Dear Section Members, I hope you are all doing well. I hope we will see you at the IMLA meeting in October. I will send more information later. For now, here is the news roundup. On Law 360<https://www.law360.com/environmental/news?page=1>: Newsom's Climate Bill Blitz Heralds Calif. 'Aggressive' Action<https://www.law360.com/environmental/articles/1531849/newsom-s-climate-bill-blitz-heralds-calif-aggressive-action>, September 19, 2022, California Gov. Gavin Newsom on Friday signed into law a sweeping set of bills aimed at jump-starting the state's commitment to enacting some of the country's most aggressive climate measures, including cutting air pollution, reducing state oil consumption and pivoting to clean energy. The climate package signed Friday included Assembly Bill 1279, which codifies California's existing statewide goal of net-zero carbon emissions by 2045, and Senate Bill 1137, which requires that new and modified oil and gas wells be set back at least 3,200 feet from homes, schools, health care facilities and other sensitive areas, according to the governor's office. Jackson Residents Sue Over Water Failure<https://www.law360.com/environmental/articles/1531590/jackson-residents-sue-over-water-failure>, September 19, 2022, A group of Jackson, Mississippi, residents has hit public officials and engineering firms with a federal proposed class action over a water treatment plant shutdown last month that left more than 150,000 without access to clean water in the mostly Black city. Four residents who say their lead poisoning, E. coli, dehydration or other ailments were due to flaws and failures in the city's water system are leading the suit, filed in Mississippi federal court on Friday, which accuses the city of violating 14th Amendment protections for bodily integrity. Texas Aims To Take Charge Of Carbon Capture Projects<https://www.law360.com/environmental/articles/1526346/texas-aims-to-take-charge-of-carbon-capture-projects>, September 14, 2022, Texas oil and gas regulators have crafted an overhaul of carbon capture and sequestration rules with the hopes of convincing the federal government to let them take the lead in overseeing long-term underground carbon storage in the Lone Star State. The Railroad Commission of Texas recently approved the first major changes to state carbon injection rules in more than a decade. The shift moves the state's rules closer to the U.S. Environmental Protection Agency's federal regulations covering the injection of carbon dioxide in deep subsurface rock formations. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Ethylene Oxide Verdict First of Its Kind, and It's Eye Opening!<https://www.natlawreview.com/article/ethylene-oxide-verdict-first-its-kind-and-it-s-eye-opening>, September 20, 2022, Our prior reports discussed when an ethylene oxide case would go to verdict, and what the ensuing result would look like. We no longer need to speculate. On September 19, 2022, a Cook County (Illinois) jury awarded $363 million to a plaintiff who alleged that she developed breast cancer as a result of ethylene oxide emissions from the Sterigenics Willowbrook plant. This was the first ethylene oxide personal injury case to go to trial, but there are hundreds of cases behind it waiting their turn. Congress Might Make It Easier for Us to Transition to Renewable Energy but The States Say Not so Fast<https://www.natlawreview.com/article/congress-might-make-it-easier-us-to-transition-to-renewable-energy-states-say-not-so>, September 16, 2022, As the climate crisis continues, we're now on the verge of meeting our energy needs through a combination of water, wind, and sun generated electricity. Sadly many Federal and State permits are needed to get that cleaner energy from where it is generated to where it is needed. The time it takes to obtain those many permits and defend them against countless legal challenges is keeping us from getting where we need to get in time. As proof of that proposition one need look no further than the beleaguered New England Clean Energy Connect project in Maine which is essential to Massachusetts meeting its GHG reduction goals. New York Fashion PFAS Legislation Will Dramatically Impact Businesses<https://www.natlawreview.com/article/new-york-fashion-pfas-legislation-will-dramatically-impact-businesses>, September 15, 2022, On May 24, 2022, the New York Assembly and Senate passed a bill, S.6291, that would ban the sale of any apparel in the state of New York that contain intentionally added PFAS starting on December 31, 2023. The New York fashion PFAS legislation, which must be signed into law by the