Dear Section Members, I hope all is well. As always, here is your news roundup: On BBKlaw<https://www.bbklaw.com/news-events/insights?p=0&c=f27c8ea4-b509-44ad-8922-2a28e7115aef>: Governor Vetoes SB 222, Water Rate Assistance Program Legislation<https://www.bbklaw.com/news-events/insights/2022/legal-alerts/09/governor-vetoes-sb-222-water-rate-assistance>, September 30, 2022, SB 222, authored by Sen. Bill Dodd, was vetoed by California's governor on Sept. 28. The bill would have established a statewide Water Rate Assistance Program to provide water affordability assistance to eligible residential water customers. The bill would have required the State Water Resources Control Board to create program guidelines and administer the program. Further, subject to funding by the Legislature, the bill would have required local water and wastewater systems to provide rate assistance to eligible residential water customers. On Law 360<https://www.law360.com/environmental/news?page=1>: NY Follows Calif. With Regs To End Gas Car Sales By 2035<https://www.law360.com/environmental/articles/1535393/ny-follows-calif-with-regs-to-end-gas-car-sales-by-2035>, September 29, 2022, New York will require all vehicles sold in the state to produce zero emissions starting in 2035, Gov. Kathy Hochul announced Thursday, following the lead of California, which finalized a similar plan earlier this year. Hochul directed the State Department of Environmental Conservation to draft up the regulations, noting that the Clean Air Act requires that Golden State act first when enacting stricter environmental regulations before other states can follow. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: USFWS Proposes General Permits for Wind and Powerline Projects That May Disturb Bald Eagles<https://www.natlawreview.com/article/usfws-proposes-general-permits-wind-and-powerline-projects-may-disturb-bald-eagles>, September 30, 2022, In today's Federal Register, the U.S. Fish and Wildlife Service (USFWS or Service) proposed the creation of general permits for bald and golden eagle incidental takes that would be available to qualifying wind energy generation projects and powerline infrastructure projects. No Love for the Dirty Water: EPA Proposing Expanded Stormwater Permitting in Boston<https://www.natlawreview.com/article/no-love-dirty-water-epa-proposing-expanded-stormwater-permitting-boston>, September 29, 2022, The Standells may "love that dirty water" according to their 1966 hit song, but the Environmental Protection Agency's (EPA) New England region is hoping to reduce stormwater pollution running off industrial, commercial and institutional properties "down by the banks of the river Charles" and throughout three Boston area watersheds. After prodding from the Conservation Law Foundation, EPA Region 1 is taking steps to expand the agency's stormwater permitting program to apply to operators of those designated parcels in the Charles River, Neponset River, and Mystic River watersheds if they have one acre or more of impervious surfaces preventing water from infiltrating into the ground. These surfaces can include not only buildings and pavement, but also compacted gravel and artificial turf. EPA Launches New National Office Dedicated to Advancing Environmental Justice and Civil Rights<https://www.natlawreview.com/article/epa-launches-new-national-office-dedicated-to-advancing-environmental-justice-and>, September 24, 2022, Today, EPA announced that it is establishing a new national office charged with advancing environmental justice and civil rights. The creation of the new Office of Environmental Justice and External Civil Rights delivers on President Biden's commitment to elevate these critical issues to the highest levels of the government and solidifies the agency's commitment to delivering justice and equity for all. U.S. Fish and Wildlife Service Proposes Listing Tricolored Bat as Endangered Under Endangered Species Act<https://www.natlawreview.com/article/us-fish-and-wildlife-service-proposes-listing-tricolored-bat-endangered-under>, September 22, 2022, The U.S. Fish and Wildlife Service (the "Service") published a proposed rule listing the tricolored bat as an endangered species under the Endangered Species Act ("ESA"). The tricolored bat occurs in portions of 39 states, including Texas, Iowa, and Oklahoma, which contain a significant concentration of utility-scale wind projects. In combination with the Service's proposed "endangered" designation for the northern long-eared bat, the new proposed rule could complicate wind energy project permitting across the country. The tricolored bat is among the smallest bats in eastern North America and is distinguished by its tricolored fur. According to the species status assessment ("SSA") prepared by the Service for the tricolored bat, the primary factor influencing the species' viability is white-nosed syndrome. This disease is caused by a fungal pathogen and causes physiological and behavioral processes often leading to mortality. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Biden Plan Calls for Carbon Neutral Jet Fuel by 2050 With Eye Towards Biofuels<https://www.jdsupra.com/legalnews/biden-plan-calls-for-carbon-neutral-jet-6816313/>, October 4, 2022, A recently-issued multi-agency report highlights a path for the U.S. government to replace fossil fuel-based jet fuel with renewable sources to address climate change and encourage infrastructure development. The U.S. Department of Energy, Department of Transportation, and Department of Agriculture, with input from the U.S. Environmental Protection Agency, unveiled their Sustainable Aviation Fuel (SAF) Grand Challenge Roadmap on September 23, 2022. Illinois Drafts Plan to Expand Renewable Energy Development<https://www.jdsupra.com/legalnews/illinois-drafts-plan-to-expand-9949671/>, September 30, 2022, It's been one year since Illinois passed a sweeping energy bill - the Energy Transition Act, PA 102-0662 - commonly referred to as the Climate and Equitable Jobs Act (CEJA). The law targets 50% renewable electricity procurement by 2040 and 100% carbon-free electricity by 2050. To help achieve these goals, CEJA requires the Illinois Commerce Commission to draft a Renewable Energy Access Plan, which will identify and promote development in "Renewable Energy Zones" across the state. EPA Asks the Ninth Circuit for Permission to Reconsider Its Human Health and Ecological Determinations on the Common Herbicide, Paraquat<https://www.jdsupra.com/legalnews/epa-asks-the-ninth-circuit-for-3857483/>, September 29, 2022, Paraquat dichloride is a synthetic chemical compound that has been used as an active ingredient in herbicide products sold in the United States since the mid-1960s. One of the most commonly used herbicides in the U.S., it has been described as "a fast-acting, non-selective herbicide used in an array of agricultural and other settings" ... "typically applied via knapsack sprayers, hand-held sprayers, crop dusters, trucks with pressurized tanks, and tractor-drawn pressurized tanks." The EPA has designated paraquat as a "Restricted Use" product (RUP), which means that it is not available for purchase by the public or for residential use, and may only be applied by certified applicators. Court Rejects EPA's Narrow Interpretation of a Key RCRA Exemption, Undercutting a National Enforcement Initiative<https://www.jdsupra.com/legalnews/court-rejects-epa-s-narrow-1063896/>, September 29, 2022, On September 22, 2022, the Environmental Appeals Board (EAB) of the U.S. Environmental Protection Agency (EPA or the Agency) issued an Order finalizing a recent decision of an EPA Administrative Law Judge (ALJ) that rejected the Agency's interpretation of the Manufacturing Process Unit (MPU) exemption under the Resource Conservation and Recovery Act (RCRA) regulations, which establishes the boundary where manufacturing ends and waste management - and thus EPA's authority under RCRA - begins. EPA brought the case as part of its ongoing National Compliance Initiative on reducing air emissions from hazardous waste facilities under the RCRA "Subpart AA/BB/CC" rules. The ALJ's decision could have major implications for other cases brought by the Agency under that Initiative. European Parliament Adopts Position on Deforestation Regulation<https://www.jdsupra.com/legalnews/european-parliament-adopts-position-on-4473328/>, September 28, 2022, On 13 September 2022, the European Parliament voted to adopt its position in relation to the European Commission's proposed regulation on deforestation-free products. The European Parliament's position would widen the scope of commodities and products covered by the regulation, and subject financial institutions to additional due diligence requirements to ensure that their activities do not contribute to deforestation. .Please tell me if you have any questions or comments. 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