Dear Section Members, I know it seems like only last week, but I believe it has been two weeks. Therefore, here is the bi-weekly news roundup. On Law 360<https://www.law360.com/environmental/news?page=1>: Watchdog Says EPA Issues Jeopardize Pollution Enforcement<https://www.law360.com/environmental/articles/1383986/watchdog-says-epa-issues-jeopardize-pollution-enforcement>, May 12, 2021, The U.S. Environmental Protection Agency continues to struggle with staffing and safety concerns that threaten the agency's ability to keep the nation's air and water clean by holding criminal polluters accountable, a new inspector general report released Wednesday said. In a report following up on a complaint filed with the inspector general's anonymous hotline, the agency said that the EPA's Office of Enforcement and Compliance Assurance is still faced with concerns that include its potentially dangerous handling of hazardous waste, its apparent inconsistent or incomplete record-keeping of audits, and its high attrition rates and inability to fill vacant positions in the highly complex divisions that enforce key environmental laws in the country. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Gov. Inslee Partially Vetoes Legislation Setting 2030 Goal For All Sales Of Vehicles To Be Electric, But Adopts Provisions Laying The Groundwork For Broad Electric Vehicle Adoption<https://www.natlawreview.com/article/gov-inslee-partially-vetoes-legislation-setting-2030-goal-all-sales-vehicles-to-be>, May 17, 2021, In its just-concluded session, the Washington legislature passed several pieces of legislation intended to promote the transition of Washington's transportation system away from fossil fuels. The most consequential of these, the Clean Fuels Program, is scheduled to be signed by Gov. Inslee on May 17, 2021. Three additional pieces of legislation are also worthy of note. HB 1287 lays the groundwork for the transition to an electrified transportation system. SB 5192 sets requirements for standardization of public electric vehicle charging stations. Finally, SB 5000 creates a sales and use tax exemption for hydrogen-powered vehicles. EPA Announces Launch of New Electronic Confidential Statement of Formula Application<https://www.natlawreview.com/article/epa-announces-launch-new-electronic-confidential-statement-formula-application>, May 14, 2021, On May 10, 2021, the U.S. Environmental Protection Agency (EPA) announced the launch of an electronic Confidential Statement of Formula application (eCSF builder) to support pesticide registration applications. The new electronic tool is part of EPA's interest in improving and modernizing the internal processes and digital workflows for pesticide registration submissions. Washington State Legislature Passes Minimum Recycled Content Bill<https://www.natlawreview.com/article/washington-state-legislature-passes-minimum-recycled-content-bill>, May 13, 2021, The Washington State legislature has passed a bill that establishes minimum recycled content requirements for certain plastic products, prohibits the sale and distribution of certain expanded polystyrene products, and limits the distribution of single-use plastic products by food service establishments. The bill also establishes registration and reporting requirements for manufacturers of certain plastic products. USFWS Proposes to Reverse Course (Again) Regarding Incidental Take Under the Migratory Bird Treaty Act<https://www.natlawreview.com/article/usfws-proposes-to-reverse-course-again-regarding-incidental-take-under-migratory>, May 12, 2021, On May 7, the US Fish and Wildlife Service (USFWS or Service) under the new Biden administration published a proposed rule to revoke a final rule issued during the final weeks of the Trump administration, 86 Fed. Reg. 1134 (Jan. 7, 2021) (January 7 rule), which excluded incidental take from the prohibition against take under the Migratory Bird Treaty Act (MBTA or Act). 86 Fed. Reg. 24,573 (May 7, 2021) (Proposed Rule). This proposal is the latest development in a series of efforts by recent presidential administrations to implement competing interpretations of the MBTA, as we have reported in previous articles. If USFWS revokes the January 7 rule as proposed, the regulated community will once again face uncertainty regarding its exposure to criminal enforcement under the MBTA for unintentional take of protected birds associated with a wide range of productive activities. Notably this could include the operation of wind turbines, an activity that the current administration otherwise presumably wants to encourage as part of its effort to expand the use of renewable energy to address climate change. Department of the Interior Seeks to Withdraw Migratory Bird Treaty Act Liability Rule<https://www.natlawreview.com/article/department-interior-seeks-to-withdraw-migratory-bird-treaty-act-liability-rule>, May 10, 2021, In a proposed rule published May 7, 2021, the Biden Administration seeks to withdraw the Trump Administration's Migratory Bird Treaty Act (MBTA) liability rule. The MBTA liability rule was published as a final rule on January 7, 2021, and provided the first regulatory definition of the scope of liability for take of migratory birds under the MBTA. Adopting one side of a court split, that rule interpreted the MBTA's prohibitions as applying only to actions that are "directed" at migratory birds, and not to actions that "incidentally take" them. Comments can be provided on the proposal to withdraw the MBTA rule until June 7, 2021. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Ready or Not, Here They Come: Climate Disclosure Requirements for All Public Companies Move a Step Closer to Becoming Law<https://www.jdsupra.com/legalnews/ready-or-not-here-they-come-climate-2874580/>, May 17, 2021, Democratic members of both houses of Congress reintroduced last month the Climate Risk Disclosure Act ("Act"), H.R. 2570, a bill that would require every public company to issue climate-related financial disclosures. This week, the House Financial Services Committee reported the bill out of committee by a narrow margin on a party-line vote. Consistent with steps the United States Securities and Exchange Commission (SEC) has taken in recent months, the Act aims to accelerate the promulgation of rules requiring public companies to disclose the risks they face from climate change and the strategies taken to address them. The goal, according to the bill's sponsors, is to help investors evaluate companies' climate risk profiles and make investment decisions in line with the transition to a clean-energy, climate friendly future. California Expands Review Of PFOS, PFOA To Include Cancer Risk<https://www.jdsupra.com/legalnews/california-expands-review-of-pfos-pfoa-4015821/>, May 17, 2021, The California Office of Environmental Health Hazard Assessment (OEHHA) is expanding its review of potential substances to add to its Proposition 65 list of chemicals that cause cancer. Earlier this year, the state announced it intended to add perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) to the list. After the public comment periods ended for those two substances, OEHHA announced it also intended to add four other chemicals: PFDA, PFHxS, PFNA, and PFUnDA. EPA Proposes Its First Rule Controlling HFCs Under the AIM Act<https://www.jdsupra.com/legalnews/epa-proposes-its-first-rule-controlling-3604450/>, May 13, 2021, On May 3, 2021, EPA announced its first major climate change rule under the Biden Administration, proposing to phase down the manufacture and import of hydrofluorocarbons (HFCs), which are potent greenhouse gases. EPA Administrator Michael Regan signed the nearly 300-page proposal that would establish an allowance-based trading program to implement the phasedown. The proposal is EPA's first rulemaking under the American Innovation and Manufacturing Act of 2020 (AIM Act) and will impact numerous sectors of the economy. Six Island Species to be Removed from ESA Protections<https://www.jdsupra.com/legalnews/six-island-species-to-be-removed-from-1930235/>, May 12, 2021, In the first week of May, the U.S. Fish and Wildlife Service ("USFWS") and the National Marine Fisheries Service ("NMFS") proposed rules to remove six species from the lists of endangered and threatened wildlife and plants under the Endangered Species Act ("ESA"). Please tell us if you have any questions or comments. 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