Dear Section Members, As usual, here is the Section news roundup: On BBKlaw<https://www.bbklaw.com/news-events/insights?p=0&c=f27c8ea4-b509-44ad-8922-2a28e7115aef>: In With the New - Part Four<https://www.bbklaw.com/news-events/insights/2022/legal-alerts/02/in-with-the-new-part-four>, February 10, 2022, In Part Four of our "In With the New" series, BB&K covers important new legislation related to the Brown Act, voting rights, water and sewer rate challenges, and general local government matters. Within, you will find takeaways and analysis of the following: SB 274, AB 37, SB 323, SB 60 and SB 501. On Law 360<https://www.law360.com/environmental/news?page=1>: White House Publishes Draft Climate Justice Screening Tool<https://www.law360.com/environmental/articles/1466583/white-house-publishes-draft-climate-justice-screening-tool>, February 18, 2022, The White House on Friday released a much-anticipated screening tool aimed at helping identify disadvantaged communities plagued by environmental hazards, describing it as a major step toward correcting historic injustices even as advocates said it ignored a key concern: race. The so-called environmental justice screening tool will help federal agencies in particular as they seek to comply with President Joe Biden's strategies for tackling the climate crisis, including the Justice40 initiative that aims to focus the benefits of 40% of federal clean energy and climate dollars on disadvantaged and marginalized communities across the country. Calif. Says Oakland Pollution Impacts Black, Latino Health<https://www.law360.com/environmental/articles/1465565/calif-says-oakland-pollution-impacts-black-latino-health>, February 16, 2022, A California metal foundry is illegally spewing carcinogens into the air and putting nearby densely populated Black and Latino communities at risk, according to a suit filed by the state. California Attorney General Rob Bonta said in a statement Tuesday that metal foundry operator AB&I in the East Oakland community has for years released hexavalent chromium into the air directly through vents, and has failed to warn nearby residents in violation of the state's chemical reporting rules known as Proposition 65. White House Extends Zero-Carbon Plan To Manufacturing<https://www.law360.com/environmental/articles/1465401/white-house-extends-zero-carbon-plan-to-manufacturing>, February 15, 2022, The White House on Tuesday announced a plan to bolster "clean" manufacturing, including trade policies intended to reward makers of low-carbon steel and aluminum and the creation of a task force to guide federal agencies toward buying low-carbon construction materials. The industrial sector is responsible for a third of U.S. greenhouse gas emissions, so incentivizing it to improve efficiency and use clean energy sources is crucial to meeting the Biden administration's goal for a "net-zero" carbon economy and "tackling the climate crisis," according to the White House. EPA Can Revisit Large Farm Emissions Reporting Exemption<https://www.law360.com/environmental/articles/1465195/epa-can-revisit-large-farm-emissions-reporting-exemption>, February 15, 2022, A D.C. federal judge has remanded to the Environmental Protection Agency a Trump-era rule that exempted large industrial farm operations from reporting their toxic air emissions under the Emergency Planning and Community Right-to-Know Act. In an order issued Monday, U.S. District Judge Timothy J. Kelly sided with the EPA's voluntary request for a remand after the agency pledged to update its requirements to abide by President Joe Biden's executive order to improve public health and protect the environment. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: U.S. Coast Guard Signals Intent to Initiate Rulemaking to Implement Ship Efficiency and Carbon Intensity Regulations Under MARPOL Annex VI<https://www.natlawreview.com/article/us-coast-guard-signals-intent-to-initiate-rulemaking-to-implement-ship-efficiency>, February 21, 2022, The U.S. Coast Guard (USCG) recently announced that it plans to develop and propose regulations to implement the provisions of MARPOL Annex VI, Chapter 4, including various shipboard energy efficiency measures aimed at reducing carbon emissions linked to climate change.1 The USCG states it is doing so in support of the Biden administration's goals outlined in Executive Order 14008, entitled "Tackling the Climate Crisis at Home and Abroad." According to this filing, the regulations will apply to U.S.-flagged ships and foreign-flagged ships operating either in U.S. navigable waters or in the U.S. Exclusive Economic Zone. Environmental Justice Groups Push Back On California Plan<https://www.natlawreview.com/article/environmental-justice-groups-push-back-california-plan>, February 16, 2022, Environmental justice groups are asking the EPA to, for the first time, reject a state implementation plan (SIP) pertaining to pollutants - in this instance, fine particulate matter (PM2.5) - due solely to environmental justice reasons. More specifically, the request to the EPA cites to the Civil Rights Act Title VI in arguing that the SIP would discriminate against a marginalized group of citizens. With increasing scrutiny on environmental justice issues, especially in light of the EPA's Draft Environmental Justice Action Plan in 2022, the request to the EPA is an important reminder to companies that consideration of environmental justice impacts of projects is a key consideration for risk mitigation. Environmental Justice Issues At Play In Utah Rail Project<https://www.natlawreview.com/article/environmental-justice-issues-play-utah-rail-project>, February 15, 2022, Environmental justice groups are asking the EPA to, for the first time, reject a state implementation plan (SIP) pertaining to pollutants - in this instance, fine particulate matter (PM2.5) - due solely to environmental justice reasons. More specifically, the request to the EPA cites to the Civil Rights Act Title VI in arguing that the SIP would discriminate against a