Dear Section Members, Here is the news roundup. On BBKlaw<https://www.bbklaw.com/news-events/insights?p=0&c=f27c8ea4-b509-44ad-8922-2a28e7115aef>: In With the New – Part Three<https://www.bbklaw.com/news-events/insights/2022/legal-alerts/02/in-with-the-new-part-three>, February 3, 2022, In Part Three of our “In With the New” series, BB&K covers important new legislation related to CEQA, development fees, housing, planning, zoning, public contracts and waste disposal. Within, you will find takeaways and analysis of the following: AB 819, SB 7, AB 602, SB 8, SB 9, SB 10, SB 391, AB 345, AB 1409, AB 846 and SB 619. On Law 360<https://www.law360.com/environmental/news?page=1>: Calif. AG Asked To Investigate Water Official's Ties To Boeing<https://www.law360.com/environmental/articles/1462499/calif-ag-asked-to-investigate-water-official-s-ties-to-boeing>, February 7, 2022, An environmental group asked California's attorney general on Monday to investigate whether a Los Angeles Water Board member violated a state conflict of interest law because her nonprofit allegedly received payments from Boeing Corp., a water pollution permit holder. In a letter to Attorney General Rob Bonta's office, Public Employees for Environmental Responsibility asked the state's top lawyer to look into whether Irma R. Muñoz broke the law by sitting on the Los Angeles Regional Water Quality Control Board while the group she founded and runs, Mujeres de la Tierra, was receiving tens of thousands of dollars from Boeing Corp. between 2016 and 2018. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Update on Environmental Justice Initiatives Under the Biden Administration<https://www.natlawreview.com/article/update-environmental-justice-initiatives-under-biden-administration>, February 8, 2022, During his campaign and with several Executive Orders issued during his first week in office, President Biden made clear that environmental justice (EJ) reforms are a priority of his Administration. So, where are we one year into his Presidency? This post provides a brief update on federal programs, initiatives and policies aimed at environmental justice that have been announced or implemented by the Biden Administration during the past year. Oregon OSHA to Promulgate Rules Addressing Employee Exposure to Wildfire Smoke<Oregon%20OSHA%20to%20Promulgate%20Rules%20Addressing%20Employee%20Exposure%20to%20Wildfire%20Smoke>, February 4, 2022, From 2020 through 2021, wildfires burned more than 1.5 million acres of land in Oregon. To put things in perspective, the area that burned was approximately seven times the size of New York City. Wildfire smoke can contain hazardous small particles that can penetrate deep into the lungs, causing a range of health problems. On September 11, 2020, wildfire smoke caused Portland’s air quality to rank worst among major cities across the world with an air quality index (AQI) of 349, a level that the U.S. Environmental Protection Agency characterizes as “hazardous.” Unsurprisingly, Oregon is taking measures to address the health risks associated with exposure to wildfire smoke, and the state is expected to soon join California in adopting related regulations. PFAS In Consumer Products: False Positives Mean Compliance Wrinkle<https://www.natlawreview.com/article/pfas-consumer-products-false-positives-mean-compliance-wrinkle>, February 3, 2022, A study published in the Journal of the American Society for Mass Spectrometry on January 11, 2022 detailed how current methods of testing for certain volatile PFAS may be resulting in abnormally high false positives. The article, Mass-Labeled Flourotelomer Alcohol Fragmentation Gives ‘False Positive’ For Nonlabeled Fluorotelomer Alcohols with Implications for Consumer Product Analysis (J. Am. Soc. Mass Spectrom. 2022, 33, 2, 399–403), explains how using certain methods to test consumer products for PFAS may result in false positive readings. While technical in nature, the article provides critical information for companies with concerns about current or legacy use of PFAS in consumer products. Failing to properly account for this recent study in compliance programs could have consequences in the future when PFAS products liability litigation develops. EPA Administrator Michael Regan Emphasizes the High Priority EPA Places on Environmental Justice Issues<https://www.natlawreview.com/article/epa-administrator-michael-regan-emphasizes-high-priority-epa-places-environmental-0>, February 1, 2022, In a January 19, 2022, speech to the U.S. Conference of Mayors, Michael S. Regan confirmed that “[f]or this EPA, environmental justice is not an add-on or an afterthought ― it is a central driving factor in all that we do.” Since his appointment as U.S. Environmental Protection Agency (EPA) Administrator, Regan has repeatedly stressed that environmental justice will be a priority for EPA under his leadership. A press release issued a week ago outlined new concrete steps EPA will take to make good on that commitment. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project<https://www.jdsupra.com/legalnews/more-uncertainty-ahead-wotus-scotus-and-4411300/>, February 7, 2022, Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few months have been no exception, and a recent move by the Supreme Court is likely to create further uncertainty for the time being. Acquiring and Defending Carbon Storage Rights<https://www.jdsupra.com/legalnews/acquiring-and-defending-carbon-storage-4960288/>, February 7, 2022, Carbon Capture and Sequestration (“CCS”), one form of which is known as Direct Air Capture, captures carbon dioxide (CO2) from man-made sources before CO2 is released into the atmosphere. The captured CO2 is then injected deep into the ground for permanent sequestration. In the United States, the Department of Energy estimates that the total Direct Air Capture storage capacity for CO2 is in the trillion of tons. Government Agencies Ramp Up Efforts to Revise Energy Efficiency Standards<https://www.jdsupra.com/legalnews/government-agencies-ramp-up-efforts-to-2747041/>, February 7, 2022, State and federal governments have shifted into high gear to establish new energy efficiency standards for a wide array of appliances, and manufacturers and consumers would be wise to stay abreast of government efforts to revise these standards. While energy efficiency is viewed widely as a “mom-and-apple-pie” tool with which to address climate change, higher efficiencies can limit consumer choice and prove to be expensive and cost-prohibitive for manufacturers and consumers alike. The devil really is in the details. Escalating Stakes in Battle for Ocean Wind<https://www.jdsupra.com/legalnews/escalating-stakes-in-battle-for-ocean-6168915/>, February 3, 2022, Offshore wind development in the United States continues to draw opposition from coastal landowners, businesses, organizations, and other users of ocean waters, as it has since the industry first emerged here. However, several pieces of recent litigation reveal serious competition over the United States’ marine territory between incumbent marine resource industries and the relative newcomers from the renewable energy industry. One user group versus another is a theme that runs through the country’s history of public lands policy and law: rancher versus homesteader, forester versus hiker, irrigator versus fisherman, and hunter versus birder. The exceedingly difficult history associated with evolving uses of public lands and waters foreshadows the gravity of the contest now underway. The outcome of this competition may very well shape the use of ocean resources for years to come. New Deadline and Reporting Period for California Surface Water Right Holders<https://www.jdsupra.com/legalnews/new-deadline-and-reporting-period-for-9542345/>, February 3, 2022, Last year, California Gov. Gavin Newsom signed the budget trailer bill, Senate Bill (SB) 155 into law. The bill modifies the deadline and reporting period for surface water diversion reports submitted annually to the State Water Resources Control Board’s Division of Water Rights. California Restricts Labeling of Recyclable Items: Check the Chasing Arrows<https://www.jdsupra.com/legalnews/california-restricts-labeling-of-6833817/>, February 1, 2022, A law adopted by the California State Legislature in October 2021 creates new requirements for the labeling of packaging that is intended to be disposed of in the blue curbside recycling bins used by California residents, which places new demands on manufacturers and retailers, potentially subjecting them to liability. Under California Senate Bill 343 (SB 343), only approved packaging is permitted to include the widely recognized “chasing arrows symbol” that has typically been understood to classify a product as recyclable. While there will be a grace period for compliance and the California Department of Resources Recycling and Recovery (CalRecycle) will need to publish additional information in support of the new requirements, manufacturers of recyclable packaging should be prepared to assess these new restrictions and requirements and evaluate the materials and labeling used in their packaging. Please tell me or the group if you have any questions or comments. Best wishes and stay safe. 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> 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.