Dear Section Members, I hope you and yours are well. As always, here is the news roundup. On BBKlaw<https://www.bbklaw.com/news-events/insights#sortBy=date-recent-first>: Earth Day: Municipal Bond Climate Change Disclosure Update<https://www.bbklaw.com/news-events/insights/2021/authored-articles/04/earth-day-municipal-bond-climate-change-update>, April 22, 2021, In recent years, bond investors have increasingly demanded information on environmental disclosure, including climate change, social and governance (ESG) disclosure. With such increased demand by bond investors, public agencies have also increasingly disclosed climate-related change and risks. However, no consistent framework exists for such disclosure. California's state leadership set out to learn more about this ever-evolving topic and tasked the California Debt & Investment Advisory Commission to conduct a study to learn more. On Law 360<https://www.law360.com/environmental/news?page=1>: EPA Launches New 'Forever Chemicals' Council<https://www.law360.com/environmental/articles/1379155/epa-launches-new-forever-chemicals-council>, April 27, 2021, The U.S. Environmental Protection Agency on Tuesday said it's creating a new intra-agency advisory body to help mitigate the effects of and reduce pollution from so-called forever chemicals. EPA Administrator Michael Regan said in a letter to the agency's top leaders that he's convening a working group that will be led by the agency's Office of Water and the New England regional office to determine the best way to use the EPA's "authorities, expertise and partnerships" to address per- and polyfluoroalkyl substances, or PFAS, which are also known as forever chemicals because of their longevity in the human body and the environment. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Illinois Bill Proposes Statewide Standards for Solar, Wind Farm Energy Facilities<https://www.natlawreview.com/article/illinois-bill-proposes-statewide-standards-solar-wind-farm-energy-facilities>, May 3, 2021, On April 29, Illinois Governor J.B. Pritzker released proposed legislation, SB2896 and HB4074, to set statewide minimum, uniform standards for wind farms and ground-mounted solar energy systems, including setback requirements, height restrictions, and landscape buffer requirements, while maintaining local authority over permitting and final project approval. Currently, Illinois counties have the authority to set all standards and siting procedures for wind and solar energy facilities. U.S. Poised to Urge the International Maritime Organization to Dramatically Accelerate Decarbonization of Shipping<https://www.natlawreview.com/article/us-poised-to-urge-international-maritime-organization-to-dramatically-accelerate>, April 30, 2021, In recent years, many in the maritime industry have been closely watching and planning for regulatory changes being initiated by the International Maritime Organization (IMO) in connection with ship efficiency and the reduction of greenhouse gas (GHG) emissions from ships. Those efforts at the IMO have already resulted in significant regulatory developments, and planning efforts are underway in many segments of the industry to develop new technologies, alternative fuels, and long-term technical and infrastructure solutions-all to pave the way to meet IMO's carbon intensity and GHG reduction goals. In the last several years, the United States has moved somewhat cautiously at the IMO on GHG emissions reduction goals, and in several respects expressed reservations about the approach being taken by some IMO Member States. Many in the maritime industry were similarly cautious about the ambitious timeline set out by the IMO, given the lack of consensus on technical solutions and the clear need for research and development and long-term infrastructure development to achieve these goals. This is undoubtedly a complex regulatory, technical, and commercial challenge for the industry. Water, Water Everywhere: Infrastructure Push Includes Significant Investment for Water Systems<https://www.natlawreview.com/article/water-water-everywhere-infrastructure-push-includes-significant-investment-water>, April 30, 2021, The topic of infrastructure has been front and center in recent weeks, following the Biden Administration's unveiling of the American Jobs Plan, a massive investment plan to "Build Back Better" the country's infrastructure. A critical infrastructure component is water systems-drinking water, wastewater, and stormwater-many of which have deteriorated with age and lack of funding. The renewed focus on infrastructure proposes to funnel massive investment into upgrading the nation's water systems, under the American Jobs Plan and a slate of bills now before Congress. We take a look at what the new infrastructure developments could mean for water systems. Washington State Plastics Bill Imposes Minimum Content Requirements on Many Household and Food Service Products<https://www.natlawreview.com/article/washington-state-plastics-bill-imposes-minimum-content-requirements-many-household>, April 27, 2021, On April 21, 2021, the Washington State legislature passed a sweeping new minimum recycled content bill, SB5022, which creates recycled content minimums for some plastic products sold in Washington State, bans the sale and distribution of certain types of plastic, and establishes registration and reporting requirements for manufacturers of specific