-1090247/>, January 19, 2021, Last month, we shared compliance lessons to learn from the $20.75 million penalty faced by Home Depot related to renovations of pre-1978 residences. The U.S. Environmental Protection Agency (EPA) press release states that the settlement would "significantly reduce children's exposure to lead paint hazards". Also in December, EPA took further action designed to reduce children's exposure to lead-based paint (LBP)-this time, in the form of a final rule reducing, for the first time in two decades, the dust-lead clearance levels (DLCL) for floors and window sills after abatement activities. This rulemaking reconciles the previously inconsistent standards applicable to abatement activities conducted under EPA regulations and those conducted under U.S. Department of Housing and Urban Development (HUD) regulations. The final rule will be effective March 8, 2021, and will impact contractors, schools, childcare facilities, property owners and lessors, lead abatement professionals, housing authorities, and others who conduct LBP activities-including their subcontractors. New York State Poised to Lead Nation in Renewable Energy<https://www.jdsupra.com/legalnews/new-york-state-poised-to-lead-nation-in-92926/>, January 15, 2021, The renewable energy economy has moved well beyond the novelty stage in New York State. That much is clear from the proposals made in Gov. Andrew Cuomo's State of the State address. The Governor called for aggressive broad-based investments and initiatives that he believes will help New York become the leader in building a self-sustaining renewable energy industry in New York. Please tell the group if you have any questions or comments. 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