Dear Section Members, I hope you are all well. As always, here is the news roundup. On Law 360<https://www.law360.com/environmental/news?page=1>: EPA Allows Trump Aviation Gas Emissions Rule To Stand<https://www.law360.com/environmental/articles/1440809/epa-allows-trump-aviation-gas-emissions-rule-to-stand>, November 15, 2021, The U.S. Environmental Protection Agency said Monday that it would not be reworking Trump-era gas emissions standards for aircraft, a decision that means litigation challenging the rule brought by 11 states and the District of Columbia can resume. The EPA said in a filing in the D.C. Circuit that it has completed its review of the rule and doesn't plan to commence so-called reconsideration proceedings or a new rulemaking. The agency asked the appellate court to lift the stay on the proceedings and to give the parties time to put together a briefing schedule. Growing Role For Attorneys As 'Greenwashing' Risks Mount<https://www.law360.com/environmental/articles/1439484/growing-role-for-attorneys-as-greenwashing-risks-mount>, November 12, 2021, Companies that are seeking to convince the public of their commitment to environmental responsibility should be involving counsel to vet not only required reporting data, but also marketing claims in order to avoid the growing risk of "greenwashing" lawsuits and government enforcement actions, experts say. Corporate giants like ExxonMobil Corp. and the Coca-Cola Co. are currently facing lawsuits accusing them of misrepresenting actions on particular environmental issues. In Exxon's case, state and city prosecutors allege the company deceived the public about fossil fuels' climate risks, and in a proposed class action against Coke, a green group alleges the company falsely markets itself as environmentally "sustainable" despite being the largest generator of plastic waste in the world. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: California Passes Sweeping Package of "Green" Bills<https://www.natlawreview.com/article/california-passes-sweeping-package-green-bills>, November 15, 2021, In October 2021, Governor Gavin Newsom signed into law a sweeping package of six bills aimed at reducing plastic waste, improving recycling efforts, and clarifying labeling standards for recyclables and compostables. These new laws will likely mean significant changes for many companies. They come at a time when multiple states are passing similar environmentally focused bills, signaling a renewed effort to promote recycling and regulate green advertising. Boston Requires Carbon Neutrality for Existing Buildings<https://www.natlawreview.com/article/boston-requires-carbon-neutrality-existing-buildings>, November 10, 2021, Furthering the aims of c which identified large buildings as major carbon emitters, Boston City Council amended the Building Energy Reporting and Disclosure Ordinance (BERDO) to require all buildings of at least 20,000 square feet or 15 dwelling units to chart a course to carbon neutrality by 2050. EPA Announces Forthcoming Regulations to Curb Methane Emissions from Oil and Gas Sources<https://www.natlawreview.com/article/epa-announces-forthcoming-regulations-to-curb-methane-emissions-oil-and-gas-sources>, November 10, 2021, On November 2, 2021, the EPA announced a proposed rule aimed at reducing methane emissions from oil and gas sources.1 The proposed rule is part of the Biden Administration's U.S. Methane Emissions Reduction Action Plan, which was simultaneously unveiled by the EPA as President Biden and world leaders met at the 2021 United Nations Climate Change Conference, or COP26. Although the proposed rule is preliminary in nature and does not yet include the proposed regulatory text, it signals a first step in the EPA's forthcoming efforts to amend current regulations and adopt new regulations combatting methane emissions. The New Environmental Rights Amendment to the New York Constitution<https://www.natlawreview.com/article/new-environmental-rights-amendment-to-new-york-constitution>, November 8, 2021, On November 2, voters in New York approved "Proposal 2" and adopted a new section 19 to Article I of the state constitution that reads: "Each person shall have a right to clean air and water, and to a healthful environment." It will take effect in January 2022. While the new Environmental Rights Amendment is short and simple, we cannot know yet exactly what it means and what practical implications it will have for businesses and people in New York. We highlight here briefly some thoughts based in part upon the experience in Pennsylvania, which added an Environmental Rights Amendment to its constitution in 1971. Administration Proposes First Wave of Endangered Species Regulatory Revisions<https://www.natlawreview.com/article/administration-proposes-first-wave-endangered-species-regulatory-revisions>, November 5, 2021, On October 27, the Biden Administration proposed to rescind two final rules that were promulgated in December 2020 to improve and clarify the process for designating or excluding areas from critical habitat under the Endangered Species Act ("ESA"). First, the U.S. Fish and Wildlife Service ("FWS") and the National Marine Fisheries Service ("NMFS") (collectively, the "Services") are proposing to rescind the final rule that established a regulatory definition of "habitat." 86 Fed. Reg. 59,353. Second, FWS is proposing to rescind the final rule that clarified how the agency would consider and evaluate particular areas for exclusion from a critical habitat designation. 86 Fed. Reg. 59,346. In both cases, if finalized, the Services would revert back to the relevant regulations and policies in place before the two final rules were published. Comments on the proposed rules are due by November 26, 2021. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Infrastructure Package Makes New Investments in the Electric Transportation Future<https://www.jdsupra.com/legalnews/infrastructure-package-makes-new-3305091/>, November 16, 2021, The Infrastructure Investment and Jobs Act signed into law today not only makes critical investments in our core infrastructure, it creates several new programs to support the increasing electrification of the transportation sector. A Revised ASTM Phase I Environmental Site Assessment Standard is Coming<https://www.jdsupra.com/legalnews/a-revised-astm-phase-i-environmental-8435860/>, November 15, 2021, The American Society for Testing and Materials ("ASTM") is expected to release a revised international standard for Phase I Environmental Site Assessments ("ESAs") in December of 2021 that will clarify a number of key components of the standard and elevate the importance of per/poly-fluoroalkyl substances ("PFAS"). Save Recycling, Ban the Symbol? California Aims to Clear the Confusion<https://www.jdsupra.com/legalnews/save-recycling-ban-the-symbol-7048049/>, November 12, 2021, Many of us are familiar with the triangular "chasing arrows" recycling symbol that can be found on products and packaging. Consumers may believe they are doing their part for the environment when purchasing items with the recycling symbol and placing these items into their blue recycling bins, but contrary to popular belief, many items that display the recycling symbol or otherwise claim to be recyclable cannot be recycled in municipal recycling facilities and end up in landfills. If you have any questions or comments, please tell the group or contact me separately. 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