Dear Section Members, In these up and down times, there is always the news roundup. On BBKlaw<https://www.bbklaw.com/news-events/insights#sortBy=date-recent-first>: AB 819 Increases Public Access to CEQA Documents<https://www.bbklaw.com/news-events/insights/2021/legal-alerts/08/ab-819-increases-public-access-to-ceqa-documents>, August 19, 2021, Assembly Bill No. 819 (AB 819), was signed by Gov. Gavin Newsom on July 16, and will become effective Jan. 1, 2022. AB 819 changes certain notice and filing requirements under the California Environmental Quality Act (CEQA). Specifically, local and state government agencies ("lead agencies") are now required to submit specified documents assessing potential environmental impacts electronically to the Governor's Office of Planning and Research as well as post such documents on their websites or the County Clerk is required to post the notices on its website. (Revised Pub. Resources Code, §§ 21080.4(a), 21082.1(c), 21091(a), 21092(b)(3), 21092.2(d), 21092.3, 21108(d), 21152(c), (d) and 21161.) In sum, AB 819 modernizes CEQA by increasing electronic availability of CEQA documents to the public and providing electronic filing options for agencies. California Water and Wastewater Arrearage Payment Program Details: Arrearage Funding Program Survey Is Now Open<https://www.bbklaw.com/news-events/insights/2021/legal-alerts/08/california-water-and-wastewater-arrearage-payment>, August 17, 2021, The California Water and Wastewater Arrearage Payment Program (Program), passed as part of Assembly Bill 148, is being developed and implemented by the State Water Resources Control Board (State Board). This Program will provide funding for "community water systems" that have experienced revenue shortfalls and arrearages on water and wastewater bills during the COVID-19 pandemic. The Program will prioritize issuing funding to community water systems first, and will extend funding to wastewater providers if the Program still has funding available after providing relief to community water systems. On Law 360<https://www.law360.com/environmental/news?page=1>: EPA Extends Permit Reviews Amid Water Rule Revision<https://www.law360.com/environmental/articles/1414844/epa-extends-permit-reviews-amid-water-rule-revision>, August 20, 2021, The Biden administration on Friday said it will give states and tribes more time to review certain nationwide Clean Water Act permits as it pursues an overhaul of a Trump-era rule that curbed state and tribes' ability to block infrastructure projects. EPA Bans Chlorpyrifos Use On Food In Win For Green Groups<https://www.law360.com/environmental/articles/1414201/epa-bans-chlorpyrifos-use-on-food-in-win-for-green-groups>, August 18, 2021, The U.S. Environmental Protection Agency banned the use of the pesticide chlorpyrifos on all food Wednesday, 14 years after green groups petitioned the EPA to do so. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Understanding Nigeria's Petroleum Industry Act<https://www.natlawreview.com/article/understanding-nigeria-s-petroleum-industry-act>, August 23, 2021, Over two decades in the making, the Petroleum Industry Act (PIA) has become law and establishes a new reality for Nigeria's oil and gas industry. The scale of the changes implemented by the PIA is widespread and profound - it is a root and branch overhaul of the administrative, regulatory and fiscal regime, as well as the key petroleum institutions. As a result, the PIA is complex, detailed and not easily digestible - but this note summarizes the key provisions that are relevant to upstream participants grappling with the new regime. EPA Collaborates with Unilever to Advance Non-Animal Approaches for Chemical Risk Assessment<https://www.natlawreview.com/article/epa-collaborates-unilever-to-advance-non-animal-approaches-chemical-risk-assessment>, August 20, 2021, On August 19, 2021, the U.S. Environmental Protection Agency (EPA) announced a collaborative agreement with Unilever to explore better ways to assess chemical risks associated with consumer products. According to EPA, this agreement builds on prior cooperation between EPA and Unilever regarding New Approach Methods (NAM), "which are a promising alternative to conventional toxicity testing that are intended to reduce reliance on the use of animals." EPA states that the collaboration aims to establish a framework for the Next Generation of Risk Assessments based on NAMs. The collaboration will bring together more than $2 million in both monetary and in-kind contributions, including