Dear Section Members, Here is the news roundup. On BBKlaw<https://www.bbklaw.com/news-events/insights#sortBy=date-recent-first>: Environmental, Energy & Climate Change Law and Regulation Reporter<https://www.bbklaw.com/news-events/insights/2021/authored-articles/11/environmental-energy-climate-change-law-october>, November 16, 2021, Several members of Best Best & Krieger's Environmental Law & Natural Resources practice group were published in the October 2021 issue of the Environmental, Energy & Climate Change Law and Regulation Reporter. Their published analysis covers a range of recent environmental investigations, settlements, penalties and judicial developments. Monumental $1.2 Trillion Bill Passed to Revitalize the Nation's Infrastructure<https://www.bbklaw.com/news-events/insights/2021/legal-alerts/11/monumental-1-2trillion-infrastructure-bill-passed>, November 16, 2021, President Biden has signed into law a historic $1.2 trillion infrastructure bill. The bill contains significant federal investments for roads, bridges, ports, rail transit, water infrastructure and internet connections, and $550 billion in new federal spending over a five-year period, in addition to routine funding for transportation programs. The programs within the infrastructure bill will be administered by the designated federal agency, with the first round of funding from the package to be made available in 2022. On Law 360<https://www.law360.com/environmental/news?page=1>: Industry Lines Up Against Biden NEPA Changes<https://www.law360.com/environmental/articles/1443214/industry-lines-up-against-biden-nepa-changes>, November 23, 2021, Energy, agriculture, construction, manufacturing and other business groups have come out swinging against the Biden administration's efforts to roll back Trump-era changes to environmental reviews that were seen as industry friendly. Thousands of comments poured in to the White House Council on Environmental Quality before Monday's deadline on the CEQ's proposed rule to amend National Environmental Policy Act implementing regulations. The CEQ said it's taking a two-step approach to changes, with the first phase dealing with some important issues the Biden administration wanted to address quickly, with a second phase to come that could touch on a variety of other things. Pesticide Use Targeted In New Senate Farmworker Safety Bill<https://www.law360.com/environmental/articles/1442752/pesticide-use-targeted-in-new-senate-farmworker-safety-bill->, November 22, 2021, Sen. Cory Booker, D-N.J., announced a bill Monday that would ban the use of some pesticides and provide additional workplace protections for farmworkers harmed by the chemicals. On Monday, Booker presented a bill meant to update the Federal Insecticide, Fungicide and Rodenticide Act of 1972, or FIFRA, and bolster safeguards for farmworkers through the U.S. Environmental Protection Agency. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: PFAS Ban For Food Packaging Proposed<https://www.natlawreview.com/article/pfas-ban-food-packaging-proposed>, November 30, 2021, On November 18, 2021, the Keep Food Containers Safe from PFAS Act ("Act") was introduced in the Senate and House, which proposes a PFAS ban for food packaging in the United States. The bill, while incredibly brief, would accelerate efforts already underway by the food packaging industry to develop feasible substitutes for PFAS in its products. Food packaging companies, though, should not assume that a ban on PFAS in food packaging or a voluntary phase out of PFAS will result in protection from future lawsuits. Mitigating Construction Risks in Offshore Wind Projects<https://www.natlawreview.com/article/mitigating-construction-risks-offshore-wind-projects>, November 29, 2021, With the expected boom in US offshore wind construction, all participants in the process should adopt important risk management approaches to avoid problems and disputes that drive up costs and cause delays. This article highlights the important concepts of coordination among the parties and the use of an independent disputes advisor to resolve issues in real-time during construction. California Air Resources Board Announces Rulemaking Regarding Small Off-Road Engine Regulations<https://www.natlawreview.com/article/california-air-resources-board-announces-rulemaking-regarding-small-road-engine>, November 22, 2021, On Oct. 9, 2021, California Gov. Newsom signed into law Assembly Bill 1346, which will require the California Air Resources Board (CARB) to develop regulations to prohibit engine exhaust and emissions from small off-road engines (SORE), such as lawn