plastic products. The bill also bans expanded polystyrene (EPS) and limits how the food service industry can provide consumers with single-use plastic products such as eating utensils and straws. Additionally, the bill also imposes reporting and registration requirements for manufacturers of certain plastic products. Governor Jay Inslee vetoed a similar bill last year, primarily due to costs and timing at the onset of the pandemic, but some news sources indicate that Governor Inslee is likely to sign this bill. Administration Takes Step 1 For California to Blaze the Greenhouse Gas Vehicle Standard Trail<https://www.natlawreview.com/article/administration-takes-step-1-california-to-blaze-greenhouse-gas-vehicle-standard>, April 26, 2021, Last week, among many actions taken by the Biden-Harris Administration on Earth Day 2021, one may have flown under the proverbial radar, though it does have significant legal implications for greenhouse gas regulation and the whole-of-government(s) approach: the U.S. Department of Transportation's (DOT) National Highway Traffic Safety Administration (NHTSA) notice proposing to repeal the preemption portions of NHTSA's 2019 rule entitled "The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program," 84 Fed. Reg. 51,310 (Sept. 27, 2019) (SAFE I Rule). NHTSA, "Corporate Average Fuel Economy (CAFE) Preemption; Notice of Proposed Rulemaking (signed Apr. 24, 2021) (Proposed Rule). On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Senate Acts To Remove Trump-Era Methane Rule, Opening The Door To Further Regulation Of Methane From Oil And Gas Activities<https://www.jdsupra.com/legalnews/senate-acts-to-remove-trump-era-methane-7276076/>, May 3, 2021, On April 29, 2021, the Senate passed a resolution (the "Resolution") to disapprove a rule adopted by the Trump administration which lifted certain requirements that had been put in place by an Obama-era methane rule, also known as "Quad Oa." If passed by both chambers of Congress and signed by the president, as expected, the Resolution would undo the Trump administration's 2020 rollback of the Obama-era methane rule, which is described in greater detail in this previous post. In the absence of this Trump-era roll-back, the Obama-era Quad Oa regulations will go into effect unless halted by the courts. Critical Habitat Designation Reduced for Northern Mexican Gartersnake<https://www.jdsupra.com/legalnews/critical-habitat-designation-reduced-9685839/>, May 3, 2021, This week, the United States Fish and Wildlife Service ("Service") published a final rule designating critical habitat for the northern Mexican gartersnake (Thamnophis eques megalops) under the Endangered Species Act ("ESA"). The final critical habitat designation includes a total of approximately 20,326 acres of land located in Arizona and New Mexico. Groundbreaking Releases of Genetically Engineered Mosquitoes Hold Enormous Promise for Public Health Worldwide<https://www.jdsupra.com/legalnews/groundbreaking-releases-of-genetically-2456204/>, April 28, 2021, Dengue Fever, Chikungunya, Zika, Yellow Fever - what do all these diseases have in common? They are caused by viruses that enter human bloodstreams via mosquito bites. The culprit that transmits these viruses is the Aedes aegypti mosquito. On April 26, Wiley client Oxitec, Ltd. began experimental releases of genetically engineered Aedes aegypti in the Florida Keys that hold the promise of significantly reducing populations of this disease-causing scourge. Oxitec's mosquito is named OX5034. It uses simple, but elegant, genetic technology that causes all female mosquito offspring to die prior to maturation (unless they are grown in the presence of a chemical that suppresses the lethality trait). Oxitec has deployed similar genetically engineered mosquitoes safely and successfully in Central and South America, and the Florida Keys trial releases are the first step in bringing this life-saving technology to the United States. New Bill Would Require National PFAS Standards Within Two Years<https://www.jdsupra.com/legalnews/new-bill-would-require-national-pfas-3500000/>, April 26, 2021, On April 13, House lawmakers on Capitol Hill introduced the PFAS Action Act of 2021, a bill that would require the EPA to institute a federal drinking water standard for two specific PFAS compounds. PFAS, an acronym for per-and poly-fluoroalkyl substances, is the catchall name for a family of chemical compounds used extensively in numerous industries since the 1940s. PFAS comprises thousands of individual chemical compounds that have been used in cookware and other nonstick products, stain repellents, fire suppressant foam, food packaging, and various other products. Because of its decades of use and widespread applications, and because the chemical family is highly persistent in the environment and in the human body, PFAS chemicals are frequently referred to generically as "forever chemicals." While the health effects of PFAS are still being studied, there is widespread concern over their prevalence in drinking water in the U.S. Please feel free to provide 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> Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be physically closed. Because all staff are working remotely, all documents (including correspondence, pleadings, and discovery) will be served via e-mail until further notice. 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