Dear Section Members, I hope you and yours are well. As usual, here is the news roundup. On BBKlaw<https://www.bbklaw.com/news-events/insights?p=0&c=f27c8ea4-b509-44ad-8922-2a28e7115aef>: U.S. Supreme Court Limits EPA's Climate Change Authority Under the Clean Air Act<https://www.bbklaw.com/news-events/insights/2022/legal-alerts/07/us-supreme-court-limits-epas-climate-change-auth>, July 5, 2022, Last Thursday, the U.S. Supreme Court announced a 6-3 decision against the Environmental Protection Agency (EPA). In West Virginia v. EPA, the Court determined that the EPA could not leverage its authority to limit greenhouse gas emission limits for existing power plants to require reduced use or closure of coal-fired facilities. On Law 360<https://www.law360.com/environmental/news?page=1>: GSA To Weigh Scaling Back Single-Use Plastic In Its Contracts<https://www.law360.com/environmental/articles/1508949/gsa-to-weigh-scaling-back-single-use-plastic-in-its-contracts>, July 6, 2022, The procurement arm of the federal government kicked off an inquiry Wednesday to consider ways it could scale back the amount of single-use plastic consumed throughout its operations. In an advance notice of proposed rulemaking, the General Services Administration said it wants input on addressing single-use plastic used to package and ship items procured for the federal government. The GSA said it will also be evaluating what single-use plastic products the agency contracts for directly. Green Groups Say Bird Species Needs Habitat Protection<https://www.law360.com/environmental/articles/1507668/green-groups-say-bird-species-needs-habitat-protection>, June 30, 2022, The U.S. Fish and Wildlife Service was hit with a lawsuit in D.C. federal court Thursday claiming the agency isn't adequately protecting the habitat of a rapidly declining bird species from land development and climate change. The Center for Biological Diversity and Healthy Gulf filed the lawsuit alleging the agency violated the Endangered Species Act and the Administrative Procedure Act by listing the need for habitat protections for the bird, the eastern black rail, as "non-prudent." The organizations want a court order requiring the agency to create protections for the species. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Waste Not Want Not: The Impact of EPA's Decision to Consider Reclassifying Discarded Polyvinyl Chloride as A Hazardous Waste<https://www.natlawreview.com/article/waste-not-want-not-impact-epa-s-decision-to-consider-reclassifying-discarded>, July 8, 2022, On 3 May 2022, the Center for Biological Diversity (CBD) announced it had settled its case against the U.S. Environmental Protection Agency (EPA) in Center for Biological Diversity v. U.S. Environmental Protection Agency, et al. (Civ. No.: 1:21-CV-2210-JDB), filed in the United States District Court for the District of Columbia. In this case, CBD alleged EPA had failed to make a timely decision as to whether to list discarded polyvinyl chloride (PVC) as a hazardous waste under the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901-6992k (RCRA). The consent decree proposed by the parties requires that EPA make a tentative decision on listing by 20 January 2023 and a final determination by 12 April 2024. This is likely to impact a variety of industries, including aquaculture, construction, and contaminated site remediation. Commerce Proposes New Rule to Pause Collection of Antidumping or Countervailing Duties on Pending Circumvention Inquiries Involving CSPVs<https://www.natlawreview.com/article/commerce-proposes-new-rule-to-pause-collection-antidumping-or-countervailing-duties>, July 7, 2022, On July 1, 2022, the US Department of Commerce (Commerce) published a proposed rule to pause the collection of any antidumping (AD) or countervailing (CVD) duties under its pending circumvention inquiries on crystalline silicon photovoltaic cells and modules (CSPVs) from four southeast Asian countries. Commerce's proposed rule, if enacted, would provide more certainty as to AD/CVD duty liability for importers and purchasers of CSPVs from these countries for the period of time that this "pause" is in effect (likely until June 6, 2024). Comments on this proposed rule are due by August 1, 2022. EPA Increases Scrutiny of Self-Reporting Through the eDisclosure System<https://www.natlawreview.com/article/epa-increases-scrutiny-self-reporting-through-edisclosure-system>, July 7, 2022, On June 30, 2022, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) issued a report titled "Additional Internal Controls Would Improve the EPA's System for Electronic Disclosure of Environmental Violations." The OIG evaluated EPA's process for screening self-reporting