Dear Section Members, I hope to see some of you at the IMLA meeting this week. We have a section lunch on Thursday at 12:15, and a presentation on Friday at 8:30 am. Until then, here is the news roundup: On Law 360<https://www.law360.com/environmental/news?page=1>: Food Safety Orgs Sue EPA Over Pesticide Regulations<https://www.law360.com/environmental/articles/1539321/food-safety-orgs-sue-epa-over-pesticide-regulations>, October 13, 2022, Four food and pesticide safety groups hit the U.S. Environmental Protection Agency with a suit in California federal court seeking to challenge its pesticide registration regulations, warning that the EPA may knowingly be allowing pesticide use in ways that have "unreasonable adverse effects on the environment," in violation of federal law. In a complaint filed Wednesday, the groups, which include the Center for Food Safety and Californians for Pesticide Reform, claimed the EPA has failed to answer a 2017 petition pushing the agency to alter its pesticide registration regulations and assess inactive ingredients, in addition to active ones, during its pesticide registration process, in violation of the Federal Insecticide, Fungicide and Rodenticide Act. EPA Proposes Strengthening 'Fugitive Emissions' Regulations<https://www.law360.com/environmental/articles/1539657/epa-proposes-strengthening-fugitive-emissions-regulations>, October 13, 2022, The EPA on Thursday proposed eliminating a regulatory loophole that allows some industrial facilities to avoid having to report pollution emissions that don't come from traditional exhaust methods such as smokestacks. Under the proposed rule, the EPA would repeal regulations promulgated in 2008 that required only some industrial sources to include "fugitive emissions" when determining whether a change was a "major modification" that would require a Clean Air Act permit. If fugitive emissions aren't reported, that could reduce the total estimated emissions and influence whether a source is required to get a permit. In Reversal, EPA Looks To Ban Chemical In Flea Collars<https://www.law360.com/environmental/articles/1539385/in-reversal-epa-looks-to-ban-chemical-in-flea-collars>, October 12, 2022, The U.S. Environmental Protection Agency on Tuesday said it's planning to prohibit the use of a dangerous pesticide in pet collars, changing its mind about a green group's petition saying the chemical poses unacceptable health risks, but reserved the right to change its mind if it gets new information. The agency granted the Natural Resources Defense Council's petition to ban the use of tetrachlorvinphos in pet collars. TCVP is a type of organophosphate pesticide, developed from World War II-era nerve agents, that Hartz Mountain Corp. uses in pet collars to prevent fleas and ticks. The agency had denied the petition in 2020, but in April the Ninth Circuit ordered it to review the petition again, finding that it failed to provide a "reasoned explanation" for its denial of the group's petition and made several "arbitrary calculations." EPA Steps Closer Toward Aviation Lead Emissions Regs<https://www.law360.com/environmental/articles/1538200/epa-steps-closer-toward-aviation-lead-emissions-regs>, October 7, 2022, The U.S. Environmental Protection Agency on Friday took the first step toward regulating lead emissions from airplanes by proposing a finding that the exhaust endangers public health. The majority of aircraft that operate on leaded aviation gasoline are piston-engine aircraft, and green groups and local governments petitioned the agency to act on the issue. The Clean Air Act endangerment finding proposed Friday would establish that lead emissions from aircraft cause or contribute to air pollution that "may reasonably be anticipated to endanger public health or welfare." The Biden administration said earlier this year it was working toward the finding. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Petition Seeks Revocation of Approximately 600 PFAS LVEs and LoREXs<https://www.natlawreview.com/article/petition-seeks-revocation-approximately-600-pfas-lves-and-lorexs>, October 18, 2022, On October 13, 2022, Earthjustice, on behalf of a coalition of environmental organizations and community advocates, petitioned the U.S. Environmental Protection Agency (EPA) to revoke the approval of approximately 600 per- and polyfluoroalkyl substances (PFAS) that were granted through low volume exemptions (LVE) or low release and low exposure exemptions (LoREX) to the premanufacture notice (PMN) requirements of the Toxic Substances Control Act (TSCA). In its October 13, 2022, press release, Earthjustice states that these exemptions "allow EPA to approve chemicals through lax safety reviews only if it 'will not present an unreasonable risk' to humans or the environment." According to Earthjustice, PFAS do not meet that standard, and EPA must revoke previously granted LVEs and LoREXs for PFAS. The petition follows an April 27, 2021, petition filed by Earthjustice on behalf of many of the same petitioners, and it incorporates the 2021 petition by reference. New York Extends Limitations Period for Emerging Contaminant Claims by Water Suppliers<https://www.natlawreview.com/article/new-york-extends-limitations-period-emerging-contaminant-claims-water-suppliers>, October 12, 2022, On October 5, 2022, New York Governor Kathy Hochul signed a bill allowing public water suppliers to prosecute previously time-barred claims relating to emerging contaminants in their water supply wells. N.Y. CPLR 214-h (amended by S.8763/A.9824A). The bill amends Section 214-h of the New York Civil Practice Law & Rules (CPLR), enacted in 2019, which allows a water supplier three years to file suit from the date it last detects a contaminant in a given supply well. According to the sponsor memo supporting the bill, the intent of the new amendment is to clarify that Section 214-h has