Dear Section Members, I hope you and your families are well. If you're like me, you are quite ready for this to be over, but just a bit more patience. To hopefully serve as a distraction, here is the bi-weekly news roundup. As you will note, the Biden Administration is generating quite a few new initiatives. On Law 360<https://www.law360.com/environmental/news?page=1>: How Compliance Departments Can Prepare For Biden<https://www.law360.com/environmental/articles/1349269/how-compliance-departments-can-prepare-for-biden>, January 28, 2021, Compliance departments will need to "step it up" amid a more aggressive financial regulatory agenda under Joe Biden, requiring a wholesale review of policies and procedures that considers the new president's socially geared priorities and a renewed emphasis on protections for everyday investors, industry experts say. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: General Motors' Plan for 100% Electric Vehicle Lineup by 2035 - Impact on Suppliers<https://www.natlawreview.com/article/general-motors-plan-100-electric-vehicle-lineup-2035-impact-suppliers>, February 8, 2021, General Motors ("GM") recently announced its plan to completely phase out gasoline- and diesel-powered engines - and shift to a 100% electric vehicle (EV) lineup - by 2035. As one of the largest automakers worldwide, GM's dramatic shift will have a significant impact on automotive suppliers, as well as likely influence the production of other automakers. GM's announcement fits within a clear general trend. Other recent developments in the automotive industry, including an emphasis on lightweighting, stricter emissions controls, and a continued focus on propulsion, are driving large parts of the industry to invest in the EV market. President Biden Freezes New Oil and Gas Leases and Pauses Permits on Federal Lands and Offshore<https://www.natlawreview.com/article/president-biden-freezes-new-oil-and-gas-leases-and-pauses-permits-federal-lands-and>, February 8, 2021, On his first full day in office, President Biden indicated that the moderate Joe Biden we were all expecting might not be appearing on oil and gas issues and his administration's energy policies would be informed by the more progressive wing of the Democratic Party. On January 21, an acting Secretary of the Interior issued Order 3395, which imposes a 60-day pause on the issuance of new leases and permits for oil and gas drilling on federal lands and offshore, without being approved by one of nine senior Department of the Interior officials.[1] While no guidance has been issued and the secretary order is not entirely clear, in practice, existing operations on current leases will continue, and it has been reported that several operators have been issued new permits for ongoing operations. California Leads Nation With Introduction of Ambitious Climate Disclosure Bill in State Legislature<https://www.natlawreview.com/article/california-leads-nation-introduction-ambitious-climate-disclosure-bill-state>, February 4, 2021, Last week, California Senate Bill (SB) 260, the Climate Corporate Accountability Act was introduced in the California state legislature. If enacted, large corporations doing business in the state of California would be required to disclose their greenhouse gas (GHG) emissions to the California State Air Resources Board (CARB) beginning in 2024. Large corporations would also be required to set and disclose a science-based emissions reduction target aimed at reducing their carbon footprint, beginning in 2025. Final Rule Codifying Exemption of Incidental Take Under the Migratory Bird Treaty Act Faces Substantial Hurdles<https://www.natlawreview.com/article/final-rule-codifying-exemption-incidental-take-under-migratory-bird-treaty-act-faces>, February 2, 2021, On January 7, 2021, the U.S. Fish and Wildlife Service ("FWS") issued a final rule codifying the Trump Administration's interpretation that the prohibitions of the Migratory Bird Treaty Act ("MBTA") only apply to actions "directed at" migratory birds, their nests, or their eggs ("Final Rule"). Consistent with the proposed rule (see VNF's previous alert), FWS adopted the interpretation "that the scope of the MBTA does not include incidental take." The Final Rule is currently scheduled to become effective on February 8, 2021. However, implementation of this Final Rule faces significant hurdles-it may be struck down in federal court, disapproved pursuant to the Congressional Review Act ("CRA"), or withdrawn by the Biden Administration. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: California's Prop 65 - Companies with Fewer than 10 Employees<https://www.jdsupra.com/legalnews/california-s-prop-65-companies-with-4014830/>, February 9, 2021, Companies with fewer than ten employees are exempt from California's Proposition 65 warning requirements but may nonetheless have a sophisticated distribution network for their product, making them an attractive target for Proposition 65 plaintiffs. What should you do if your company receives a 60-Day Notice of Intent to Sue ("Notice"), threatening to sue you for failing to make Proposition 65 warnings about your product? Washington State Legislation Would Authorize Two New Large-Scale Water Rights Adjudications<https://www.jdsupra.com/legalnews/washington-state-legislation-would-1417221/>, February 3, 2021, Legislators in Washington State introduced parallel bills that would authorize funding for two water adjudications in Washington State. A water rights adjudication effectively brings all water users in a watershed into one lawsuit to fully determine everyone's water rights legally and permanently. Identical provisions of HB 1094 and SB 5092 would appropriate general funds for the Washington State Department of Ecology (Ecology) to prepare and file adjudications in the Nooksack watershed in Northwest Washington and the Lake Roosevelt watershed in Eastern Washington. Interested parties can submit comments on these bills here and here. Oregon Seeks to Modernize its Recycling Program<https://www.jdsupra.com/legalnews/oregon-seeks-to-modernize-its-recycling-5108825/>, February 1, 2021, The Oregon legislature is considering House Bill 2065 (Bill or HB 2065), a bill designed to restructure Oregon's recycling system. The Bill is the result of the Oregon Recycling Steering Committee, a collaborative process to address Oregon's recycling issues. HB 2065 seeks to overhaul Oregon's recycling system and shift some of the recycling responsibility onto producers and manufacturers. New York Moves Further Toward Implementation of Climate Leadership and Community Protection Act with Final Statewide Greenhouse Gas Emission Limits for 2030 and 2050<https://www.jdsupra.com/legalnews/new-york-moves-further-toward-7533934/>, January 29, 2021, On December 30, 2020, New York State's Department of Environmental Conservation (the "Department") promulgated statewide ambient limits on greenhouse gas ("GHG") emissions for the years 2030 and 2050 (the "Regulations").[1] The GHGs covered by the Regulations include carbon dioxide, methane, nitrous oxide and chlorofluorocarbons.[2] The final Regulations constitute a critical step in the implementation of New York State's climate strategy set out in the Climate Leadership and Community Protection Act ("CLCPA"). Please tell the group 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] <https://twitter.com/BBKlaw> Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be physically closed. Because all staff are working remotely, all documents (including correspondence, pleadings, and discovery) will be served via e-mail until further notice. Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail or delivery. Send all e-served documents in your case to the e-mail addresses for any Best Best & Krieger LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.