Dear Section Members, If you will be attending the IMLA Conference in Minneapolis, please come to the Environment Section meeting on Friday, October 1, from 3:55-4:55 pm. Rebecca Andrews and I will discuss environmental justice as it relates to climate change. As you will note, environmental justice is also the topic of several articles in the news roundup. On BBKlaw<https://www.bbklaw.com/news-events/insights#sortBy=date-recent-first>: EPA Withdraws Trump-era Guidance on When Groundwater Releases Require Clean Water Act Permits<https://www.bbklaw.com/news-events/insights/2021/legal-alerts/09/epa-withdraws-trump-era-guidance-on-when-groundwat>, September 17, 2021, The U.S. Environmental Protection Agency has rescinded January 2020 guidance on how to apply the U.S. Supreme Court's April 2020 decision in County of Maui v. Hawaii Wildlife Fund. The withdrawal, which EPA announced yesterday, will likely expand the number of discharges to groundwater that EPA finds are the "functional equivalent of a direct discharge from a point source into navigable waters" and therefore require a Clean Water Act (CWA) permit. EPA, Army Corps to Apply Pre-2015 Standard for Clean Water Act Jurisdiction<https://www.bbklaw.com/news-events/insights/2021/legal-alerts/09/epa-army-corps-to-apply-pre-2015-standard-for-cwa>, September 7, 2021, The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers announced on September 3 that they have halted implementation of the Trump administration's 2020 Navigable Waters Protection Rule (NWPR) and will interpret the "waters of the United States" definition as "consistent with the pre-2015 regulatory regime until further notice." The agencies' announcement follows an August 30 decision by the U.S. District Court for the District of Arizona that vacated the NWPR. On Law 360<https://www.law360.com/environmental/news?page=1>: House Dems Target Oil Execs, Alleging Climate Disinformation<https://www.law360.com/environmental/articles/1422367/house-dems-target-oil-execs-alleging-climate-disinformation>, September 16, 2021, U.S. House Democrats on Thursday demanded congressional testimony from oil and gas executives as part of an inquiry into what they described as a decades-long, industrywide effort to downplay climate science and obscure evidence that fossil fuels contribute to global warming. In letters to top executives of Exxon Mobil Corp., BP PLC, Royal Dutch Shell, Chevron Corp., the American Petroleum Institute and the U.S. Chamber of Commerce, the House Oversight and Reform Committee accused the companies and industry groups of actively sowing doubt about the dangers of fossil fuels that have contributed to an "increasingly dire" climate emergency, while the companies raked in a collective $2 trillion in profits between 1990 and 2019. 2 Water Laws Targeting Pot Blocked For Harming Calif. Hmong<https://www.law360.com/environmental/articles/1420771/2-water-laws-targeting-pot-blocked-for-harming-calif-hmong>, September 10, 2021, A federal judge blocked two ordinances from a Northern California county that require strict permits for the transport of water, ruling that while they may have been enacted to squash illegal cannabis farms, they cause irreparable harm to a group of Hmong farmers and residents who challenged the rules. U.S. District Judge Kimberly J. Mueller granted a preliminary injunction earlier this month as to two of the three Siskiyou County ordinances challenged by the residents of a subdivision called Shasta Vista. She found that while the residents haven't yet shown they're likely to prevail on claims of discriminatory intent, they have raised "serious questions" about whether the ordinances stem from racial animus. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Mass. High Court: Three-Year Clock for Wetlands Protection Act Enforcement Actions Re-Starts With Every Sale of Property<https://www.natlawreview.com/article/mass-high-court-three-year-clock-wetlands-protection-act-enforcement-actions-re>, September 21, 2021, The Massachusetts Supreme Judicial Court (SJC) recently handed a victory to a conservation commission seeking to impose an enforcement order on a property owner who bought land containing unauthorized fill placed there by a prior owner 35 years before. The SJC ruled that the "statute of repose" in the state Wetlands Protection Act, which protects property owners from enforcement for prior violations in certain situations, does not run with the land. EPA Will Not Enforce Key PIP (3:1) Rule Compliance Deadline Until 2022<https://www.natlawreview.com/article/epa-will-not-enforce-key-pip-3-1-rule-compliance-deadline-until-2022>, September 17, 2021, EPA continues to extend a key compliance deadline for PIP (3:1). In a final rule effective September 17, 2021, EPA delayed enforcing compliance with the ban on processing and distributing PIP (3:1) in articles, and with the associated recordkeeping requirement, until March 8, 2022. 86 Fed. Reg. 51823 (Sept. 17, 2021). This extension follows EPA's March 8, 2021 decision to exercise enforcement discretion to not enforce the PIP (3:1) rule's compliance deadline, as applicable to articles, for up to 180 days. EPA claimed that the comments it received from stakeholders in response to this decision overall did not provide sufficient specificity about the limitations that the PIP (3:1) mandates posed for industry. California Legislature Sends Bill Limiting Recycling Claims to Governor's Desk<https://www.natlawreview.com/article/california-legislature-sends-bill-limiting-recycling-claims-to-governor-s-desk>, September 16, 2021, On September 9, 2021, the California legislature passed SB 343, Truth in Labeling for Recyclable Materials. The bill, if signed by Governor Newsom on or before October 10, 2021, will likely place significant restrictions on recyclability claims in the state, potentially as early as January 1, 2024. Citing "Greenwashing" Concerns, IOSCO Issues Recommendations to Securities Regulators on Sustainability-Related Practices, Policies and Disclosures<https://www.natlawreview.com/article/citing-greenwashing-concerns-iosco-issues-recommendations-to-securities-regulators>, September 8, 2021, On June 30, 2021, the International Organization of Securities Commissions (IOSCO)-which counts the SEC among its members-issued a consultation report recommending that securities regulators set regulatory and supervisory expectations for asset managers regarding sustainability-related risks and opportunities. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: With 12 Months' Notice, EPA Bringing Temporary Disinfectant Supply Chain Flexibilities to a Close<https://www.jdsupra.com/legalnews/with-12-months-notice-epa-bringing-1181428/>, September 21, 2021, EPA announced that it will retract the temporary amendments to Pesticide Registration ("PR") Notice 98-10, originally issued by EPA in March 2020. These amendments were intended to provide regulatory flexibility to relieve supply chain impediments to production of surface disinfectant products intended for use against SARS-CoV-2, as well as food contact surface sanitizer products. On and after September 15, 2022, all such disinfectant and sanitizer products must comply with the registration requirements of PR Notice 98-10 in the absence of the temporary amendments. Recent Developments in EJ Enforcement and Permitting<https://www.jdsupra.com/legalnews/recent-developments-in-ej-enforcement-1481589/>, September 20, 2021, The Biden Administration's "whole of government" approach to advancing environmental justice (EJ) continues apace, with agencies and courts pursuing focused enforcement and environmental review strategies that could affect regulated entities in a number of ways. At a high level, a novel partnership between the US Environmental Protection Agency (EPA) Region 9, the federal EJ leader, and the California EPA (CalEPA) could inform the way that the agencies investigate and enforce violations affecting communities overburdened by pollution. And other federal agencies-not previously known for their attention to EJ-are now taking steps to more thoroughly account for impacts to disadvantaged communities in their environmental reviews and permitting decisions. In light of these recent developments, companies should continue to anticipate increased enforcement of violations affecting overburdened communities and prepare for heightened scrutiny of EJ impacts in environmental permitting reviews. Illinois Enacts Wide-Ranging Energy Legislation Addressing Renewables, Decarbonization, Electric Vehicles, and More<https://www.jdsupra.com/legalnews/illinois-enacts-wide-ranging-energy-7697210/>, September 17, 2021, On September 13, 2021, the Illinois General Assembly passed CEJA -- legislation containing sweeping changes to Illinois' energy policy, funding, and regulation regarding renewables, decarbonization, electric vehicles, energy efficiency, utility rates and operations, and other subject areas. On September 15, 2021, Illinois Governor Pritzker signed CEJA, and it became law. U.S. Fish and Wildlife Service to Consider Re-Listing Gray Wolf Populations under ESA<https://www.jdsupra.com/legalnews/u-s-fish-and-wildlife-service-to-9084453/>, September 17, 2021, Today, the U.S. Fish and Wildlife Service (Service) announced its 90-day findings on petitions to list two proposed distinct population segments (DPS) of the gray wolf (Canis lupus) as threatened or endangered under the Endangered Species Act (ESA): a Northern Rocky Mountains DPS and a Western United States DPS. The Service determined that listing may be warranted, and announced its intention to initiate a status review for these populations of the species. CERCLA - EPA Sharpens CERCLA Enforcement Tools to Focus on Environmental Justice Communities.<https://www.jdsupra.com/legalnews/cercla-epa-sharpens-cercla-enforcement-5859476/>, September 15, 2021, The Comprehensive Response Compensation and Liability Act (CERCLA or "Superfund") imposes strict, joint and several liability on responsible parties for remediation of contaminated properties. As compared to other federal environmental programs, the CERCLA program was a significant point of emphasis during the Trump Administration. Notably, both Scott Pruitt and Andrew Wheeler, former Environmental Protection Agency (EPA) Administrators, held that a key task of the federal EPA is addressing hazardous waste sites and controlling hazardous substances. Both Pruitt and Wheeler, during their tenures as head of EPA, prioritized the de-listing or partial de-listing of NPL sites by seeking action through private party settlements and remediation, often concentrating on "brownfields" that were ripe for redevelopment. In addition, both oversaw the convening of experts in a Superfund Task Force, commissioned to develop improvements and streamline the CERCLA process to obtain better and faster results. Clean Water Requirements Escalate for PFAS, Nutrients and other Pollutants<https://www.jdsupra.com/legalnews/clean-water-requirements-escalate-for-4152867/>, September 13, 2021, On September 8, the Environmental Protection Agency (EPA) announced its Preliminary Effluent Guidelines Program Plan 15, which includes a suite of actions designed to address wastewater pollution under the Clean Water Act. EPA's Preliminary Plan 15 includes a number of significant actions, including initiation of the first rulemakings to address discharges of per- and polyfluoroalkyl substances (PFAS) from certain source categories, as well as nutrient loadings from the meat and poultry facilities. Please tell the group 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. 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