Dear Section Members, Here is the first news roundup of the summers. On BBKlaw<https://www.bbklaw.com/news-events/insights#sortBy=date-recent-first>: Planning, Zoning and Development Legal Update<https://www.bbklaw.com/news-events/insights/2021/authored-articles/05/planning-zoning-and-development-legal-update>, May 26, 2021, The last couple of years have been transformative for housing and development in California. Among the new laws passed in the last two years are a variety that seek to address the State's ongoing housing shortage. Some of the new laws also aim to respond to the impacts caused by the COVID-19 pandemic and the resulting economic downturn. As we lived with these laws through the pandemic and beyond, we have given them a thorough read to decipher the nuance of some of the complicated implications. On Law 360<https://www.law360.com/environmental/news?page=1>: EPA Moves To Bolster State And Tribal CWA Veto Authority<https://www.law360.com/environmental/articles/1388971/epa-moves-to-bolster-state-and-tribal-cwa-veto-authority>, May 27, 2021, The Biden administration is reversing course on portions of a Trump-era rule criticized for hobbling the authority of states and tribes to block projects like pipelines and dams over Clean Water Act concerns, the U.S. Environmental Protection Agency announced Thursday. The agency announced its intent to revise the 2020 Clean Water Act Section 401 Certification Rule after determining during its sweeping review of Trump administration policies that it erodes the authority of states and tribal authorities to block those water-based projects and act as active collaborative partners in water pollution regulation. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Biden Administration Advances California Offshore Wind Development<https://www.natlawreview.com/article/biden-administration-advances-california-offshore-wind-development>, May 26, 2021, On May 25, 2021, the Biden Administration announced an agreement to lease almost 400 miles off California's northern and central coasts for offshore wind development. The announcement expands on the recent approval of the first major offshore wind project in US waters. In an effort to decarbonize US power generation, the administration noted, "These initial areas for offshore wind development in the Pacific Ocean could bring up to 4.6 gigawatts of clean energy to the grid, enough to power 1.6 million American homes." Supreme Court Clarifies That Only CERCLA Settlements Trigger Contribution Claims<https://www.natlawreview.com/article/supreme-court-clarifies-only-cercla-settlements-trigger-contribution-claims>, May 25, 2021, On May 24, the Supreme Court weighed in on an issue that for decades has bedeviled litigants under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): When can potentially responsible parties bring a cost recovery action under CERCLA § 107, and when must they bring a contribution action under CERCLA § 113? In Guam v. United States, the Court addressed the trigger for a contribution action under § 113(f)(3)(B) in the common context of a government settlement that does not specify the resolution of CERCLA liability. The Court held unanimously that a 2004 settlement with EPA resolving Clean Water Act claims and requiring Guam to remediate a "280-foot mountain of trash" did not constitute a resolution of Guam's CERCLA liabilities for the Ordot Dump and did not trigger the contribution provisions in § 113(f)(3)(B). The Food Safety Aspects of Edible Insects<https://www.natlawreview.com/article/food-safety-aspects-edible-insects>, May 25, 2021, Recently growing concerns about the environmental effects of food production has led to an interest in the possibility of using insects as a viable nutrient source in both human diets and animal feed (due to the low carbon, water and ecological footprints associated with insect farming and edible insects can be a good source of protein, fatty acids, vitamins and minerals). Department of Energy Announces Initiative to Promote Greener HVAC Systems in Residential and Commercial Buildings<https://www.natlawreview.com/article/department-energy-announces-initiative-to-promote-greener-hvac-systems-residential>, May 21, 2021, On Tuesday, Secretary of Energy Jennifer Granholm announced a series of initiatives to reduce the negative environmental impacts of residential and commercial buildings. Homes and buildings generate more than one-third of the carbon pollution released by the United States each year, use about 40% of the country's energy, and result in more than $100 billion of waste due to energy inefficiency. In response to the building and construction sector's significant contributions to climate change, the United States Department of Energy (DOE) unveiled the Initiative for Better Energy, Emissions, and Equity (E3), a program designed to increase energy efficiency in buildings through the use of