Dear Section Members, Please stay safe since hope is around the corner. In the meantime, here is the news roundup. On BBKlaw<https://www.bbklaw.com/news-events/insights#sortBy=date-recent-first>: Appellate Decisions Limiting Groundwater Pumping in an Overdrafted Basin<https://www.bbklaw.com/news-events/insights/2021/legal-alerts/03/appellate-decisions-limiting-groundwater-pumping-i>, March 25, 2021, A California Court of Appeal recently issued two opinions affirming a physical solution limiting the right to pump groundwater by a landowner who has never pumped from the groundwater basin or who has not established the amount or reasonableness of pumping. On Law 360<https://www.law360.com/environmental/news?page=1>: EPA Purges Scientific Advisory Boards<https://www.law360.com/environmental/articles/1370840/epa-purges-scientific-advisory-boards>, March 31, 2021, The U.S. Environmental Protection Agency on Wednesday dissolved two key scientific advisory bodies in order to clear the way for new members and changed selection processes that were established by the Trump administration. EPA Administrator Michael Regan sent all the members of both the Science Advisory Board and the Clean Air Scientific Advisory Committee packing, and said EPA staff will now reconfiguring independent SAB committees "in a way that returns the agency to its standard process of incorporating a balanced group of experts." Insurers Warned Over Climate Risk Ahead Of PRA Stress Test<https://www.law360.com/environmental/articles/1370130/insurers-warned-over-climate-risk-ahead-of-pra-stress-test>, March 30, 2021, Insurers should start planning now for managing the long-term impact of climate change as a regulator prepares a stress test for this year, a risk management company said on Tuesday. Flood analyst JBA Risk Management said that, although the Prudential Regulation Authority's limited stress test would immediately affect only a few insurers, the requirement for companies to consider climate risks will soon be extended across the market. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Lone Star Solar: Challenges and Opportunities in Post-Blackout Texas<https://www.natlawreview.com/article/lone-star-solar-challenges-and-opportunities-post-blackout-texas>, April 5, 2021, Starting in late February, over 2.7 million Texas households were left without energy and over 100 people died as a severe winter storm caused a series of rolling blackouts across Texas, drawing national attention to the state’s energy grid. While some leaders blamed the state-wide outages on wind and solar, an emerging expert consensus suggests that multiple cascading factors—including non-winterized power plants and the state’s deregulated, independent grid system—culminated in the energy crisis. Now, several weeks out from the crisis, new solar opportunities and challenges are beginning to take shape in the Lone Star State. While Texas lawmakers have advanced legislative proposals to impose additional costs and burdens on solar providers, private demand for solar energy solutions—especially rooftop solar—has increased as households across Texas seek independence from their state’s independent grid. California Regulators Propose New Regulations to Limit Use of “Short Form” Proposition 65 Warnings<https://www.natlawreview.com/article/california-regulators-propose-new-regulations-to-limit-use-short-form-proposition-65>, April 5, 2021, Proposition 65 is the California law that requires warning labels on products sold to California customers that potentially expose users to certain chemicals which may cause a risk of cancer or reproductive harm. The state maintains a list of approximately 900 chemicals that fall within Prop 65, and the statute provides detailed guidance on what the warning label must contain. Because of the steep penalties that can be imposed under Prop 65 litigation, compliance with the warning requirements is vital for any company selling products into California. Recently, the California Office of Environmental Health Hazard Assessment (OEHHA) has proposed amendments to the format requirements for Proposition 65 warnings that will require companies to re-assess the sufficiency of their current warnings. New Mexico Enacts 98 Percent Gas Capture Rule<https://www.natlawreview.com/article/new-mexico-enacts-98-percent-gas-capture-rule>, April 2, 2021, After two years of rulemaking, and more than a year of public comments, on Thursday, March 25, 2021, New Mexico’s Oil Conservation Commission (OCC) unanimously approved new regulations on natural gas emissions that require New Mexico operators to capture 98 percent of natural gas emissions by 2026 and prohibit venting or flaring, except in the case of emergencies or equipment failure. Last Adopted in 2009, California State Water Board Working on New Construction Stormwater General Permit for 2021<https://www.natlawreview.com/article/last-adopted-2009-california-state-water-board-working-new-construction-stormwater>, April 2, 2021, Barack Obama was seven months into his first term as President of the United States, the World Health Organization had declared a H1N1 flu pandemic, and the California State Water Resources Control Board (State Board) adopted the current Construction General Permit for Stormwater Discharges (Permit or CGP). It was September 2009. Now, having administratively extended the Permit since 2014 when, by its terms, the Permit expired, the State Board may, under a schedule released late last year, soon release a new draft CGP for public comment, with a goal of adopting it late this summer. US Senate Committee Introduces Clean Vehicle Charging Legislation<https://www.natlawreview.com/article/us-senate-committee-introduces-clean-vehicle-charging-legislation>, March 29, 2021, Earlier this week, a group of cross-party US senators introduced the Securing America’s Clean Fuels Infrastructure Act (the Act) to promote investments in clean vehicle infrastructure. The types of infrastructure supported by the legislation include electric vehicle charging stations and hydrogen refueling stations for fuel cell vehicles. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Mexico to Discuss Oil and Gas Reform Bill<https://www.jdsupra.com/legalnews/mexico-to-discuss-oil-and-gas-reform-8988296/>, April 1, 2021, On March 26, 2021, Mexico's president submitted to the Chamber of Representatives (Cámara de Diputados) a bill to reform the Hydrocarbons Law (Ley de Hidrocarburos or LH) (the LH Reform) that favors the state-owned company, Petróleos Mexicanos (Pemex). The LH Reform will follow the standard course of discussion and approval. As such, it will be discussed in the Chamber of Representatives, and then, if approved, it will be passed to the Mexican Senate for discussion and approval. If approved, the president shall enact it through Mexico's Official Federal Gazette (Diario Oficial de la Federación). What the Biden Administration Offshore Wind Proposal Could Mean for New York ‎Offshore Wind<https://www.jdsupra.com/legalnews/what-the-biden-administration-offshore-8234467/>, April 1, 2021, On March 29, the Biden Administration issued a proposal to significantly boost U.S. investment in offshore wind energy. In addition to several funding mechanisms, the Administration proposed to designate a significant portion of the shallow water outside New York Harbor off the coasts of New York and New Jersey, called the “New York Bight”, as a priority Wind Energy Area. The next step is for BOEM to publish a Proposed Sale Notice for formal public comment followed by a lease process that the Administration estimates will take place in late 2021 or early 2022. Oregon Bill Proposes New Statewide Land Use Planning Goal for Climate Justice<https://www.jdsupra.com/legalnews/oregon-bill-proposes-new-statewide-land-1374493/>, March 30, 2021, Oregon House Bill 2488 requires the Land Conservation and Development Commission to adopt a new statewide planning goal to address climate change mitigation and environmental justice for disadvantaged communities (“Goal 20”). Goal 20 would require local governments, and by extension new projects and land use proposals, to evaluate climate change impacts, mitigate greenhouse gas emission, and protect carbon sequestration areas. Notably, the implementation of Goal 20, including any rule, land use regulation, or land use decision related to Goal 20 is exempted from compensating impacted parties under the Measure 49 statutes (ORS §§ 195.305–195.366) and the protections for property owners contained therein. If you have any questions, please do not hesitate to contact me or query the group. 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