Governor before it becomes effective, would have significant impacts on hundreds of companies involved in the fashion supply chain, and a letter was submitted to Governor Hochul on September 1, 2022 asking the Governor to either veto the bill outright or provide the industry with more time to come into compliance with the law. Absent the bill being vetoed, companies involved in the fashion industry must take steps now to prepare not only for the New York bills impact on sales, manufacturing processes, and supply sourcing, but also also for the possibility of additional states taking similar steps as New York. EPA is exercising Clean Water Act muscle in a way it never has before, in Massachusetts of all places!<https://www.natlawreview.com/article/epa-exercising-clean-water-act-muscle-way-it-never-has-massachusetts-all-places>, September 14, 2022, Many years ago the Conservation Law Foundation sued the Federal Environmental Protection Agency in an attempt to cause EPA to exercise its "residual designation authority" under the Federal Clean Water Act to require permits for properties from which stormwater might flow to the Charles River. After some controversy CLF dropped that case. Charging Ahead: California to Require All New Cars Sold to Be Zero Emissions in 2035<https://www.natlawreview.com/article/charging-ahead-california-to-require-all-new-cars-sold-to-be-zero-emissions-2035>, September 10, 2022, On August 25, 2022, the California Air Resources Board (CARB) approved the Advanced Clean Cars II rule (Rule), requiring all new vehicles sold in California to be zero-emission vehicles (ZEVs) by 2035. Governor Gavin Newsom laid the foundation for the Rule with his September 23, 2020, Executive Order N-79-20. The Rule accelerates the increased sales percentages of passenger ZEVs, and plug-in hybrid electric vehicles (PHEVs) automakers are required to meet starting in 2026. This Rule is an important component of the State's plan to achieve net-zero emissions by 2045. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: EPA Addresses Environmental Justice and Civil Rights in Permitting<https://www.jdsupra.com/legalnews/epa-addresses-environmental-justice-and-3214046/>, September 21, 2022, The EPA's External Rights Compliance Office recently released Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions ("the FAQ"). Stressing "that it is time to use the full extent of its enforcement authority under federal civil rights laws," EPA released the FAQ as interim guidance to provide resources and information to help federal, state, and local permitting agencies meet their obligations to integrate environmental justice and civil rights into the permitting process, with the intent to issue additional civil rights guidance in the near future. While quietly released, the FAQ is likely to reverberate loudly in environmental permitting for years to come. Third Circuit Makes Clear That Lead Agencies and Responsible Agencies Alike Must Make Findings Under CEQA<https://www.jdsupra.com/legalnews/third-circuit-makes-clear-that-lead-1695711/>, September 21, 2022, On May 11, 2022, the Third District Court of Appeal published its opinion in We Advocate Through Environmental Review v. City of Mount Shasta (2022) 78 Cal.App.5th 629, reversing the decision below and ordering the trial court to grant a petition for writ of mandate, specifying actions under CEQA that the City of Mt. Shasta ("City") must take before issuing a wastewater permit for a water bottling facility. The court held that the City, acting as a responsible agency, had failed to make findings or support such findings as required by Public Resources Code section 21081 on the significant effects identified by the lead agency, Siskiyou County ("County"), in its environmental impact report ("EIR"). This is one of two CEQA cases brought by the same Petitioners challenging the facility; see our blog post on the related CEQA case here. Boston wants to reduce its Designated Port Area but what's good for the goose has to be good for the eight other ganders.