Dear Section Members, I hope everyone is doing well. Here is the bi-weekly news roundup. On Law 360<https://www.law360.com/environmental/news?page=1>: EPA Unveils Plan To Address Native Water Challenges<https://www.law360.com/environmental/articles/1431154/epa-unveils-plan-to-address-native-water-challenges>, October 14, 2021, The U.S. Environmental Protection Agency unveiled an action plan Thursday aimed at bolstering its partnerships with tribes to tackle critical water issues and provide vital water protections on native lands. The action plan, called "Strengthening The Nation-To-Nation Relationship With Tribes To Secure A Sustainable Water Future," aims to promote coordination and consultation with tribal nations, expand water governance on tribal lands and increase infrastructure funding, the EPA said in a release. Biden Admin. Plans 'Ambitious' Wind Farms On US Coastline<https://www.law360.com/environmental/articles/1430885/biden-admin-plans-ambitious-wind-farms-on-us-coastline>, October 13, 2021, U.S. Department of the Interior Secretary Deb Haaland on Wednesday said her agency is working on an "ambitious roadmap" to develop wind farms along almost the entire U.S. coastline, as part of the Biden administration's goal to increase renewable energy production. During a speech at a wind power industry conference in Boston, Haaland announced plans for the Bureau of Ocean Energy Management to potentially lease federal waters in the Gulf of Maine, the Gulf of Mexico, and off the coast of the mid-Atlantic states as well as North and South Carolina, California and Oregon. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: EPA Places Environmental Justice Front and Center<https://www.natlawreview.com/article/epa-places-environmental-justice-front-and-center>, October 18, 2021, Environmental justice remains a top concern for the Biden Administration. The United States Environmental Protection Agency (U.S. EPA) recently highlighted in its 2022-2026 Strategic Plan (Strategic Plan) that it intends to enhance use of the Civil Rights Act of 1964 to "embed environmental justice and civil rights in the Agency's core work" and to "strengthen civil rights enforcement in communities overburdened by pollution." Amendments to the Act on Packaging and Packaging Waste Management<https://www.natlawreview.com/article/amendments-to-act-packaging-and-packaging-waste-management>, October 13, 2021, The European Green Deal is one of the key items of European Union's policy. Policies aimed at the reduction of the volume of waste, increase in sustainability and drive towards greater circularity are important components of the European Green Deal. An important aspect of it is dealing with the volume of packaging waste as well as other types of waste. Our civilization produces more and more waste originating from packaging of products; such packaging is usually dumped after purchase, contributing greatly to the production of huge amount of waste that require treatment. Lawmakers Propose New Import Ban Targeting Commodities Produced on Illegally Deforested Land<https://www.natlawreview.com/article/lawmakers-propose-new-import-ban-targeting-commodities-produced-illegally-deforested>, October 7, 2021, On Wednesday, October 6, Sen. Brian Schatz (D-HI) and Reps. Earl Blumenauer (D-OR) and Brian Fitzpatrick (R-PA) released the Fostering Overseas Rule of Law and Environmentally Sound Trade (FOREST) Act, which seeks to reduce commodity-driven illegal deforestation around the world. The legislation creates a risk-based framework for improving transparency in companies' global supply chains; provides financial and assistance-based incentives to reduce illegal deforestation; adds deforestation to financial criminal statutes; and establishes a purchasing preference for deforestation-free products in the federal procurement process. The bill also establishes an advisory committee, made up of companies and civil society groups, to inform its implementation. California PFAS Actions Will Lead To Millions In Business Costs<https://www.natlawreview.com/article/california-pfas-actions-will-lead-to-millions-business-costs>, October 5, 2021, Last week, California's Office of Environmental Health Hazard Assessment (OEHHA) announced that it will hold its annual meeting of the Developmental and Reproductive Toxicant Identification Committee (DARTIC), which will be held virtually on December 14, 2021. The meeting will be significant, as OEHHA plans to discuss whether two additional types of PFAS - PFNA and PFDA - should be added to the Proposition 65 list of regulated chemicals. We previously reported on several California PFAS actions with respect to other types of PFAS. OEHHA's proposals thus far in 2021, once finalized, will add significant regulatory, compliance and litigation burdens on a wide array of business types. Given how prevalent PFAS are in thousands of products, if the actions proposed in the three notices take effect, the result may be a deluge of compliance and enforcement actions that could cost some companies hundreds of thousands or millions of dollars. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Pritzker Signs Climate and Equitable Jobs Act Launching Illinois into a Renewable Energy Future<https://www.jdsupra.com/legalnews/pritzker-signs-climate-and-equitable-8137017/>, October 15, 2021, "Decarbonization" and "Electrification" are the buzzwords floating around Illinois following Governor Pritzker's signing of the Climate and Equitable Jobs Act (the "Act") on September 15, 2021. As the largest and most ambitious energy legislation in Illinois history, the Act will have a widespread impact on individuals and businesses throughout the state. The Act ushers Illinois into the carbon-free power sector club, which comprises California, Hawaii, New Mexico, New York, Virginia, and Washington. This Alert gives a high-level overview of some of the changes coming to the state over the coming years as aspects of the new law take effect. Penalizing Unavoidable Air Emissions: The Fight Over SSM Continues<https://www.jdsupra.com/legalnews/penalizing-unavoidable-air-emissions-3651978/>, October 15, 2021, At the end of September, the Environmental Protection Agency (EPA) issued yet another memorandum regarding emissions resulting from startup, shutdown, and malfunctions (SSM) at stationary sources of air pollutants, such as refineries, manufacturing facilities, and power plants. This newest memo announces a return to the policy EPA announced in 2015, when it asked 45 states and local jurisdictions to change their locally written and previously EPA-approved rules. EPA's goal in 2015 was to eliminate state rules that allow relief from penalties for "SSM" emissions. In 2020, the Trump EPA issued a memo allowing such rules under certain circumstances, but the newest EPA memo puts those rules back on the chopping block. This post provides a brief recap of the long-running debate over SSM emissions and a look forward into what is to come under EPA's latest policy shift. Pressure Builds for Canadian Companies to Lower Carbon Emissions<https://www.jdsupra.com/legalnews/pressure-builds-for-canadian-companies-1708837/>, October 8, 2021, As the spotlight on climate change intensifies, Canadian companies are facing additional scrutiny from regulators, investors and other stakeholders to meet environmental, social and governance (ESG) criteria. Some companies are taking a leading role in lowering carbon emissions and are at the forefront of the energy transition. Others are responding to incentives and pressure from government and stakeholders to reduce emissions. Despite how companies end up on the greener path, ESG demands are of increasing importance. Boston Passes Ambitious Ordinance Targeting Zero Emissions for Large Buildings by 2050<https://www.jdsupra.com/legalnews/boston-passes-ambitious-ordinance-5550348/>, October 7, 2021, Boston Acting Mayor Kim Janey signed an Ordinance Amending City of Boston Code, Ordinances, Chapter VII, Sections 7-2.1 and 7-2.2, Building Energy Reporting and Disclosure (BERDO 2.0) into law on Oct. 5, 2021. The amended ordinance, which was unanimously passed by the Boston City Council on Sept. 22, 2021, makes Boston one of the first cities in the nation, alongside New York and Washington, D.C., to impose emissions performance standards on existing buildings, with the ambitious goal of decarbonizing the city's large building stock by 2050. In addition, Environmental Justice concerns and the development of local renewable energy projects are emphasized throughout BERDO 2.0. Service Proposes Delisting 23 Species Due to Extinction and 1 Spider Due to Taxonomic Revision<https://www.jdsupra.com/legalnews/service-proposes-delisting-23-species-5925597/>, October 5, 2021, Last week, the U.S. Fish and Wildlife Service (Service) published two proposed rules to delist a total of 24 species under the Endangered Species Act (ESA). First, the Service published a proposed rule delist 23 species as a result of the species' extinction. The 23 now-extinct species include thirteen species of birds, eight freshwater mussels, one Texas fish, and one Hawaiian plant. The Federal Register notice indicates that, based on the best available scientific and commercial data, these species are no longer extant, and therefore no longer meet the definitions of endangered or threatened species under the ESA. 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