Dear Section Members, I hope you are doing well and getting ready for summer. As always, here is the news roundup. On Law 360<https://www.law360.com/environmental/news?page=1>: Groups Want Florida's Water Permit Program Power Yanked<https://www.law360.com/environmental/articles/1475776/groups-want-florida-s-water-permit-program-power-yanked>, March 21, 2022, Green groups on Friday urged a D.C. federal judge to revoke the U.S. Environmental Protection Agency's authorization for Florida to run a Clean Water Act permitting program. The Center for Biological Diversity, the Sierra Club and other groups said the EPA should not have approved Florida's application to take over the CWA Section 404 permitting program, which involves permits for dredged or fill material proposed to be discharged into waters of the United States. 19 States Urge EPA To Boost Lead Poisoning Protections<https://www.law360.com/environmental/articles/1474962/19-states-urge-epa-to-boost-lead-poisoning-protections>, March 17, 2022, A coalition of 19 states led by New York have urged the U.S. Environmental Protection Agency to further strengthen its lead poisoning protection plans, including by stepping up enforcement of lead control at rental homes and pledging money to replace hazardous drinking water pipes. The states submitted the suggestions to the EPA on Wednesday, arguing that the EPA could bolster the lead contamination abatement strategies it announced in October through various steps like expanded resources for enforcement and new drinking water policies, identifying meaningful environmental justice targets to better protect vulnerable communities and adopting federal regulations that require testing for drinking water in schools and childcare centers. Animal Orgs Urge Justices To Keep Block On 'Ag Gag' Law<https://www.law360.com/environmental/articles/1473620/animal-orgs-urge-justices-to-keep-block-on-ag-gag-law>, March 14, 2022, Animal rights and environmental groups have asked the U.S. Supreme Court to uphold a Kansas federal court's ruling partially blocking a state law aimed at punishing undercover animal cruelty investigations at factory farms. The Tenth Circuit upheld the ruling in a split decision in August 2021, but Kansas has asked the justices to step in and restore the law. The Animal Legal Defense Fund, or ALDF, and other groups said in a reply brief filed Monday that the appeals court properly nullified parts of the law that violated their First Amendment right to free speech. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: California Greenhouse Gas Law - Are Companies Ready?<https://www.natlawreview.com/article/california-greenhouse-gas-law-are-companies-ready>, March 21, 2022, In California, the Climate Corporate Accountability Act (CCAA), also known as SB 260, is making its way through the state legislature, as it passed the state Senate by a margin of 23-7. The bill is currently being considered by the California Assembly, whereafter it would require the Governor's approval to become state law. The CCAA would be the first law in the country requiring companies to disclose greenhouse gas emission levels and, as such, the California greenhouse gas law has significant implications on corporate environmental stewardship efforts. Companies impacted by the CCAA must prepare now for the possibility that the California greenhouse gas law is passed, with the understanding that the mandatory disclosures could someday shape liability risks for the companies. Fifth Circuit Permits Biden Administration To Resume Use of Social Cost of Carbon Measure<https://www.natlawreview.com/article/fifth-circuit-permits-biden-administration-to-resume-use-social-cost-carbon-measure>, March 18, 2022, This metric is a key part of the Biden Administration's efforts to address climate change, one of its top environmental priorities. Below is a quick primer on what the "social cost of carbon" is and why the Fifth Circuit permitted the Biden Administration to again use its preferred metric. EPA Restores California's Clean Air Act Waiver, Allowing the State to Set Its Own Motor Vehicle Emissions Standards<https://www.natlawreview.com/article/epa-restores-california-s-clean-air-act-waiver-allowing-state-to-set-its-own-motor>, March 17, 2022, On March 9, 2022, the US Environmental Protection Agency (EPA) rescinded a rule promulgated by the Trump Administration and revived California's Clean Air Act waiver, allowing the state to set its own greenhouse gas emissions for cars and establish a zero-emissions vehicle program. This move will effectively reinstate California's Advanced Clean Cars Program, which has been adopted by California and opted into by 16 other states and the District of Columbia. The program regulates both smog-related pollutants and greenhouse gas emissions in new light- and medium-duty vehicles, with increasingly stringent regulations that apply currently through model year 2025 vehicles. Shareholder Lawsuit Filed Against Shell Board of Directors in the UK Concerning Failure to Prepare for Climate Change<https://www.natlawreview.com/article/shareholder-lawsuit-filed-against-shell-board-directors-uk-concerning-failure-to>, March 17, 2022, ClientEarth, an environmental law organization, has filed a shareholder derivative lawsuit in the United Kingdom against Shell's board of directors for an alleged failure to adequately prepare Shell for the impact of climate change. Specifically, according to ClientEarth, the lawsuit "challenge[s] [Shell] on its failure to properly prepare for the net zero transition" and seeks to compel Shell to "put[] in place sufficient targets to reduce its emissions over the next 3, 5 and 10 years in order meet net zero [so as to] secure the company's long-term value, while protecting investors' capital and the climate." Washington PFAS Ban For Cosmetics Stalls<https://www.natlawreview.com/article/washington-pfas-ban-cosmetics-stalls>, March 16, 2022, We previously provided an update on legislation in Washington state that was proposing to ban cosmetics that contained PFAS in the state. The Washington PFAS ban for cosmetics received considerable attention and passed the state Senate, but failed to make it out of the House prior to the