Dear Section Members, Here is the trusty news roundup: On BBKlaw<https://www.bbklaw.com/news-events/insights?p=0&c=f27c8ea4-b509-44ad-8922-2a28e7115aef>: Failure To Pay Under Protest Prevents Ratepayer From Challenging Garbage Collection Charges<https://www.bbklaw.com/news-events/insights/2022/legal-alerts/05/failure-to-pay-under-protest>, May 26, 2022, A California Court of Appeal has determined that San Jose ratepayers are prohibited from challenging the City's garbage collection charges without first paying under protest. In Padilla v. San Jose, the appellate court held that the procedural protections of Health and Safety Code section 5472 applied to the City's garbage collection charges as long as the City adopted the garbage collection charges by ordinance or resolution adopted by two-thirds of the legislative body. This is an important decision that sheds light on how cities can obtain procedural protections afforded by Health and Safety Code section 5742 for water, sewer, sanitation and stormwater fees. State Water Resources Control Board Adopts Emergency Drought Regulation<https://www.bbklaw.com/news-events/insights/2022/legal-alerts/05/state-resources-water-control-board-adopts>, May 26, 2022, The State Water Resources Control Board (State Board) has adopted an emergency regulation (Regulation) requiring urban water suppliers to implement the demand reduction actions identified in their Water Shortage Contingency Plans (WSCP) for a stage two water shortage. This Regulation was adopted in response to Gov. Newsom's Executive Order N-7-22. On Law 360<https://www.law360.com/environmental/news?page=1>: Judge Invalidates Rule Denying Protection To Wolverines<https://www.law360.com/environmental/articles/1497745/judge-invalidates-rule-denying-protection-to-wolverines>, May 27, 2022, A Montana federal judge on Thursday struck down the U.S. Fish and Wildlife Service's 2020 decision to withdraw a proposal that would have protected wolverines under the Endangered Species Act. WildEarth Guardians and the Center for Biological Diversity sued over the FWS' withdrawal of a proposed rule to list wolverines in the lower 48 states as a threatened species. The Biden administration asked U.S. District Judge Donald Molloy to remand the rule for reconsideration, which the environmental groups did not object to. The only controversial issue was whether the 2020 withdrawal should stay in place during reconsideration. EPA Revamps Its Legal Guidance On Environmental Justice<https://www.law360.com/environmental/articles/1497478/epa-revamps-its-legal-guidance-on-environmental-justice>, May 26, 2022, The U.S. Environmental Protection Agency released updated legal guidance Thursday intended to help its staff address environmental justice and equity in decision-making. The document, called EPA Legal Tools to Advance Environmental Justice, is a revamp of the original, which was issued in 2014. It reviews the agency's authorities under environmental and civil rights laws and offers guidance to attorneys and policymakers about how they may use those powers to address environmental justice issues, such as when a community is overburdened by pollution because of the cumulative impacts of multiple nearby facilities. Red States Say Calif. Climate Decisions Could Cause 'Chaos'<https://www.law360.com/environmental/articles/1496811/red-states-say-calif-climate-decisions-could-cause-chaos->, May 25, 2022, Several Republican-led states want the Ninth Circuit to reconsider its decision to remand California suits against Exxon, Chevron and others over climate change damages, arguing the outcome in the Golden State could set national standards that merit consideration beyond state court. The block of states led by Indiana and including Texas, Alaska, Montana and others on Tuesday urged an en banc rehearing of the April decision that sent several suits filed by California counties and local governments against the oil companies back to state court despite complaints that the cases raise issues of federal concern. Enviro Groups Want EPA To Fast-Track Parks Pollution Plans<https://www.law360.com/environmental/articles/1495743/enviro-groups-want-epa-to-fast-track-parks-pollution-plans>, May 23, 2022, A group of environmental nonprofits asked a California federal judge to require the U.S. Environmental Protection Agency to fast-track haze reduction plans for national parks and wilderness areas in 33 states, arguing that the agency has illegally stalled its pollution-reduction enforcement efforts and the delays are harming their interests. In a 28-page motion for summary judgment filed Friday, the organizations asked the court to grant it a quick win in its lawsuit and order the EPA to find that 33 states have failed to submit a revised state implementation plan that includes emission limits and other remediation measures to fulfill the Clean Air Act's haze reduction targets. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: China Sets out a Regulatory Roadmap to Control New Chemicals<https://www.natlawreview.com/article/china-sets-out-regulatory-roadmap-to-control-new-chemicals>, May 31, 2022, On May 24, 2022, China State Council issued an Action Plan on New Pollutants Governance ("Plan") to set out a regulatory roadmap to control new chemicals and outline an enhanced enforcement framework for compliance. The Plan establishes a framework, which will be developed by decrees and regulations to come, for an environmental risk management system for chemicals, and integration and expansion of China's existing regulatory programs on chemicals. It also encourages local governments to implement a risk assessment system and promulgate local control plans, rules, and standards on the management of key chemicals to supplement the regulatory programs specified in the Plan. Electric Vehicles and Their Impact on Land Use and Development<https://www.natlawreview.com/article/electric-vehicles-and-their-impact-land-use-and-development>, May 26, 2022, As the use of electric vehicles increases, regardless of the rate of growth, there will be a corresponding impact on land use and development. Notably, issues relating to parking, ECSs, and EV battery recycling and disposal must be addressed, not only by municipalities, but also by developers. In August 2021, President Biden signed an Executive Order declaring that up to half of all new cars sold by 2030 must be electric. Given this, plus the fact that numerous vehicle manufacturers have already committed to making only EVs by 2035 or sooner, it is certainly not premature to begin addressing these issues now. Texas Takes Much-Anticipated Steps to Streamline Permitting and Assume Regulatory Authority for Carbon Sequestration Wells<https://www.natlawreview.com/article/texas-takes-much-anticipated-steps-to-streamline-permitting-and-assume-regulatory>, May 26, 2022, On May 3, 2022, the Railroad Commission of Texas (Railroad Commission) voted to approve three actions that represent a major step forward in facilitating the deployment of carbon capture, use and sequestration activities (CCUS) in Texas. Specifically, the Railroad Commission approved: (1) Publication of proposed amendments to its rules implementing the state program for geologic storage of anthropogenic CO2 and incorporating federal requirements; (2) Submittal to the US Environmental Protection Agency (EPA) of a pre-application to gain regulatory authority over Class VI underground injection control (UIC) wells that are used for injection of CO2 into deep subsurface formations; and (3) A request that the Governor formally ask EPA for Class VI UIC well program approval. Biden Revisions to the NEPA Regulations Now in Effect<https://www.natlawreview.com/article/biden-revisions-to-nepa-regulations-now-effect>, May 23, 2022, The Biden Administration is amending the federal regulations for implementing the National Environmental Policy Act (NEPA) to reverse certain changes made by the Trump Administration. The first set of amendments took effect last Friday on May 20, 2022. As background, the Council for Environmental Quality (CEQ) first issued the NEPA implementing regulations in 1978. They remained unchanged for more than 40 years until the Trump Administration published its 2020 rule updating the regulations to facilitate "more efficient, effective, timely NEPA reviews." Developers, construction companies, and other businesses generally supported these changes with the hope they would streamline a lengthy process that often significantly delays projects. However, environmentalists opposed the changes, fearing they would weaken important protections, including those aimed at reducing climate change impacts and protecting natural resources. Upon taking office, the Biden Administration immediately began an effort to reverse parts of the 2020 rule. Reinstated Superfund Excise Tax Imposed on Certain Chemical Substances<https://www.natlawreview.com/article/reinstated-superfund-excise-tax-imposed-certain-chemical-substances>, May 19, 2022, On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58, 135 Stat. 429. Section 80201 of the IIJA reinstates the Superfund excise tax on certain chemical substances under Sections 4661 and 4671 of the Internal Revenue Code (Tax Code), effective July 1, 2022. Section 80201(c)(1) of the IIJA modified the method for determining whether a substance is a taxable substance by lowering the required percentage of taxable chemicals used to produce the substance from 50 percent to 20 percent of the weight (or the value) of the materials used to produce such substance. Since its reinstatement, the excise tax has raised many questions and caused significant industry consternation. This memorandum explains why. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Biden Administration Takes Aggressive Measures to Merge Environmental Enforcement and Equity<https://www.jdsupra.com/legalnews/biden-administration-takes-aggressive-9464351/>, May 27, 2022, Over the past month, the Biden administration has taken several noteworthy steps aimed at creating an environmental enforcement strategy focused on addressing pollution that has traditionally been concentrated in low-income and disadvantaged communities. While it has been clear since his inauguration in January 2021 that environmental justice (EJ) is a policy priority for the President, recent actions by the U.S. Department of Justice and the Environmental Protection Agency have brought the administration's enforcement strategy into clearer focus. World's Next Environmental Superhero is a Plastic-Eating Enzyme<https://www.jdsupra.com/legalnews/world-s-next-environmental-superhero-is-3435944/>, May 26, 2022, If you aren't toting a reusable water bottle, bamboo straw, or canvas grocery bag, news of a plastic-eating enzyme may not resonate as revolutionary. Nevertheless, plastic waste ranks up there as one of the most pressing environmental problems we face today. There has been little hope in sight of how to shrink the colossal amount of plastic waste-measured in billions of tons-accumulating in landfills across the globe, plaguing our ecosystems, and generating environmental contamination lawsuits. Last month, however, researchers at The University of Texas at Austin revealed a natural enzyme variant that breaks down plastics, which otherwise take centuries to degrade (and even when they do break down, become illustrious microplastics), and as an added bonus, can do so in a matter of hours to days. Modifications to Proposition 65 Short-Form Warnings on Pause - New Regulatory Proposal to Come<https://www.jdsupra.com/legalnews/modifications-to-proposition-65-short-2895654/>, May 26, 2022, On May 20, 2022, the agency governing Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA), announced that it was allowing the rulemaking process for proposed modifications to the Prop. 65 short-form warnings to lapse because OEHHA was unable to complete the rulemaking process in the permitted time under California law. OEHHA has stated that it intends to restart the rulemaking process on the short-form warnings with a new regulatory proposal in the next several weeks. New Study Reports Finding PFAS In Children's Clothes With "Green" Labeling<https://www.jdsupra.com/legalnews/new-study-reports-finding-pfas-in-9461972/>, May 25, 2022, A new study entitled How Well Do Product Labels Indicate the Presence of PFAS in Consumer Items Used by Children and Adolescents? was published at the beginning of the month. The authors tested products "that children and adolescents are likely to have frequent contact with on a regular basis." Those products included many with "green" labels, such as "nontoxic" and "chemical-free." The authors concluded that "PFAS are commonly found in stain- and water-resistant products used by children and adolescents, regardless of green or nontoxic assurances on product labels." In fact, they reported detecting PFAS in nearly 58% of children's "waterproof" or "stain-resistant" textiles, with highest concentrations found in school uniform shirts. California Bill Would Prohibit Settlement Agreements Keeping Certain Information Secret<https://www.jdsupra.com/legalnews/california-bill-would-prohibit-6598091/>, May 24, 2022, The California Senate will soon consider a bill prohibiting settlement agreements that prevent disclosing information about defective products or environmental hazards. The Public Right To Know Act of 2022, SB 1149, would impact actions involving a "defective product or environmental hazard that poses a danger to public health or safety." The bill would, if passed, prohibit both settlement agreements that restrict the disclosure of factual information and court orders that do not allow public disclosure of the covered information. UK Introduces New Climate-Related Disclosure Regulations for UK Companies and LLPs<https://www.jdsupra.com/legalnews/uk-introduces-new-climate-related-2385126/>, May 24, 2022, The Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022 ("the Regulations") came into force on April 6, 2022. The Regulations amend the Companies Act 2006 and largely implement the recommendations of the Task Force on Climate-related Financial Disclosures ("TCFD"). In doing so, the United Kingdom is the first G20 country to enshrine in law mandatory TCFD-aligned reporting requirements. Many companies will already voluntarily report in line with the TCFD recommendations, but all in-scope companies will now need to familiarize themselves with the details of sections 414CA and 414CB of the Companies Act 2006 to consider their arrangements for reporting on climate-related risks and opportunities. Please tell us if you have any questions or comments. 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