scientific expertise and equipment, to develop a comprehensive NAMs dataset for a minimum of 40 chemicals. According to EPA, the chemicals will be selected and grouped such that half will be benign and the other half will have known adverse implications for human health. These chemicals will be tested using a wide variety of NAMs, and the results will be compared between the two groups to determine how well particular NAMs can infer differences in risk. EPA states that these data will be used in case studies to evaluate the potential to use NAMs in regulatory decisions. All data generated through the collaboration will be in the public domain, allowing academic, corporate, government, and nonprofit scientists to use the project results in their own research. Practical Tips for Managing the Risks of PCBs in Building Materials<https://www.natlawreview.com/article/practical-tips-managing-risks-pcbs-building-materials>, August 17, 2021, Even though polychlorinated biphenyls (PCBs) have not been manufactured in the U.S. for over forty years, they continue to be present in building materials, including in caulk and joint materials, paint, siding, roofing, and light ballasts. PCBs are more common in structures built or renovated between 1950 and 1980. The ongoing presence of PCBs can create risks for building owners and material manufacturers. To mitigate those risks, it is important to identify, remove, and properly dispose of building materials containing PCBs. Ten Environmental Topics to Watch in the New Infrastructure Bill<https://www.natlawreview.com/article/ten-environmental-topics-to-watch-new-infrastructure-bill>, August 13, 2021, While a spending bill rather than traditional "environmental" legislation, this week's passage by the United States Senate of major infrastructure legislation has broad environmental implications. Multiple provisions are designed to incentivize progress toward achieving previously stymied goals. In addition to significant reauthorization and spending on roads, bridges, and other forms of transportation, the bill also contains a variety of provisions aimed at addressing climate change, improving the nation's water supply, encouraging electrification of the nation's transportation system, cleaning up and reusing contaminated lands, and modernizing the electric transmission system. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Biden's Infrastructure Bill and the Promise of NEPA Reform<https://www.jdsupra.com/legalnews/biden-s-infrastructure-bill-and-the-9782709/>, August 24, 2021, On August 10, 2021, the U.S. Senate passed the Infrastructure Investment and Jobs Act in a bipartisan vote after months of deliberation. The $1.2 trillion infrastructure package includes funding for roads, bridges, electric vehicles, broadband, cybersecurity, water infrastructure and grid resilience, among other priorities. EPA To Boost Air Enforcement at Scrap Metal Recycling Facilities<https://www.jdsupra.com/legalnews/epa-to-boost-air-enforcement-at-scrap-4699167/>, August 18, 2021, In late July, the U.S. Environmental Protection Agency (EPA) published an Enforcement Alert identifying emission violations at facilities that shred cars and appliances. There are more than 250 metal shredding operations across the country, and both EPA and state agencies have found emission violations at several of these facilities, many of which are located "in densely populated areas" which "can have an impact on overburdened communities." Migratory Bird Treaty Act: Strengthening Legislation Introduced<https://www.jdsupra.com/legalnews/migratory-bird-treaty-act-strengthening-5957131/>, August 17, 2021, Congressman Alan Lowenthal (CA-47) and Congressman Brian Fitzpatrick (PA-01) recently introduced the Migratory Bird Protection Act ("Proposed Act"). The two sponsors and various allied supporters state that the legislation would permanently codify and strengthen the Migratory Bird Treaty Act ("MBTA"). Pennsylvania Supreme Court Reaffirms and Extends Landmark 2017 Public Trust Decision<https://www.jdsupra.com/legalnews/pennsylvania-supreme-court-reaffirms-4722104/>, August 16, 2021, In May 1971, at the beginning of the modern environmental movement, Pennsylvania voters approved an Environmental Rights Amendment (ERA) to the state's constitution. Article I, Section 27 provides: "The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people." Please tell the group or me 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. 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.