Dear Section Members, I hope everyone is doing well. As always, here is the news roundup. On Law 360<https://www.law360.com/environmental/news?page=1>: Calif. Legislature Approves Controlled Burn Bill<https://www.law360.com/environmental/articles/1418956/calif-legislature-approves-controlled-burn-bill>, September 3, 2021, With heat, wind and drought fueling major fires burning across the state, California legislators have approved a law aimed at taming the perennial blazes through expanded use of prescribed burning. Biden Reverses Pause On New Oil And Gas Lease Sales<https://www.law360.com/environmental/articles/1417564/biden-reverses-pause-on-new-oil-and-gas-lease-sales>, August 31, 2021, The Biden administration took steps Tuesday to open up new oil and gas lease sales on public land, ending an earlier effort to put those sales on ice that drew harsh criticism from industry and Republican-led states. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Much Anticipated Australian Offshore Electricity Infrastructure Bill Introduced to Parliament<https://www.natlawreview.com/article/much-anticipated-australian-offshore-electricity-infrastructure-bill-introduced-to>, September 3, 2021, The new Offshore Electricity Infrastructure Bill 2021 (Bill) has been introduced to the Australian parliament with the aim of kick-starting new investment into offshore electricity generation and transmission. The Bill sets out a framework for construction, operation, maintenance and decommissioning of offshore electricity projects. The Bill comes 18 months after consultations on the proposed framework closed in February 2020 and forms part of the Government's drive to deliver a reliable, affordable and secure energy system. Rough Waters Ahead, Once Again: A District Court Vacates the 2020 Navigable Waters Protection Rule as the EPA and Corps WOTUS Definition Rulemaking Continues<https://www.natlawreview.com/article/rough-waters-ahead-once-again-district-court-vacates-2020-navigable-waters>, September 2, 2021, On August 30, 2021, the U.S. District Court for the District of Arizona in Pasqua Yaqui Tribe v. EPA, Case No. 4:20-cv-00266, vacated the Environmental Protection Agency's ("EPA") and U.S. Army Corps of Engineers' ("Corps") 2020 Navigable Waters Protection Rule ("NWPR") redefining jurisdictional "Waters of the United States" ("WOTUS") under the Clean Water Act ("CWA"). The district court found "fundamental, substantive flaws that cannot be cured without revising or replacing the NWPR's definition" and accordingly remanded and vacated the rule. It appears that the court ruling applies nationwide, but it is possible that the ruling will only apply in Arizona. State Lawmakers Confront the Challenge of the Energy Transition<https://www.natlawreview.com/article/state-lawmakers-confront-challenge-energy-transition>, August 31, 2021, As we have reported previously in this blog, in March 2021, the Massachusetts Governor signed historic climate legislation designed to effectuate the Commonwealth's goal of net-zero emissions by 2050 (Chapter 8 of the Acts of 2021 or the "Act"). Some of the more controversial items in the Act were the provisions to incorporate requirements into the state's building code to advance construction and/or retrofitting of buildings with energy systems designed to reduce emissions. In general, the efforts to facilitate a transition away from fossil-fuel energy systems in buildings continue to prove difficult as existing programs and policies are not necessarily designed to prompt the shift away from traditional energy systems at the pace that some argue is required to meet the aggressive emission targets of the state goals. EPA Expands Use of FIFRA Criminal Enforcement As It Targets COVID-19 Claims<https://www.natlawreview.com/article/epa-expands-use-fifra-criminal-enforcement-it-targets-covid-19-claims>, August 30, 2021, The U.S. Environmental Protection Agency (EPA) has historically used its civil enforcement authority under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to pursue most penalties associated with the distribution and sale of unregistered pesticide products and devices. However, facing unprecedented concerns about potential risks to the American public associated with the use of unregistered, fraudulent, or ineffective disinfectants during the COVID-19 pandemic, EPA appears to be prioritizing its criminal enforcement in this area, as well. Regulated industry and other stakeholders should consider if EPA's expanded use of its criminal enforcement authority over the last year may augur a deeper shift in the Agency's approach to FIFRA violations, with potential implications that continue beyond the pandemic itself. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: With Advanced Clean Fleets Regulation, CARB Sets Aggressive Targets and Timelines<https://www.jdsupra.com/legalnews/with-advanced-clean-fleets-regulation-8680077/>, September 7, 2021, The California Air Resources Board (CARB) has released the text of its proposed Advanced Clean Fleets regulation, which is designed to require wide-scale and rapid adoption of battery-electric and fuel cell-powered trucks in the state. With this draft regulation, California continues its aggressive efforts to curtail tailpipe emissions in the state and sends a signal to manufacturers that electric and fuel cells vehicles will be preferred in medium- and heavy-duty applications. The regulation will likely serve as a model for other states, including the 14 states (plus the District of Columbia) that signed an MOU with California in 2013 to cooperate on zero emission vehicle rules. Pending California Legislation Highlights Need for Stronger Commitment to Carbon Capture & Sequestration<https://www.jdsupra.com/legalnews/pending-california-legislation-1729128/>, September 2, 2021, A bill pending before the California State Senate could boost support for carbon capture and sequestration projects. The California Climate Crisis Act (AB 1395), which has already passed the Assembly, sets a state policy to achieve net-zero greenhouse gas emissions as soon as possible, and no later than 2045. The bill recognizes the need for a variety of carbon capture and storage (CCS) technologies to achieve these dramatic reductions. Gov. Gavin Newsom recently directed the California Air Resources Board and other agencies to devise plans to meet the neutrality target 10 years earlier, by 2035. Environmental Justice Emerges as EPA and Virginia Priority<https://www.jdsupra.com/legalnews/environmental-justice-emerges-as-epa-2748358/>, September 2, 2021, Recent guidance issued by the U.S. Environmental Protection Agency ("EPA") evidences EPA's intention to better incorporate Environmental Justice ("EJ") considerations into program administration and enforcement. Specifically, EPA issued two memoranda that signal a revitalized focus on EJ enforcement. EPA Submitted Proposed Renewable Fuel Standards to OMB<https://www.jdsupra.com/legalnews/epa-submitted-proposed-renewable-fuel-9424531/>, September 1, 2021, On August 26, 2021, the Environmental Protection Agency ("EPA") sent its proposed rule for setting renewable fuel percentage standards to the Office of Management and Budget ("OMB") for review.1 The proposed rule is expected to set the annual renewable fuel volumes and percentages for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel for gasoline and diesel transportation fuel produced or imported in the years 2021 and 2022. Possibly, EPA's proposed rule may also retroactively modify the 2020 standards.2 It is anticipated that OMB will complete its review of EPA's proposed rule in the next 60 days. Once OMB has completed its review, the proposed rule will be published in the Federal Register for public comment. Pennsylvania Moves One Step Closer To Issuance Of Drinking Water Standards For PFOA And PFOS<https://www.jdsupra.com/legalnews/pennsylvania-moves-one-step-closer-to-9891487/>, September 1, 2021, At its July 29, 2021 meeting, the Pennsylvania Department of Environmental Protection ("Department")'s Public Water System Technical Assistance Center (TAC) Board voted to recommend that the Department proceed with a draft proposed rulemaking to set maximum contaminant levels (MCLs) in drinking water for certain PFAS compounds. The Department has proposed drinking water levels of 14 parts per trillion (ppt) for PFOA and 18 ppt for PFOS, which would put Pennsylvania roughly in the middle, in terms of stringency, of the states that have regulated those two compounds in drinking water. Please tell us if you have any questions or comments. 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