mowers, portable generators, and the profusion of other equipment utilizing small gasoline engines for power, by July 1, 2022. The Legislature did not provide any specific guidance on what regulations CARB must adopt, requiring only that these new regulations be "cost-effective and technologically feasible." Electricity Transmission Provisions in the Bipartisan Infrastructure Bill<https://www.natlawreview.com/article/electricity-transmission-provisions-bipartisan-infrastructure-bill>, November 18, 2021, On Monday, November 15, 2021, President Biden signed into law the $1.2 trillion Infrastructure Investment and Jobs Act (the "Act"), commonly referred to as the Bipartisan Infrastructure Bill. The package provides funding opportunities for a variety of traditional infrastructure projects, including approximately $65 billion for energy and electric grid development. The Act's energy provisions are diverse, and include opportunities for those investing in grid resilience and reliability, research and development for newer and emerging technologies such as battery storage and hydrogen, cybersecurity infrastructure, electric vehicle infrastructure, nuclear power, and emissions reduction technologies, among others. This update focuses on one subset of the energy provisions contained in the Act: direct investment in the nation's electric transmission and distribution facilities. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: "Natural" Refrigeration Facilities Face EPA Enforcement Under the Clean Air Act<https://www.jdsupra.com/legalnews/natural-refrigeration-facilities-face-1032434/>, November 30, 2021, Recent U.S. Environmental Protection Agency (EPA) enforcement cases against operators of ammonia refrigerant facilities highlight an imminent compliance obligation and new enforcement risk for operators of refrigeration equipment that use non-HFC refrigerant chemicals (e.g., see EPA Press Release here). Ammonia and other "natural refrigerant" chemicals have long been used in large-scale industrial freezers as alternatives to Hydrofluorocarbons (HFCs and CHFCs). HFCs are being phased out or banned due to their extremely high Global Warming Potential and damage to stratospheric ozone. Thus, smaller industrial and commercial facilities (e.g., distribution warehouses and grocery stores) will need to retrofit or replace HFC systems with ammonia and other non-HFC refrigerant fluids and gases. FinCEN Issues Notice on Environmental Crimes and Illicit Financial Activity<https://www.jdsupra.com/legalnews/fincen-issues-notice-on-environmental-5930468/>, November 29, 2021, Global environmental crime-the third largest illicit activity in the world, according to a report by the FATF-is estimated to generate hundreds of billions in illicit proceeds annually. This criminal activity harms human health, the climate, and natural resources. To help address the threat presented by environmental crimes, the Financial Crimes Enforcement Network (FinCEN) issued an environmental crimes and associated illicit financial activity notice (Notice) on November 18, 2021. The FinCEN Notice states that environmental crime and related illicit financial activity are associated strongly with corruption and transnational criminal organizations, both of which FinCEN has identified as national anti-money laundering and countering the financing of terrorism (AML/CFT) priorities for financial institutions to detect and report. Mandatory Climate-related Disclosures Set to Become Law in the UK<https://www.jdsupra.com/legalnews/mandatory-climate-related-disclosures-3019279/>, November 24, 2021, On 29 October 2021, the UK government introduced The Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2021 (the "Draft Regulations"), which would, once in force, amend the Companies Act of 2006 and require mandatory climate-related financial disclosures by large UK registered companies and financial institutions. The adoption of the Draft Regulations would make the UK the first country in the G-20 to promulgate legislation requiring the disclosure of climate-related risks. The Draft Regulations, which also follow the publication of the UK's Net Zero Strategy that sets out how the UK government plans to deliver its emissions targets of net zero by 2050 and a 78% reduction from 1990 levels by 2035, will also make the UK the first G-20 nation to require disclosures aligned with the Financial Stability Board's Task Force on Climate-related Financial Disclosures (the "TCFD") recommendations Please tell the group or me if you have questions or comments. Also, please stay safe. 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.