Dear Section Members, I hope you are and yours are doing well. As always, here is the news roundup. On BBKlaw<https://www.bbklaw.com/news-events/insights#sortBy=date-recent-first>: Beware of Coastal Act Violations: Court Upholds Coastal Commission's Authority to Impose up to $20 Million Penalty<https://www.bbklaw.com/news-events/insights/2021/legal-alerts/04/beware-of-coastal-act-violations-court-upholds-coa>, April 19, 2021, The California Legislature gave sharper teeth to the Coastal Act in 2014 by authorizing the Coastal Commission to impose a staggering penalty against any person in violation of the Coastal Act's public access provisions. Under Public Resources Code section 30821, the Coastal Commission could impose a penalty of up to $11,250 for each day the violation persists for up to five years. On Law 360<https://www.law360.com/environmental/news?page=1>: EPA Defends Lifting Pet Pesticide Ban At 9th Circ.<https://www.law360.com/environmental/articles/1376268/epa-defends-lifting-pet-pesticide-ban-at-9th-circ->, April 20, 2021, The U.S. Environmental Protection Agency wants the Ninth Circuit to reject a green group's lawsuit accusing it of improperly denying a more-than-decade-old petition to ban a dangerous pesticide used in pet collars. The agency said Friday that its decision to reject the Natural Resources Defense Council's request to ban uses of tetrachlorvinphos, or TCVP, in all pet products was based on sound science. It said that mitigation measures imposed on manufacturers like Hartz ensure that products do not threaten human health. Dems Unleash Bill Targeting Fossil Fuel Tax Breaks, Subsidies<https://www.law360.com/environmental/articles/1375622/dems-unleash-bill-targeting-fossil-fuel-tax-breaks-subsidies>, April 15, 2021, Democratic lawmakers on Thursday proposed legislation targeting the fossil fuel industry that would increase payments companies must make to the government, eliminate tax benefits and subsidies, and ban taxpayer-funded fossil fuel research and development. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Navigating Ohio's Wild West: Exceptions to the Marketable Title Act<https://www.natlawreview.com/article/navigating-ohio-s-wild-west-exceptions-to-marketable-title-act>, April 14, 2021, Last year in West v. Bode, the Ohio Supreme Court determined that mineral estates are subject to the statutory double barrel of both the Marketable Title Act (MTA) and the Dormant Mineral Act (DMA), providing surface owners two simultaneous procedures for terminating long-held mineral estates and reunifying the property. In doing so, the court shot down mineral owners' arguments that the MTA was superseded by the later-enacted DMA. In light of West, Ohio courts continue to analyze the specific operations of the MTA, with mixed results for mineral owners. The Missing Link in the Water Wars: Proving Injury and Causation<https://www.natlawreview.com/article/missing-link-water-wars-proving-injury-and-causation>, April 14, 2021, On 1 April, the U.S. Supreme Court (the Court) put to rest the long-simmering dispute between Florida and Georgia over Georgia's use of water from the Apalachicola-Chattahoochee-Flint River Basin (the Basin) that Florida contends is destroying its oyster fisheries. In a unanimous decision, the Court sided with Georgia by concluding that Florida had failed to prove that the collapse of its oyster fisheries was caused by Georgia's overconsumption of Basin waters. California Legislature Mulls Imposing Greenhouse Gas Emissions Disclosure Requirements<https://www.natlawreview.com/article/california-legislature-mulls-imposing-greenhouse-gas-emissions-disclosure>, April 12, 2021, Today, the California Senate Environmental Quality Committee is scheduled to hear SB 260, aka the Climate Corporate Accountability Act. This bill would require the California Air Resources Board to adopt regulations develop and adopt regulations requiring business entities with total annual revenues in excess of $1 billion and that do business in California publicly to disclose their greenhouse gas emissions. Actions on Climate Change Disclosure in California and New Report Indicate Spring May Be In Like a Lion and Out Like One Too!<https://www.natlawreview.com/article/actions-climate-change-disclosure-california-and-new-report-indicate-spring-may-be>, April 7, 2021, On Monday, the State of California launched a new group out of Governor Newsom's office - the Climate-Related Risk Disclosure Advisory Group just as CERES (Coalition for Environmentally Responsible Economies), a non-profit organization that has been a significant voice over the past decade on climate and sustainability economic issues, issued a report entitled, Turning Up the Heat, The need for urgent action by U.S. financial regulators in addressing climate risk. Plastics Waste Reduction Bill is Flawed, Says Industry<https://www.natlawreview.com/article/plastics-waste-reduction-bill-flawed-says-industry>, April 6, 2021, The plastics industry has expressed concern over certain provision in legislation aimed to reduce plastic waste that was introduced by U.S. Senator Jeff Merkley (D-OR), S.984, and by U.S. Congressman Alan Lowenthal (D-CA), H.R.2238, on March 25 and 26, 2021, respectively. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Gavel to Gavel: Habitat Definition Critical to Threatened, Endangered Species<https://www.jdsupra.com/legalnews/gavel-to-gavel-habitat-definition-8691066/>, April 16, 2021, A new rule defining habitat could narrow the scope of land eligible for designation as critical habitat under the Endangered Species Act. A key provision of the ESA is the designation of critical habitat. Listing a species as threatened or endangered requires the Secretary of the Interior to designate areas as that species' critical habitat. Property designated as critical habitat is protected through ESA's Section 7, which requires federal agencies to consult with the Secretary to "[e]nsure that any action authorized, funded, or carried out" by the agency is not likely to adversely affect critical habitat. This includes agencies issuing permits required for land development. General Permit for Winery Process Water Discharge Issued<https://www.jdsupra.com/legalnews/general-permit-for-winery-process-water-3459680/>, April 13, 2021, The State Water Resources Control Board ("SWRCB") approved the much-debated General Waste Discharge Requirements for Winery Process Water ("Winery Order") on January 20, 2021. Although the official version of the approved Winery Order has not been released, an uncertified copy has been posted on the SWRCB website. Based on that document, most of the elements of the draft Winery Order remain unchanged from the most-recent draft issued for public comment. USDA and Mexico Actions Impact Genetically Engineered Foods in the United States<https://www.jdsupra.com/legalnews/usda-and-mexico-actions-impact-5349195/>, April 9, 2021, Two contrasting regulatory decisions by authorities in the United States and Mexico highlight the continued progress toward, and challenges to, the development of science and evidence based regulatory policies applicable to genetically engineered foods. In the United States, the U.S. Department of Agriculture (USDA) announced the issuance of the Record of Decision as the final action completing the National Environmental Policy Act (NEPA) process associated with the 2020 amendments to the 7 C.F.R. Part 340 regulations that govern the interstate movement of certain genetically engineered organisms. The Part 340 amendments updated USDA's regulations applicable to genetically engineered organisms that are subject to USDA's regulatory purview to better reflect current scientific understanding of the risks posed by such organisms. Meanwhile, moving in a completely opposite direction, the Government of Mexico continues to lurch toward an effective prohibition on imports of some genetically engineered corn in accordance with a December 31, 2020 decree. The decree and possible consequent actions are based on assumptions and conclusions that are completely at odds with scientific evidence regarding genetically engineered foods. Please tell me if you have any questions. 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