marginalized group of citizens. With increasing scrutiny on environmental justice issues, especially in light of the EPA's Draft Environmental Justice Action Plan in 2022, the request to the EPA is an important reminder to companies that consideration of environmental justice impacts of projects is a key consideration for risk mitigation. PFAS Products Ban Closer To Reality In Minnesota<https://www.natlawreview.com/article/pfas-products-ban-closer-to-reality-minnesota>, February 15, 2022, In the latest state-level legislative action aimed at addressing PFAS concerns of citizens, Minnesota joined the fray by introducing three bills that, if enacted, would lead to a PFAS products ban for certain consumer goods. Some states, such as New York and Maine, have taken broad-sweeping approaches to banning "intentionally added" PFAS from consumer goods. Other states, such as Vermont, have enacted product-specific laws banning the sale of PFAS-containing products within the state. It is critical for companies to immediately assess the impact of the proposed Minnesota PFAS products ban 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 Minnesota PFAS legislation must be aware that the bill poses risks to the companies involvement in PFAS litigation in both the short and long term. EPA Announces Additional Actions to Advance Environmental Justice Efforts<https://www.natlawreview.com/article/epa-announces-additional-actions-to-advance-environmental-justice-efforts>, February 11, 2022, Throughout the first year of the Biden-Harris Administration, Environmental Justice (EJ) has been a focus of the U.S. Environmental Protection Agency. As I wrote about in November 2021, since January 2021 EPA has released numerous policies and guidance documents on EJ-related issues and has taken unprecedented actions in connection with permitting reviews and enforcement actions. EPA Administrator Michael Regan has repeatedly emphasized that EJ will be a top EPA priority. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: SENT system to tighten up the rules on waste shipments<https://www.jdsupra.com/legalnews/sent-system-to-tighten-up-the-rules-on-6624363/>, February 22, 2022, As of February 22, 2022, the SENT transport monitoring system will be extended to cover the movement of Green List waste exceeding 20 kg and hazardous waste. The measure is essentially yet another item on a long list of waste management requirements, keeping up with the ESG trend, implemented through the EU's extended producer responsibility concept under the Green Deal. Proposed New York Fashion Sustainability and Social Accountability Act would require sustainable fashion<https://www.jdsupra.com/legalnews/proposed-new-york-fashion-4836139/>, February 21, 2022, Multinational fashion companies doing business in New York may soon face new regulations. The New York Fashion Sustainability and Social Accountability Act ("Fashion Act"), currently under consideration in the New York State Assembly, would require companies with over $100M in global revenues to map their supply chain and disclose environmental and social responsibility criteria in public reports. If passed, this legislation will mandate greater accountability over companies' sustainability efforts. It will also require companies to undertake extensive due diligence and subject companies to a potential private right of action. Environmentalists File Notice of Intent to Sue Regarding Regional Haze<https://www.jdsupra.com/legalnews/environmentalists-file-notice-of-intent-8229046/>, February 18, 2022, On February 7, 2022, Sierra Club, et al. filed a Notice of Intent to File Suit ("NOI") over the Unites States Environmental Protection Agency's ("USEPA") supposed failure to perform its duties under the Clean Air Act ("CAA") to timely "make statutory completeness determinations and findings of failure to submit Regional Haze State Implementation Plans ("RH SIP") for the Second Planning Period" for 39 states. Environmental Groups Push for Broader PFAS Disclosure Requirements Under EPCRA<https://www.jdsupra.com/legalnews/environmental-groups-push-for-broader-6278363/>, February 18, 2022, Several environmental groups recently filed a suit (the "Complaint") challenging two EPA rules (the "PFAS rules") that added a total of 175 PFAS chemicals to the list of toxic chemicals subject to reporting under what is commonly known as the Toxics Release Inventory ("TRI"). The lawsuit seeks to remove two reporting exemptions applicable to those who manufacture, process, or use the 175 newly listed PFAS chemicals. Oregon Legislature Paves the Way for Changes to the Forest Practices Act<https://www.jdsupra.com/legalnews/oregon-legislature-paves-the-way-for-6580266/>, February 17, 2022, The Oregon legislature is currently considering, as part of its February 2022 session, three bills that form a comprehensive set of changes to the Oregon Forest Practices Act (Senate Bill 1501), create a small forestland owner tax credit (Senate Bill 1502), and update the forest harvest tax (House Bill 4055). California Senate Passes the Climate Corporate Accountability Act<https://www.jdsupra.com/legalnews/california-senate-passes-the-climate-2877377/>, February 14, 2022, Continuing its leadership in the battle against climate change, California takes a big step forward by requiring transparency concerning the carbon footprints of the nation's largest corporations doing business in the state. State, Federal Governments Move Toward Wind Energy Leasing in the Gulf of Mexico<https://www.jdsupra.com/legalnews/state-federal-governments-move-toward-3313191/>, February 11, 2022, The Oregon legislature is currently considering, as part of its February 2022 session, three bills that form a comprehensive set of changes to the Oregon Forest Practices Act (Senate Bill 1501), create a small forestland owner tax credit (Senate Bill 1502), and update the forest harvest tax (House Bill 4055). Please tell us if you have any questions or comments. 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