<https://www.jdsupra.com/legalnews/boston-wants-to-reduce-its-designated-4565384/>, September 20, 2022, Several months ago Mayor Wu announced that she was putting the planning of the Downtown waterfront on ice so the administration could focus on the East Boston waterfront. Now the Administration is demanding that the Commonwealth reverse the designation of East Boston's Inner Harbor and Chelsea Creek as Designated Port Areas. While the Wu Administration was able to drive a stake through the heart of the Downtown Municipal Harbor Plan, this is going to be a much, much heavier lift. That's because Municipal Harbor Plans are generally about local visioning and Designated Port Areas are about the needs of the Commonwealth, the region and the nation. California's Ban on PFAS in Food Packaging Takes Effect January 1, 2023<https://www.jdsupra.com/legalnews/california-s-ban-on-pfas-in-food-6970235/>, September 19, 2022, A ban on the sale of nondurable food packaging in California containing PFAS chemicals goes into effect on January 1, 2023, which is now less than four months away. The ban was contained in Assembly Bill 1200, which was enacted in October 2021, along with unrelated new requirements for disclosure of chemicals in cookware. Endangered Species Act/Tricolored Bat: U.S. Fish & Wildlife Services Proposes Endangered Listing<https://www.jdsupra.com/legalnews/endangered-species-act-tricolored-bat-u-9317472/>, September 19, 2022, On Wednesday, September 14, 2022, the U.S. Fish & Wildlife Service (the Service) published a rule proposing to list the tricolored bat (Perimyotis subflavus) as an endangered species under the Endangered Species Act (ESA, or the Act). The tricolored bat occurs in all or portions of Arkansas and 38 other States. See 87 Fed. Reg. 56,381 (Sept. 14, 2022). The Service determined that "designating critical habitat" for the bat "is not prudent." Id. Biden Administration Recommends Environmental Standards and Regulations for Crypto<https://www.jdsupra.com/legalnews/biden-administration-recommends-3202821/>, September 19, 2022, In a new report issued September 8, the US Office of Science and Technology Policy (OSTP) outlines the environmental and energy impacts of cryptocurrencies and digital assets and calls for the development of federal and state regulations to mitigate those impacts going forward. OSTP published its report in response to an executive order issued last spring that sought to initiate a broader regulatory framework for digital assets. The OTSP report details the increasing scale and intensive energy usage of the crypto-asset industry and recommends several policy initiatives to ensure the growth of crypto does not hinder greenhouse gas reduction efforts or threaten the stability of electricity grids. B.C. Significantly Increasing Soil Relocation Requirements<https://www.jdsupra.com/legalnews/b-c-significantly-increasing-soil-1213797/>, September 15, 2022, Changes to British Columbia's Environmental Management Act (EMA) and Contaminated Sites Regulation (CSR) will introduce a new regime governing soil relocation in B.C. The changes will increase testing requirements prior to soil relocation and implement new requirements for the relocation of both contaminated and uncontaminated soils. EPA's Newest Target for Clean Air Act Enforcement: Stationary Engines<https://www.jdsupra.com/legalnews/epa-s-newest-target-for-clean-air-act-3957346/>, September 12, 2022, The U.S. Environmental Protection Agency ("EPA") has announced its latest priority for Clean Air Act enforcement: stationary engines. In an enforcement alert, EPA states that it has been finding numerous violations of Clean Air Act requirements by owners and operations of stationary engines. Such engines are used across many industrial sectors, including the energy and mining sectors, to generate electricity, provide primary power, power equipment such as pumps and compressors, and supply emergency power. Failure to comply with applicable Clean Air Act emission limitations; operating limitations; and testing, monitoring, and reporting requirements for stationary engines risks disruptive EPA enforcement requiring payment of substantial penalties. Companies should take steps now to evaluate their compliance with stationary engine regulations in preparation for increased EPA enforcement. California Passes Two New Bills to Overhaul State's Battery Extended Producer Responsibility Program and Broadly Expand State's E-Waste Program<https://www.jdsupra.com/legalnews/california-passes-two-new-bills-to-7134170/>, September 12, 2022, At the end of August 2022, the California Legislature passed AB 2440 and SB 1215, overhauling the state's existing battery extended producer responsibility (EPR) schemes and expanding the state's e-waste program. AB 2440, the Responsible Battery Act of 2022, sunsets the existing Cell Phone Recycling Act of 2004 and the Rechargeable Battery Act of 2006, creating a singular EPR program for batteries within the state. SB 1215 expands the Electronic Waste Recycling Act of 2003 (EWRA) to include battery-embedded products and broadens the EWRA's definition of manufacturers. 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