sustainable heating and cooling technologies. Virginia to Ban Expanded Polystyrene Take-out Containers Starting in 2023, Commits to Phasing Out Single-Use Plastics at State Agencies<https://www.natlawreview.com/article/virginia-to-ban-expanded-polystyrene-take-out-containers-starting-2023-commits-to>, May 18, 2021, Virginia has enacted a ban on polystyrene food service containers, which will be implemented in two phases, and has committed to discontinuing most single-use plastics by state agencies, colleges, and universities. The proposal to eliminate expanded polystyrene food service containers was first put forth in 2020 and passed the Virginia General Assembly. However, a senate provision required that it be passed again 2021 for the law to take effect. HB 1902 was successfully passed in January 2021. The bill continued to face opposition, though, by senators who questioned whether this could serve as another blow to restaurants already struggling on account of the pandemic. Negotiations involving a separate bill dealing with chemical recycling led to what was termed, by Sen. Chap Petersen, the great Polystyrene Compromise of 2021, and the polystyrene ban was signed into law by Virginia Governor Ralph Northam on March 23. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Royal Dutch Shell ordered to reduce its global emissions by 45% by 2030<https://www.jdsupra.com/legalnews/royal-dutch-shell-ordered-to-reduce-its-5436630/>, June 1, 2021, In a significant judgment that will be of considerable interest around the world, on 26 May 2021, the Hague District Court in the Netherlands ordered that Royal Dutch Shell ("RDS"), on behalf of itself and its wider group (the "Shell Group"), cut its CO2 emissions by 45% by 2030, compared to 2019 levels. The Court's landmark ruling, which draws on the growing series of climate change agreements like the Paris Agreement, along with human rights standards such as those in the UN Guiding Principles, is likely to have significant implications for multinational companies, even those operating outside the oil and gas or energy sector. Climate Lawsuits Face Setbacks as they Raise Major Public Policy Issues<https://www.jdsupra.com/legalnews/climate-lawsuits-face-setbacks-as-they-6246580/>, May 26, 2021, The drive to litigate public policy over climate change took some hits the last two weeks in the United States Supreme Court. First, last Monday in the case of Mayor and City Council of Baltimore v. BP P. L. C. et al., Justice Neil Gorsuch issued a very technical ruling that sent back to the lower Fourth Circuit Court of Appeals the question of in what forum a municipality can sue an energy company for actions that the municipality claims have wrongfully contributed to climate change. Then yesterday, the Supreme Court followed that up by sending back to Federal District Courts three other lawsuits against oil and gas companies for reconsideration of proper forum in light of the Baltimore ruling. Surface Water Data In Pennsylvania Identifies PFAS in Multiple Locations Statewide<https://www.jdsupra.com/legalnews/surface-water-data-in-pennsylvania-8709965/>, May 26, 2021, The march toward regulation of PFAS in Pennsylvania continues (see our recent post on statewide public water system sampling results), with the release of final data from sampling conducted in September 2019 of surface waters throughout the Commonwealth. The study, a collaboration among the U.S. Geological Service ("USGS"), the Susquehanna River Basin Commission, and the Pennsylvania Department of Environmental Protection ("PADEP"), collected and analyzed over 200 grab samples collected from 178 PADEP Water Quality Network station locations, as well as passive samples collected at 18 locations over a period of about one month. The results reflect raw surface water concentrations for a set of 33 PFAS chemicals, including PFOA, PFOS, and PFBS, plus 19 oxidizable PFAS precursors. Please feel free to tell the group or contact me if you have any questions or comments. Thanks, Gene [http://clients.bbklaw.net/images/logos/bbklogohires.jpg]<http://www.bbklaw.com/> Gene Tanaka <https://www.bbklaw.com/our-team/gene-tanaka> Partner gene.tanaka@bbklaw.com T: (925) 977-3301 C: (951) 334-7261 www.BBKlaw.com <http://www.BBKlaw.com> [http://clients.bbklaw.net/images/logos/LinkedIn-rescaled.jpg] <https://www.linkedin.com/company/bestbestkrieger/> [http://clients.bbklaw.net/images/logos/Twitter_logo_white.jpg] <https://twitter.com/BBKlaw> Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be physically closed. Because all staff are working remotely, all documents (including correspondence, pleadings, and discovery) will be served via e-mail until further notice. Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail or delivery. Send all e-served documents in your case to the e-mail addresses for any Best Best & Krieger LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.