Dear Section Members, Thank you for your responses regarding topics for the section meeting at the IMLA Fall Conference. I believe Rebecca Andrews and I will discuss the lead and copper rule, climate change, environmental justice, and possibly another topic or two. As always, here is the news roundup: On BBKlaw<https://www.bbklaw.com/news-events/insights#sortBy=date-recent-first>: EPA and Army Corps to Propose Repealing and Replacing the Navigable Waters Protection Rule<https://www.bbklaw.com/news-events/insights/2021/legal-alerts/06/epa-and-army-corps-to-propose-repealing-and-replac>, June 10, 2021, The U.S. Environmental Protection Agency and Army Corps of Engineers announced their intent to revise the reach of the federal Clean Water Act by changing the definition of "waters of the United States." This move, announced yesterday, would reverse the Navigable Waters Protection Rule adopted during the Trump administration, which itself replaced a 2015 revision by the Obama administration. On Law 360<https://www.law360.com/environmental/news?page=1>: Green Groups Split Over EPA's Request To Review Glyphosate<https://www.law360.com/environmental/articles/1392753/green-groups-split-over-epa-s-request-to-review-glyphosate>, June 10, 2021, The Biden administration is reversing course on portions of a Trump-era rule criticized for hobbling the authority of states and tribes to block projects like pipelines and dams over Clean Water Act concerns, the U.S. Environmental Protection Agency announced Thursday. The agency announced its intent to revise the 2020 Clean Water Act Section 401 Certification Rule after determining during its sweeping review of Trump administration policies that it erodes the authority of states and tribal authorities to block those water-based projects and act as active collaborative partners in water pollution regulation. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: The Great Lakes Have Two Ordinary High Water Marks, an Important Legal Distinction for Those Who Own Property on the Great Lakes<https://www.natlawreview.com/article/great-lakes-have-two-ordinary-high-water-marks-important-legal-distinction-those-who>, June 15, 2021, Virginia has enacted a ban on polystyrene food service containers, which will be implemented in two phases, and has committed to discontinuing most single-use plastics by state agencies, colleges, and universities. The proposal to eliminate expanded polystyrene food service containers was first put forth in 2020 and passed the Virginia General Assembly. However, a senate provision required that it be passed again 2021 for the law to take effect. HB 1902 was successfully passed in January 2021. The bill continued to face opposition, though, by senators who questioned whether this could serve as another blow to restaurants already struggling on account of the pandemic. Negotiations involving a separate bill dealing with chemical recycling led to what was termed, by Sen. Chap Petersen, the great Polystyrene Compromise of 2021, and the polystyrene ban was signed into law by Virginia Governor Ralph Northam on March 23. Shipping Emissions Remain a Focus of Reintroduced House Bill<https://www.natlawreview.com/article/shipping-emissions-remain-focus-reintroduced-house-bill>, June 14, 2021, In honor of World Oceans Day, House Natural Resources Committee Chair Raúl Grijalva (D-AZ) reintroduced legislation aimed at addressing the ocean impacts of climate change and reforming federal ocean management to better account for climate mitigation. The Ocean-Based Climate Solutions Act (OBCSA) is an updated release of Grijalva's bill from last Congress, which was amended further to address the concerns of the approximately 1,600 public comments received since the introduction of the previous bill. As we reported last October, the bill proposed several consequential reforms affecting the shipping industry. Among its many goals, the OBCSA seeks to reduce greenhouse gas emissions, increase carbon storage in blue carbon ecosystems, promote coastal resiliency and adaptation, support climate-ready fisheries, and restore U.S. leadership in international ocean governance. Washington State Imposes Minimum Recycled Content Requirements, Will Prohibit Expanded Polystyrene Food Service Ware<https://www.natlawreview.com/article/washington-state-imposes-minimum-recycled-content-requirements-will-prohibit>, June 10, 2021, Washington State has enacted a law that establishes minimum recycled content requirements for certain plastic products and prohibits the sale and distribution of certain expanded polystyrene products. The law will also limit the distribution of single-use plastic products by food service establishments. In addition, the law, which becomes effective on July 17, 2021, establishes registration and reporting requirements for manufacturers of certain plastic products. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: EPA to Revisit Clean Water Act WOTUS Rule<https://www.jdsupra.com/legalnews/epa-to-revisit-clean-water-act-wotus-4303621/>, June 15, 2021, On June 9, 2021, in a move that came as a surprise only for its delay in being announced and not at all in the substance of the announcement itself, the EPA and US Army Corps of Engineers (Corps) announced their intent to revise the definition of "waters of the United States" (WOTUS). More particularly, EPA and the Corps moved to remand the Navigable Waters Protection Rule: Definition of "Waters of the United States," 85 Fed. Reg. 22,250 (Apr. 21, 2020) (NWPR) via a motion to remand the rule filed by the US Department of Justice in a matter pending in the United States District Court for the District of Massachusetts. Conservation Law Foundation v. EPA, Case No. 20-cv-10820-DPW. Federal Court of Australia Rules That the Government Owes Duty of Care to Australian Youth on Climate Change<https://www.jdsupra.com/legalnews/federal-court-of-australia-rules-that-2669750/>, June 14, 2021, In a landmark judgment, on 27 May 2021, the Federal Court of Australia ruled in Sharma v Minister for the Environment [2021] FCA 560 (Sharma) that, when deciding whether or not to grant approval to a coal mine development, the Federal Minister for the Environment owed a duty of care to all children under the age of 18 who ordinarily reside in Australia to avoid causing them personal injury as a consequence of increased carbon dioxide emissions. What Is the Smart Renewables and Electrification Pathways Program?<https://www.jdsupra.com/legalnews/what-is-the-smart-renewables-and-3099452/>, June 14, 2021, On June 2, 2021, Natural Resources Canada (NRCan) announced its Smart Renewables and Electrification Pathways Program (SREPs) in support of Canada's ongoing effort to reach net-zero emissions by 2050. The $964-million commitment will reduce greenhouse gas emissions over four years by encouraging the replacement of fossil-fuel generated electricity with cleaner energy technologies, such as wind and hydro. To facilitate this transformation to Canada's electric grid, SREPs offers financial assistance to eligible projects during the construction phase. This investment in smart renewable energy and grid modernization projects will make clean, affordable electricity more accessible in communities across the country and improve the connectivity and efficiency of Canada's existing electrical infrastructure. Will Chemical Damage Kill the Texas Wine Industry?<https://www.jdsupra.com/legalnews/will-chemical-damage-kill-the-texas-4979597/>, June 10, 2021, On June 4, 2021, 57 Texas High Plains wine grape growers filed suit in Jefferson County District Court seeking hundreds of millions of dollars in damages from Bayer-Monsanto and BASF. The suit alleges that the chemical giants sold a defective genetically modified cotton seed system to Texas farmers, featuring a highly volatile weedkiller that moved miles off-target and crippled scores of vineyards across the state. Please tell us if you have any questions or comments. 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