state adjourning its legislation period on March 11, 2022. The does not mean the end of the proposed ban in Washington; however, the bill will now be sent back to the Senate for committee consideration once the legislative session resumes. Nevertheless, the proposed Washington PFAS ban for cosmetics is just the latest in the broad-sweeping PFAS-containing products ban bills that are increasing across the country. It is critical for companies anywhere in the manufacturing or supply chain for cosmetics to immediately assess the impact of the proposed PFAS ban for cosmetics on corporate practices, and make decisions regarding continued use of PFAS in products, as opposed to substituting for other substances. At the same time, companies impacted by the PFAS legislation must be aware that the bills poses risks to the companies involvement in PFAS litigation in both the short and long term. Strategic Considerations for Responding to a Clean Air Act 114 Request<https://www.natlawreview.com/article/strategic-considerations-responding-to-clean-air-act-114-request>, March 11, 2022, In light of EPA's bold regulatory agenda, data reflecting a decades-long enforcement decline, and recent NGO calls for EPA to step up that enforcement, industry should be prepared for an uptick in Clean Air Act (CAA) Section 114 information requests. CAA 114 broadly authorizes EPA to require a company to provide information it may reasonably require for purposes of: (1) developing a State Implementation Plan (SIP) or promulgating a rule, such as a National Emission Standards for Hazardous Air Pollutants (NESHAP) or a New Source Performance Standards (NSPS); (2) determining compliance; or (3) carrying out a provision the CAA. 42 U.S.C. 7414(a). Information provided in response to a 114 request can be used in an enforcement action and may also be disclosed under the Freedom of Information Act (FOIA) to NGOs, members of the public, plaintiff's attorneys, state and local agencies, and industry competitors. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Will "Waters of the United States" Drown Private Property in More Regulation in 2022?<https://www.jdsupra.com/legalnews/will-waters-of-the-united-states-drown-1634418/>, March 21, 2022, Will private landowners' property fall under more regulation as part of the definition of "waters of the United States?" Will land near, but that does not front, a large body of water be subject to the wetlands regulations of the Clean Water Act (CWA), making development more costly? Over the last several decades, the U.S. Supreme Court (SCOTUS) and federal regulators have considered these issues but have not drawn a lasting definition for "waters of the United States." In 2022, SCOTUS is poised to take the issue up once again. Simultaneously, the Environmental Protection Agency (USEPA) and the United States Army Corps of Engineers (Corps) have proposed a new definition for the "waters of the United States," a move that will potentially impact the costs associated with the use of private property and the ability of property owners to build or expand on their lands. Lead Contamination Remains a Significant Issue at Outdoor Shooting Ranges, Prompting Environmental Law Citizen Suits<https://www.jdsupra.com/legalnews/lead-contamination-remains-a-5173963/>, March 18, 2022, Spent lead ammunition at outdoor shooting ranges remains a significant environmental topic, as accumulated lead can pose a threat to human health and the environment if best management practices are not implemented in a timely fashion to minimize the impact. Lead contamination is a known issue in the shooting community, remains an issue at ranges in many states, and has resulted in several recent major, sometimes multi-million dollar, remediation efforts. In 2021, the owners and operators of a Maryland shooting range settled a citizen lawsuit on the condition that the owners address the existing lead in the soil, surface water and wetlands, redirect certain shooting stations away from wetlands, and conduct regular sampling to check for contamination. Oregon Joins California and Washington in Adopting Its Own Program Capping and Reducing Greenhouse Gas Emissions<https://www.jdsupra.com/legalnews/oregon-joins-california-and-washington-3962150/>, March 18, 2022, With Oregon's recent implementation of rules to cap greenhouse gas (GHG) emissions, the entire West Coast is now subject to some form of GHG emissions cap program. We have previously discussed California's and Washington's cap and trade policies, as well as the multi-year efforts by Oregon policymakers to enact the state's own cap program. Below we summarize key aspects of Oregon's newly enacted administrative program, known as the Climate Protection Program (CPP). Environmental Justice in New Jersey: Another Hurdle for an Applicant to Jump and an Opportunity for Enhanced Public Participation<https://www.jdsupra.com/legalnews/environmental-justice-in-new-jersey-1067747/>, March 10, 2022, In enacting its innovative Environmental Justice Law, the New Jersey state legislature declared, among other things, that: "all New Jersey residents, regardless of income, race, ethnicity, color, or national origin, have a right to live, work, and recreate in a clean and healthy environment"; "no community should bear a disproportionate share of the adverse environmental and public health consequences that accompany the State's economic growth; [and] the State's overburdened communities [should] have a meaningful opportunity to participate in any decision to allow... certain types of facilities... " that might adversely affect them. The law provides for the promulgation of rules that will prohibit the issuance of an environmental permit for a new or expanded facility or for a renewal of a permit for a major source unless the applicant prepares an environmental justice impact statement and organizes and conducts a public hearing in the overburdened community, with those communities to be identified by rule. The job of promulgating implementing regulations is placed on the New Jersey Department of Environmental Protection (NJDEP). Please tell us if you have any questions or comments. 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