violations disclosed to EPA under its Audit Policy, a longstanding program that provides administrative and civil penalty relief if its terms for voluntary and timely self-disclosure and correction are met. The OIG made several recommendations for EPA to increase its review of self-disclosures to address a concern that some self-disclosures seemed to not meet some Audit Policy eligibility criteria. All of the OIG recommendations were accepted by EPA's Office of Enforcement and Compliance Assurance (OECA), which manages the Audit Policy. Supreme Court Limits EPA's Authority to Regulate Greenhouse Gas Emissions<https://www.natlawreview.com/article/supreme-court-limits-epa-s-authority-to-regulate-greenhouse-gas-emissions>, June 30, 2022, On June 30, 2022, the Supreme Court issued a landmark decision in West Virginia v. EPA. In a 6-3 opinion written by Justice Roberts, the Court held that Congress did not give EPA the authority under Section 111 of the Clean Air Act to set emission standards for existing power plants that prescribe the market share of certain types of power generation. The Court reversed the D.C. Circuit ruling striking down the Trump-era Affordable Clean Energy (ACE) Rule, which repealed the Obama-era Clean Power Plan and replaced it with more limited regulations of CO2 emissions from existing power plants. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Canada Finalizes Clean Fuel Regulations<https://www.jdsupra.com/legalnews/canada-finalizes-clean-fuel-regulations-6372672/>, July 12, 2022, On July 6, 2022, Canada released the final version of the long-awaited Clean Fuel Regulations (CFR or Regulations). The CFR will require producers and importers of liquid fossil fuels, such as gasoline and diesel, to gradually reduce the carbon intensity (CI) of these fuels beginning in December 2023. The federal government expects these reductions will result in a 15% decrease in the CI of liquid fuels below 2016 levels by 2030. Annual CI reduction requirements can be satisfied in a variety of ways, including through a newly established credit market. US Food Sector Needs to Implement Climate Action Plans to Feed Demand from Hungry Investors<https://www.jdsupra.com/legalnews/us-food-sector-needs-to-implement-7574616/>, July 11, 2022, As corporations increasingly make public commitments to reduce greenhouse gas (GHG) emissions, allegations of "greenwashing" have been elevated to the global stage. Consumers, investors and government bodies alike are seeking clear standards by which to measure concrete action on climate-related goals. A recent report published by Ceres1 -The Investor Guide to Climate Transition Plans in the U.S. Food Sector (May 2022)2 (the "Investor Guide")-describes the evolution of these trends in the agricultural industry. C-PACE Offers Benefits for Energy Efficient Properties in Many States<https://www.jdsupra.com/legalnews/c-pace-offers-benefits-for-energy-1353399/>, July 11, 2022, Regardless of arguments as to its cause, climate change is real and its negative effects on health and the environment are evident. And although there exist legal directives that certain businesses must meet to increase energy efficiency and reduce carbon emissions, which draw both compliance and resistance, force has not been the only driver in changing behavior. In fact, physical, social, environmental, and market factors have become very motivating rationales for sustainable practices - especially in the real estate industry. California Passes Sweeping Plastic Reduction Act<https://www.jdsupra.com/legalnews/california-passes-sweeping-plastic-8040587/>, July 8, 2022, On June 29, 2022, Governor Newsom signed Senate Bill 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (the "Act"). The Act is designed to phase out single-use plastics in the state and is the country's most comprehensive extended producer responsibility bill. The Act passed 67-2 in the State Assembly and 29-7 in the Senate. The Act requires that by Jan. 1, 2028, at least 30% of plastic items sold, distributed or imported into the state be recyclable. By 2032, that number goes up to 65%. The Act also calls for a 25% reduction in single-use plastic waste by 2032. The Act shifts the plastic pollution burden from consumers to the plastics industry by raising $5 billion from industry members over 10 years to assist efforts to cut plastic pollution. The Act authorizes state agency CalRecycle to increase that percentage if the amount of plastic in the economy and waste stream grows. The Act also prohibits producers from selling, offering for sale, importing, or distributing covered materials in the state unless the producer is part of a producer responsibility organization (PRO) with a producer responsibility plan approved by the department, as prescribed, for the source reduction, collection, processing, and recycling of covered material. California Eases Environmental Requirements to Address Threatened Electricity Outages<https://www.jdsupra.com/legalnews/california-eases-environmental-6944895/>, July 6, 2022, On June 30, California Governor Gavin Newsom signed Assembly Bill 205, a legislative effort to bolster the state's energy resources and avoid outages like those California experienced in August 2020. AB 205 creates a Strategic Reliability Reserve that will secure new emergency and temporary generators, retain existing resources, and encourage the development of new clean energy projects and energy storage systems. To secure the resources needed to maintain the reliability of electric service, the legislation temporarily relaxes some of California's strict environmental requirements. AB 205 also provides an accelerated environmental review for new clean generation and suppliers of the components needed for these new units. Effective Immediately, California Energy Commission Jurisdiction Expands to Include Non-Thermal Projects Greater Than 50 MW<https://www.jdsupra.com/legalnews/effective-immediately-california-energy-3425623/>, July 5, 2022, On June 30, 2022, California Governor Gavin Newsom signed Assembly Bill 205 ("AB 205"), which, among various other things, expands the siting jurisdiction of the California Energy Commission ("CEC") to include non-thermal generating facilities, such as solar and wind projects, with a capacity of 50 megawatts (MW) or more. The CEC's siting jurisdiction was previously limited to thermal generating facilities like gas-fired and geothermal power plants with a capacity of 50 MW or more. In addition, AB 205 allows the CEC to have siting jurisdiction over energy storage facilities with a capacity of 200 MW hours or more. On BBKlaw<https://www.bbklaw.com/news-events/insights?p=0&c=f27c8ea4-b509-44ad-8922-2a28e7115aef>: U.S. Supreme Court Limits EPA's Climate Change Authority Under the Clean Air Act<https://www.bbklaw.com/news-events/insights/2022/legal-alerts/07/us-supreme-court-limits-epas-climate-change-auth>, July 5, 2022, Last Thursday, the U.S. Supreme Court announced a 6-3 decision against the Environmental Protection Agency (EPA). In West Virginia v. EPA, the Court determined that the EPA could not leverage its authority to limit greenhouse gas emission limits for existing power plants to require reduced use or closure of coal-fired facilities. On Law 360<https://www.law360.com/environmental/news?page=1>: GSA To Weigh Scaling Back Single-Use Plastic In Its Contracts<https://www.law360.com/environmental/articles/1508949/gsa-to-weigh-scaling-back-single-use-plastic-in-its-contracts>, July 6, 2022, The procurement arm of the federal government kicked off an inquiry Wednesday to consider ways it could scale back the amount of single-use plastic consumed throughout its operations. In an advance notice of proposed rulemaking, the General Services Administration said it wants input on addressing single-use plastic used to package and ship items procured for the federal government. The GSA said it will also be evaluating what single-use plastic products the agency contracts for directly. Green Groups Say Bird Species Needs Habitat Protection<https://www.law360.com/environmental/articles/1507668/green-groups-say-bird-species-needs-habitat-protection>, June 30, 2022, The U.S. Fish and Wildlife Service was hit with a lawsuit in D.C. federal court Thursday claiming the agency isn't adequately protecting the habitat of a rapidly declining bird species from land development and climate change. The Center for Biological Diversity and Healthy Gulf filed the lawsuit alleging the agency violated the Endangered Species Act and the Administrative Procedure Act by listing the need for habitat protections for the bird, the eastern black rail, as "non-prudent." The organizations want a court order requiring the agency to create protections for the species. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Waste Not Want Not: The Impact of EPA's Decision to Consider Reclassifying Discarded Polyvinyl Chloride as A Hazardous Waste<https://www.natlawreview.com/article/waste-not-want-not-impact-epa-s-decision-to-consider-reclassifying-discarded>, July 8, 2022, On 3 May 2022, the Center for Biological Diversity (CBD) announced it had settled its case against the U.S. Environmental Protection Agency (EPA) in Center for Biological Diversity v. U.S. Environmental Protection Agency, et al. (Civ. No.: 1:21-CV-2210-JDB), filed in the United States District Court for the District of Columbia. In this case, CBD alleged EPA had failed to make a timely decision as to whether to list discarded polyvinyl chloride (PVC) as a hazardous waste under the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901-6992k (RCRA). The consent decree proposed by the parties requires that EPA make a tentative decision on listing by 20 January 2023 and a final determination by 12 April 2024. This is likely to impact a variety of industries, including aquaculture, construction, and contaminated site remediation. Commerce Proposes New Rule to Pause Collection of Antidumping or Countervailing Duties on Pending Circumvention Inquiries Involving CSPVs<https://www.natlawreview.com/article/commerce-proposes-new-rule-to-pause-collection-antidumping-or-countervailing-duties>, July 7, 2022, On July 1, 2022, the US Department of Commerce (Commerce) published a proposed rule to pause the collection of any antidumping (AD) or countervailing (CVD) duties under its pending circumvention inquiries on crystalline silicon photovoltaic cells and modules (CSPVs) from four southeast Asian countries. Commerce's proposed rule, if enacted, would provide more certainty as to AD/CVD duty liability for importers and purchasers of CSPVs from these countries for the period of time that this "pause" is in effect (likely until June 6, 2024). Comments on this proposed rule are due by August 1, 2022. EPA Increases Scrutiny of Self-Reporting Through the eDisclosure System<https://www.natlawreview.com/article/epa-increases-scrutiny-self-reporting-through-edisclosure-system>, July 7, 2022, On June 30, 2022, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) issued a report titled "Additional Internal Controls Would Improve the EPA's System for Electronic Disclosure of Environmental Violations." The OIG evaluated EPA's process for screening self-reporting violations disclosed to EPA under its Audit Policy, a longstanding program that provides administrative and civil penalty relief if its terms for voluntary and timely self-disclosure and correction are met. The OIG made several recommendations for EPA to increase its review of self-disclosures to address a concern that some self-disclosures seemed to not meet some Audit Policy eligibility criteria. All of the OIG recommendations were accepted by EPA's Office of Enforcement and Compliance Assurance (OECA), which manages the Audit Policy. Supreme Court Limits EPA's Authority to Regulate Greenhouse Gas Emissions<https://www.natlawreview.com/article/supreme-court-limits-epa-s-authority-to-regulate-greenhouse-gas-emissions>, June 30, 2022, On June 30, 2022, the Supreme Court issued a landmark decision in West Virginia v. EPA. In a 6-3 opinion written by Justice Roberts, the Court held that Congress did not give EPA the authority under Section 111 of the Clean Air Act to set emission standards for existing power plants that prescribe the market share of certain types of power generation. The Court reversed the D.C. Circuit ruling striking down the Trump-era Affordable Clean Energy (ACE) Rule, which repealed the Obama-era Clean Power Plan and replaced it with more limited regulations of CO2 emissions from existing power plants. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Canada Finalizes Clean Fuel Regulations<https://www.jdsupra.com/legalnews/canada-finalizes-clean-fuel-regulations-6372672/>, July 12, 2022, On July 6, 2022, Canada released the final version of the long-awaited Clean Fuel Regulations (CFR or Regulations). The CFR will require producers and importers of liquid fossil fuels, such as gasoline and diesel, to gradually reduce the carbon intensity (CI) of these fuels beginning in December 2023. The federal government expects these reductions will result in a 15% decrease in the CI of liquid fuels below 2016 levels by 2030. Annual CI reduction requirements can be satisfied in a variety of ways, including through a newly established credit market. US Food Sector Needs to Implement Climate Action Plans to Feed Demand from Hungry Investors<https://www.jdsupra.com/legalnews/us-food-sector-needs-to-implement-7574616/>, July 11, 2022, As corporations increasingly make public commitments to reduce greenhouse gas (GHG) emissions, allegations of "greenwashing" have been elevated to the global stage. Consumers, investors and government bodies alike are seeking clear standards by which to measure concrete action on climate-related goals. A recent report published by Ceres1 -The Investor Guide to Climate Transition Plans in the U.S. Food Sector (May 2022)2 (the "Investor Guide")-describes the evolution of these trends in the agricultural industry. C-PACE Offers Benefits for Energy Efficient Properties in Many