Dear Section Members, It was nice to see many of you at the IMLA conference. Here is the biweekly news roundup: On BBKlaw<https://www.bbklaw.com/news-events/insights#sortBy=date-recent-first>: 120-Day Statute of Limitations for New or Increased California Water and Sewer Rates<https://www.bbklaw.com/news-events/insights/2021/legal-alerts/09/120-day-statute-of-limitations-for-new-or-increase>, September 23, 2021, A challenge to new or increased California water or sewer rates must be brought within 120 days pursuant to Senate Bill 323, which was signed into law this week. SB 323 applies to rates for both retail and wholesale water and sewer fees adopted or increased after January 1, 2022. How will this impact local agencies across the state? On Law 360<https://www.law360.com/environmental/news?page=1>: New PFAS Reporting Rule Could Be Tough For Businesses<https://www.law360.com/environmental/articles/1427455/new-pfas-reporting-rule-could-be-tough-for-businesses>, October 1, 2021, The U.S. Environmental Protection Agency's pending requirement that companies report their use of so-called "forever chemicals" could impose a tough burden on businesses across many industry sectors, and environmental attorneys say it's crucial that companies act now to prepare. Path To Migratory Bird Permit Program Won't Be Smooth<https://www.law360.com/environmental/articles/1426816/path-to-migratory-bird-permit-program-won-t-be-smooth>, September 30, 2021, As the Biden administration looks to break new ground on how the federal government carries out its responsibilities under the Migratory Bird Treaty Act with a potential permitting program, a slew of industry and environmental groups will finally get a chance to influence how the long-discussed idea should be put into place. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Department of Interior Revokes Migratory Bird Treaty Act Rule<https://www.natlawreview.com/article/department-interior-revokes-migratory-bird-treaty-act-rule>, September 30, 2021, In an action that will take effect December 3, 2021, the Department of Interior has revoked the 2021 Migratory Bird Treaty Act Rule which defined the types of activities criminalized under the Act. In the revoked rule, issued on January 7, 2021 in the last days of President Trump's administration, Interior defined prohibited activities under the Act to exclude the incidental-i.e., unintentional-taking of migratory birds. Interior's action now reverses the agency's short-lived position on incidental takes (which was first articulated early in the Trump Administration via a Department of the Interior legal opinion), and the agency has explained in its revocation rule that it will be pursuing yet another rulemaking to develop and implement standards and a permitting program. In the meantime, Interior will go back to its decades-long practice of enforcing the MBTA consistent with its interpretation of the text of the Act as including incidental take and any court decisions applicable to a particular enforcement action. California Expands PPE Stockpile and Employee Training Requirements to Address Wildfire Smoke Events<https://www.natlawreview.com/article/california-expands-ppe-stockpile-and-employee-training-requirements-to-address>, September 28, 2021, On September 27, 2021, the Governor of California signed Assembly Bill 73 (AB 73) which expands worker protections from wildfire smoke. In response to the COVID-19 pandemic, California enacted Health & Safety Code section 131021 last year. It requires the State Department of Public Health and Office of Emergency Services to establish a stockpile of personal protective equipment (PPE) to address pandemics and other health emergencies. In developing the guidelines for creating this stockpile, the Department must consider, among other things, the amount and type of PPE required for health care workers and other "essential workers" during a 90-day period. PFAS Georgia Rulings Open Door To Downstream Liabilities<https://www.natlawreview.com/article/pfas-georgia-rulings-open-door-to-downstream-liabilities>, September 27, 2021, In June 2021, we detailed various PFAS lawsuits in Georgia stemming from alleged drinking water pollution from the carpet manufacturing industry based in Dalton, Georgia (the "carpet capital of the world"). The lawsuits allege that the numerous carpet manufacturers in the region have for years polluted waterways and drinking water sources with PFAS, which will cost tens of millions of dollars to remediate. Last week, a Georgia federal judge presiding over one of the federal cases issued a 180 page Order (Georgia PFAS Case Order) that allowed many of the claims to proceed against water districts and carpet manufacturers, but dismissed various claims against PFAS manufacturers such as 3M and DuPont. While the chemical manufacturers remain in the case on some claims, the PFAS Georgia rulings will have enormous impacts on the future of the PFAS litigation, as it presents the possibility that the PFAS chemical manufacturers (who have thus far born the brunt of legal liability for PFAS environmental pollution claims) may in some instances be off the hook, with downstream companies and water utilities left with legal liability. Build Back Better: Notable Infrastructure and Other Public Finance Provisions Make Progress in Congress<https://www.natlawreview.com/article/build-back-better-notable-infrastructure-and-other-public-finance-provisions-make>, September 23, 2021, On Wednesday, September 15, 2021, the House Committee on Ways and Means advanced the infrastructure bill (also called the Build Back Better Act). Of particular interest to the public finance market are Subtitles F and G, which are Infrastructure Financing and Community Development, and Green Energy, respectively. The legislation includes dozens of development finance provisions related to bonds, tax credits, and housing. The link to Subtitles F and G can be found here. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: State Laws Provide New Pathways for Environmental Justice Claims<https://www.jdsupra.com/legalnews/state-laws-provide-new-pathways-for-9946369/>, October 1, 2021, Environmental justice moved to the forefront of sociopolitical discussions in the country in 2020, receiving increased attention from politicians, community groups, and environmental agencies. Although this concept is not new, for decades plaintiffs have struggled to find an effective means of asserting environmental justice claims. This is largely due to the lack of a stand-alone, federal environmental justice statute. Instead, plaintiffs have attempted to incorporate the environmental justice concept into claims brought under other federal environmental statutes, such as the National Environmental Policy Act (NEPA) and the Clean Air Act (CAA). But these claims have been largely unsuccessful. Plaintiffs have also attempted to rely on another, nonenvironmental federal statute-the Civil Rights Act. But given that the statute requires a showing of discriminatory intent, environmental justice claims were ineffective. A shift occurred in 2020, with plaintiffs focusing on state laws as avenues to bring environmental justice claims. This article discusses three recent cases and the changes they have created in the litigation approach for environmental justice claims. Is the American Bumble Bee Endangered or Threatened? The U.S. Fish and Wildlife Service Plans to Find Out<https://www.jdsupra.com/legalnews/is-the-american-bumble-bee-endangered-7538722/>, September 30, 2021, On September 29, 2021, the U.S. Fish and Wildlife Service (FWS) published notice in the Federal Register that it has made an affirmative 90-Day Finding for the American bumble bee, along with four other species, based on an environmental group's February 1, 2021 Petition to list the species under the Endangered Species Act. Environmental Impact Review and Environmental Justice: How Hard Will It Be To Merge the Two?<https://www.jdsupra.com/legalnews/environmental-impact-review-and-5666991/>, September 24, 2021, Environmental justice is clearly an idea whose time has - finally - come. The need to find the intersection between the search for racial justice and efforts to save the planet is undeniable. If we get it right, we'll be at least partially solving two problems at once. First, mobilizing underserved communities in the fight against climate change and other environmental problems increases the number of voices arguing for aggressive action, making it more likely that the problems will be addressed. Second, addressing climate change and other environmental ills won't solve our racial problems, but it would certainly help address some of them. USFWS Ordered to Take Another Look at Joshua Tree<https://www.jdsupra.com/legalnews/usfws-ordered-to-take-another-look-at-9067731/>, September 24, 2021, On September 20, 2021, the U.S. District Court for the Central District of California set aside the U.S. Fish and Wildlife Service's (Service) negative 12-month finding (Finding) on a petition by WildEarth Guardians (Guardians) to list the Joshua tree (Yucca brevifolia) as threatened under the Endangered Species Act (ESA). The petition had alleged that the Joshua tree is threatened by the effects of climate change and its associated effects, including drought and increasing wildfires. On September 14, 2016, the Service issued a positive finding on Guardians' petition, finding that the petition presented substantial scientific and commercial information indicating listing the tree may be warranted. New Law Protects Water/Wastewater Sector by Limiting Rate Challenges<https://www.jdsupra.com/legalnews/new-law-protects-water-wastewater-8948691/>, September 23, 2021, Water and wastewater agencies gained an important new protection from lawsuits challenging their rates on Wednesday, when Governor Newsom signed SB 323 (Caballero). For water or sewer service fees or charges adopted after January 1, 2022, this new law requires any lawsuits challenging those fees or charges to be commenced within 120 days of the effective date. Water and sewer agencies for years have been exposed to lawsuits brought up to a decade after their rates were adopted, leading to a lack of budgetary certainty and placing extraordinary and costly pressure on water and wastewater agencies to modify their rates in light of the ever-changing standards articulated by appellate courts evaluating other agencies' rate approaches. Illinois Poised to Become National Leader for Electric Vehicles with Passage of Clean Energy Bill<https://www.jdsupra.com/legalnews/illinois-poised-to-become-national-7208958/>, September 23, 2021, On Sept. 15, Illinois Gov. Pritzker signed a sweeping clean energy bill into law, the Climate and Equitable Jobs Act, which sets a statewide clean energy goal of 100 percent by 2050. Among the expansive clean energy provisions included in the bill is language that establishes a goal of one million electric vehicles (EV) in Illinois by 2030 and offers $4,000 rebates for residents that purchase an EV (beginning July 1, 2022). The state rebate can be used in conjunction with the federal plug-in electric vehicle (PEV) tax credit, which ranges from $2,500 to $7,500. Please tell us 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> 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.