a retroactive effect and to revive certain actions involving emerging contaminants that previously would have been time-barred. California Restricts PFAS in Clothing and Cosmetics; Governor Vetoes PFAS Reporting Bill<https://www.natlawreview.com/article/california-restricts-pfas-clothing-and-cosmetics-governor-vetoes-pfas-reporting-bill>, October 10, 2022, On September 29, 2022, California Governor Newsom signed California AB 1817, which bans the manufacture and sale of clothing and textile items containing PFAS, and AB 2771, which restricts PFAS in cosmetics. Both prohibitions are implemented beginning January 1, 2025. On the same day, Governor Newsom vetoed AB 2247, which would have required product manufacturers to report to the state by July 1, 2026 if their products contained intentionally added PFAS. Any products sold in California that were intended for personal, residential, commercial, or industrial use, or for use in making other products, would have been in scope. USFWS Tries Again to Make Eagle Take Permitting Process Work for Stakeholders and Wildlife<https://www.natlawreview.com/article/usfws-tries-again-to-make-eagle-take-permitting-process-work-stakeholders-and>, October 7, 2022, On September 30, the US Fish and Wildlife Service (USFWS or Service) published proposed rule that would revise the regulations governing the issuance of eagle take permits (ETPs) under the Bald and Golden Eagle Protection Act. 87 Fed. Reg. 59,598 (September 30, 2022). In the preamble to the proposed rule, the Service acknowledges that its current ETP regulatory process, first established in 2009 and revised in 2016, is not working as intended. In particular, the Service notes that "[w]hile there are more than 1,000 wind-energy projects on the landscape, the Service has received fewer than 100 applications from those projects and has currently issued only 26 permits since the promulgation of the 2016 Eagle Rule." 87 Fed. Reg. at 59,602. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: U.S. Fish and Wildlife Service Proposes Listing Two Snakes and Designating Critical Habitat<https://www.jdsupra.com/legalnews/u-s-fish-and-wildlife-service-proposes-5572258/>, October 17, 2022, Last week, the U.S. Fish and Wildlife Service (Service) proposed to list two snake species, the Key ring-necked snake (Diadophis punctatus acricus) and the rim rock crowned snake (Tantilla oolitica), as endangered under the Endangered Species Act (ESA). The Service also proposed to designate critical habitat for these nonvenomous snakes, including approximately 2,604 acres in Monroe County and approximately 5,972 acres in Miami-Dade County and Monroe County, Florida for the Key ring-necked snake and rim rock crowned snake, respectively. The proposal comes as a result of a petition and lawsuit filed by the Center for Biological Diversity earlier in 2022. White House Releases National Strategy for the Arctic Region<https://www.jdsupra.com/legalnews/white-house-releases-national-strategy-2440636/>, October 14, 2022, On October 7, 2022, the White House released its National Strategy for the Arctic Region, further developing the federal government's approach to the northernmost region, which is under intergovernmental purview. The document is an update to a policy released in 2013, and is intended to express the federal government's "affirmative U.S. agenda over the next ten years, from 2022 to 2032, to realize" an "Arctic region that is peaceful, stable, prosperous, and cooperative." EPA Finalizes its Environmental Justice Action Plan<https://www.jdsupra.com/legalnews/epa-finalizes-its-environmental-justice-1854144/>, October 11, 2022, On Sept. 30, 2022, the Environmental Protection Agency (EPA) Office of Land and Emergency Management (OLEM) finalized its Environmental Justice (EJ) Action Plan (EJAP). The EJAP directs federal agencies to promote and work towards achieving environmental justice in communities that are historically underserved and adversely affected by persistent poverty and inequality. While the EJAP provides opportunities for development grants in EJ communities, it also creates additional requirements in several existing regulatory schemes. California Passes Two New Laws to Overhaul State's Battery Extended Producer Responsibility Program and Broadly Expand State's E-Waste Program<https://www.jdsupra.com/legalnews/california-passes-two-new-laws-to-7361255/>, October 10, 2022, On September 16, 2022, Governor Newsom signed AB 2440 and SB 1215, overhauling California's existing battery extended producer responsibility (EPR) schemes and expanding the state's e-waste program. AB 2440, the Responsible Battery Act of 2022, sunsets the existing Cell Phone Recycling Act of 2004 and the Rechargeable Battery Act of 2006, creating a singular EPR program for batteries within the state. SB 1215 expands the Electronic Waste Recycling Act of 2003 (EWRA) to include battery-embedded products and broadens the EWRA's definition of manufacturers. California Bans PFAS in Textiles, Cosmetics but Governor Vetoes Reporting Requirement<https://www.jdsupra.com/legalnews/california-bans-pfas-in-textiles-5224842/>, October 6, 2022, California Governor Gavin Newsom signed into law two bills banning per- and polyfluoroalkyl substances (PFAS) in textiles and cosmetics on September 29, 2022, while simultaneously vetoing a bill that would have required manufacturers and certain other businesses to submit annual reports concerning the usage of PFAS in products sold or imported into the state. These new consumer regulations will have far-reaching implications for companies up and down the supply chain doing business in one of the world's largest economies. 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] [http://clients.bbklaw.net/images/logos/instagram.jpg] <https://www.instagram.com/bbklawfirm/> 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.