States<https://www.jdsupra.com/legalnews/c-pace-offers-benefits-for-energy-1353399/>, July 11, 2022, Regardless of arguments as to its cause, climate change is real and its negative effects on health and the environment are evident. And although there exist legal directives that certain businesses must meet to increase energy efficiency and reduce carbon emissions, which draw both compliance and resistance, force has not been the only driver in changing behavior. In fact, physical, social, environmental, and market factors have become very motivating rationales for sustainable practices - especially in the real estate industry. California Passes Sweeping Plastic Reduction Act<https://www.jdsupra.com/legalnews/california-passes-sweeping-plastic-8040587/>, July 8, 2022, On June 29, 2022, Governor Newsom signed Senate Bill 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (the "Act"). The Act is designed to phase out single-use plastics in the state and is the country's most comprehensive extended producer responsibility bill. The Act passed 67-2 in the State Assembly and 29-7 in the Senate. The Act requires that by Jan. 1, 2028, at least 30% of plastic items sold, distributed or imported into the state be recyclable. By 2032, that number goes up to 65%. The Act also calls for a 25% reduction in single-use plastic waste by 2032. The Act shifts the plastic pollution burden from consumers to the plastics industry by raising $5 billion from industry members over 10 years to assist efforts to cut plastic pollution. The Act authorizes state agency CalRecycle to increase that percentage if the amount of plastic in the economy and waste stream grows. The Act also prohibits producers from selling, offering for sale, importing, or distributing covered materials in the state unless the producer is part of a producer responsibility organization (PRO) with a producer responsibility plan approved by the department, as prescribed, for the source reduction, collection, processing, and recycling of covered material. California Eases Environmental Requirements to Address Threatened Electricity Outages<https://www.jdsupra.com/legalnews/california-eases-environmental-6944895/>, July 6, 2022, On June 30, California Governor Gavin Newsom signed Assembly Bill 205, a legislative effort to bolster the state's energy resources and avoid outages like those California experienced in August 2020. AB 205 creates a Strategic Reliability Reserve that will secure new emergency and temporary generators, retain existing resources, and encourage the development of new clean energy projects and energy storage systems. To secure the resources needed to maintain the reliability of electric service, the legislation temporarily relaxes some of California's strict environmental requirements. AB 205 also provides an accelerated environmental review for new clean generation and suppliers of the components needed for these new units. Effective Immediately, California Energy Commission Jurisdiction Expands to Include Non-Thermal Projects Greater Than 50 MW<https://www.jdsupra.com/legalnews/effective-immediately-california-energy-3425623/>, July 5, 2022, On June 30, 2022, California Governor Gavin Newsom signed Assembly Bill 205 ("AB 205"), which, among various other things, expands the siting jurisdiction of the California Energy Commission ("CEC") to include non-thermal generating facilities, such as solar and wind projects, with a capacity of 50 megawatts (MW) or more. The CEC's siting jurisdiction was previously limited to thermal generating facilities like gas-fired and geothermal power plants with a capacity of 50 MW or more. In addition, AB 205 allows the CEC to have siting jurisdiction over energy storage facilities with a capacity of 200 MW hours or more. Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Rescind Definition for the Term "Habitat"<https://www.jdsupra.com/legalnews/endangered-species-act-u-s-fish-6734215/>, June 30, 2022, On Friday, June 24, 2022, the U.S. Fish & Wildlife Service (the Service) finalized a rule rescinding the regulatory definition of "habitat," as the term was used in the Endangered Species Act (the Act) and the various implementing regulations. See 87 Fed. Reg. 37,757 (June 24, 2022). The rule removing the definition becomes final and effective on July 25, 2022. We previously reported on the Service's promulgation and publication of the first and only attempt to define the term "habitat," found in 85 Fed. Reg. 81,411 (Dec. 16, 2020). A link to the prior post on the proposed rulemaking can be found HERE. Please tell us 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] [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. 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