Dear Section Members, I hope you and yours are doing well. As always, here is the news roundup. For those of you following climate change issues, there are several articles this cycle. On Law 360<https://www.law360.com/environmental/news?page=1>: EPA Takes Action To Address PFAS In Drinking Water<https://www.law360.com/environmental/articles/1357683/epa-takes-action-to-address-pfas-in-drinking-water>, February 22, 2021, The U.S. Environmental Protection Agency on Monday moved forward with two measures to address PFAS chemicals, including a determination to develop drinking water regulations on two of the substances. That determination means that the agency will now move forward with the development of drinking water regulations for perfluorooctanoic acid, or PFOA, and perfluorooctanesulfonic acid, or PFOS, under the Clean Water Act. Those substances are two of thousands of per- and polyfluoroalkyl - aka PFAS - chemicals, which are referred to as "forever chemicals" because of their longevity in the human body and the environment. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: More States Consider Minimum Recycled Content Requirements<https://www.natlawreview.com/article/more-states-consider-minimum-recycled-content-requirements>, February 18, 2021, As we reported in October 2020, California became the first state in the U.S. to require a minimum post-consumer recycled resin in plastic bottles (see CA to Require Minimum Recycled Content in Plastics Bottles). Other states may follow California's lead. Washington, New Jersey, and Oregon are three states where legislatures have introduced bills requiring the use of post-consumer recycled content in certain types of packaging. Washington Department of Ecology Preparing New Rule to Assess Greenhouse Gas Emissions<https://www.natlawreview.com/article/washington-department-ecology-preparing-new-rule-to-assess-greenhouse-gas-emissions>, February 17, 2021, This April, the Washington State Department of Ecology (Ecology) is expected to release a draft of its new rule titled Greenhouse Gas Assessment for Projects (GAP Rule). The GAP Rule could have major impacts on local governments and industries, such as port authorities, oil and gas refining, pulp and paper plants, manufacturing, and chemical producers. Intended to standardize the process for assessing greenhouse gas (GHG) emissions by major "industrial and fossil fuel" projects, the GAP Rule aims to create a consistent method for evaluating GHG emissions and a process for imposing mitigation measures. The GAP Rule would implement the Washington Clean Air Act and the State Environmental Policy Act (SEPA) during the environmental review process. However, because many details on the GAP Rule have yet to be clarified, the eventual impact of the rule on affected sectors and industries is still unclear. Nevertheless, what the GAP Rule does clearly mandate is an increased focus on identifying all project-related GHG emissions, which in turn will likely result in efforts by Ecology to impose more comprehensive GHG mitigation requirements during SEPA review. President Biden Issues Sweeping Executive Order Addressing Climate Change at Home and Abroad<https://www.natlawreview.com/article/president-biden-issues-sweeping-executive-order-addressing-climate-change-home-and>, February 11, 2021, President Joe Biden on January 27, 2021, issued the "Executive Order on Tackling the Climate Crisis at Home and Abroad." The executive order (EO) is sweeping and calls for a whole-of-government approach to climate change for both domestic and foreign affairs. Florida Water Hack Shows Danger of Remote Access Vulnerabilities<https://www.natlawreview.com/article/florida-water-hack-shows-danger-remote-access-vulnerabilities>, February 11, 2021, On February 8, 2021, Pinellas County, Florida officials announced that a hacker had remotely gained access to the City of Oldsmar's water treatment system on two separate occasions and was able to change the setting for sodium hydroxide in the water supply. The incident highlights the danger to local government information systems and the dangers of remote access vulnerabilities. Proposed Rule in Southern California Imposes Compliance Obligations To Reduce Emissions from Large Trucks and Yard Equipment<https://www.natlawreview.com/article/proposed-rule-southern-california-imposes-compliance-obligations-to-reduce-emissions>, February 10, 2021, The South Coast Air Quality Management District (SCAQMD) recently released a 153-page preliminary draft staff report that analyzes one of its most controversial proposed rules in recent years: the Warehouse Indirect Source Rule (Warehouse ISR). The Warehouse ISR, unlike other air district rules that mainly affect factory emissions, would require owners and operators of warehouses to take specific actions each year or pay a mitigation fee or implement a combination of the two. The Warehouse ISR regulates the emissions associated with vehicle travel to-and-from large warehouses within the SCAQMD's jurisdiction (portions of Los Angeles, Riverside, and San Bernardino Counties, as well as all of Orange County) with the primary goal of improving ozone and particulate matter levels in the region's air. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Carbon Emissions and the Recent Climate Mobilization Act of New York City<https://www.jdsupra.com/legalnews/carbon-emissions-and-the-recent-climate-6413440/>, February 15, 2021, The new Presidential administration has set off a renewed emphasis on sustainability and climate change. While owners and other stakeholders involved in New York City real estate have been grappling with many of these issues for a while-for example because of events such as Superstorm Sandy and the requirements of an earlier statute, Local Law 87 (which was passed in 2009 and requires that periodic energy audits be performed for buildings over 50,000 square feet), they are now addressing compliance with the Climate Mobilization Act, 2019 (or Local Laws 92, 94, 95, 96, 97, and 147 enacted in 2019)-one of the most ambitious local efforts in the country. Simply, the CMA's goal is to reduce New York City's carbon emissions by 40 percent by 2030 and by 80 percent by 2050 (as against a 2005 baseline as provided for in item 3 of Local Law 97). Regulatory Changes On the Horizon for California State Water Resources Control Board<https://www.jdsupra.com/legalnews/regulatory-changes-on-the-horizon-for-6137544/>, February 15, 2021, On December 17, 2020, the Sacramento County Superior Court issued a ruling limiting the ability of the California State Water Resources Control Board ("State Board") to implement its adopted statewide wetlands and Waters of the State ("WOTS") regulations. The State Board enacted the WOTS regulations on a statewide basis as amendments to the State Board's statewide water quality control plan. The court ruled that the State Board could not implement statewide regulations through a statewide water quality control plan for non-federal waters because the Porter Cologne Water Quality Act does not authorize the State Board to do so. This aspect of the decision potentially has broader implications for other regulations that the State Board has adopted as amendments to the statewide water quality control plan. Those broader implications are important to consider now because the State Board issued a Notice on February 3, 2021 stating that it will reconsider the WOTS regulations in response to the court's ruling in a hearing scheduled for April 6, 2021. Department of Energy Predicts Substantial Impact From Fracking Ban<https://www.jdsupra.com/legalnews/department-of-energy-predicts-2027297/>, February 15, 2021, The US Department of Energy submitted a report to the president last month on "Economic and National Security Impacts under a Hydraulic Fracturing Ban." This 80-page report analyzed the effects of a hypothetical United States ban on high-volume hydraulic fracturing technology used with any new or existing onshore wells starting in 2021 through 2025. Such a ban, the report predicts, would result in the loss of millions of jobs, price spikes at the gas pump, and higher electricity costs for all Americans. The report goes on to predict that a ban would eliminate the United States' status as the top oil and gas producing country, return the United States to a net importer of oil and gas by 2025, weaken the United States' geopolitical standing, and negatively affect its national security. The Shift to Electric Vehicles is Only Just Starting to Accelerate<https://www.jdsupra.com/legalnews/the-shift-to-electric-vehicles-is-only-4425951/>, February 11, 2021, The Biden Administration's day-1 recommitment to the Paris Climate Agreement brings front and center America's transition to electric vehicles (EVs) that has been slowly underway in the American automotive industry. No longer an idea reserved for R&D departments, liberal enclaves of the US, or the Nordic regions of Europe, EVs are now at the forefront of American car culture. Although most don't believe EVs will be the single source of salvation for climate change, many are predicting the sustainable transition to EVs will be a key component of reducing the emissions of greenhouse gasses on a large scale. As legacy automotive manufacturers and startups continue to drive the EV space forward at an ever accelerating pace, consumers and suppliers can expect rapid changes in the product and services offered surrounding the EV transition. We can also expect growth pains as the industry adapts to this emerging technology and transition from internal combustion engine (ICE) dominance. These growing pains are going to include infrastructure challenges as we move from gas-pumps to power-plugs and supply chain adjustments as vehicles become more computerized and less mechanized. 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