Dear Section Members, Here is the news roundup from the latter part of the past month. From Law360: 3M Wants Conn. Firefighters' PFAS Case Paused For MDL<https://www.law360.com/environmental/articles/1871280/3m-wants-conn-firefighters-pfas-case-paused-for-mdl> 3M has asked a Connecticut federal court to stay a proposed class action by firefighters who wore technical gear containing so-called forever chemicals until there's a decision on whether to transfer the suit to a multidistrict litigation in South Carolina. California Rips Challenge To Advanced Clean Fleets Regulation<https://www.law360.com/environmental/articles/1871416/california-rips-challenge-to-advanced-clean-fleets-regulation> California officials have urged a federal judge to toss a lawsuit from trade groups challenging new regulations requiring large commercial truck and bus fleets to start transitioning to electric and be completely zero-emission by 2036 and beyond, saying the mandates haven't even been enforced yet. Power Plant Rule Stay Is Unwarranted, EPA Tells Justices<https://www.law360.com/environmental/articles/1871480/power-plant-rule-stay-is-unwarranted-epa-tells-justices> U.S. Solicitor General Elizabeth B. Prelogar called on the U.S. Supreme Court to reject industry groups' and Republican-led states' attempts to block the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants, saying the agency did not exceed its statutory authority. New Fed Rule Will Help Tribes Sponsor Watershed Projects<https://www.law360.com/environmental/articles/1870477/new-fed-rule-will-help-tribes-sponsor-watershed-projects> The U.S. Department of Agriculture's Natural Resources Conservation Service said it has decided to amend its regulations for watershed projects, so Native American tribes and tribal groups can better carry out improvements for flood prevention and conservation. Oregon Judge Grants EPA Partial Win In Water Pollution Suit<https://www.law360.com/environmental/articles/1871916/oregon-judge-grants-epa-partial-win-in-water-pollution-suit> An Oregon federal judge rejected a conservation group's contention that the U.S. Environmental Protection Agency must step in and act because Oregon has effectively submitted no total maximum daily load plans to set appropriate pollution limits for hundreds of impaired waterways, some of which have been considered impaired for decades. The Biggest Enviro Policy Moves Of 2024: Midyear Report<https://www.law360.com/environmental/articles/1846082/the-biggest-enviro-policy-moves-of-2024-midyear-report> As the Biden administration hurtles toward the end of its term, the U.S. Environmental Protection Agency has been hustling important final rules out its doors, including regulations for power plant greenhouse gas emissions, chemicals and automobiles. The Biggest Energy Decisions In The First Half Of 2024<https://www.law360.com/environmental/articles/1868616/the-biggest-energy-decisions-in-the-first-half-of-2024-> From a D.C. Circuit decision upholding California's ability to set its own greenhouse gas standards for vehicles to the U.S. Supreme Court's freeze of the U.S. Environmental Protection Agency's plan to reduce cross-state pollution, consequential decisions in the energy space ripped through the courts in the first half of 2024. The Biggest Enviro Cases To Watch In 2024: Midyear Report<https://www.law360.com/environmental/articles/1850501/the-biggest-enviro-cases-to-watch-in-2024-midyear-report> Environmental attorneys can expect to see several developments in pending litigation during the remainder of 2024, including two cases that the U.S. Supreme Court has agreed to hear about Clean Water Act regulations for San Francisco and the extent of the federal government's authority as part of environmental reviews for projects. Judge Asked To OK Settlement For Halliburton CERCLA Suit<https://www.law360.com/environmental/articles/1874347/judge-asked-to-ok-settlement-for-halliburton-cercla-suit> Halliburton and more than 30 companies seeking to recover costs associated with the cleanup of long-accumulated contamination at a Superfund site have struck a settlement in California federal court in an attempt to bring to a close a decade of litigation. States, Industry Ask High Court To Block EPA Methane Rule<https://www.law360.com/environmental/articles/1874696/states-industry-ask-high-court-to-block-epa-methane-rule> A group of states and fossil fuel industry players have asked the U.S. Supreme Court to reverse the D.C. Circuit's decision not to block the implementation of a U.S. Environmental Protection Agency final rule strengthening methane emissions control requirements for oil and gas infrastructure. From Law.com: Environmental Protection, Clean Energy and Climate Change: 10 Priority Legislative Proposals<https://www.law.com/njlawjournal/2024/08/29/environmental-protection-clean-energy-and-climate-change-10-priority-legislative-proposals/> Lewis Goldshore reviews Sen. Bob Smith's top 10 legislative priorities for the remainder of the 2024-2025 legislative session. An Overview of Emerging Hazards Under CGL Policies<https://www.law.com/thelegalintelligencer/2024/08/20/an-overview-of-emerging-hazards-under-cgl-policies/> In recent years, new hazards have emerged that potentially implicate coverage under commercial general liability policies. Much attention has been paid to the liabilities associated with opioids and “PFAS,” but there are many other examples of emerging hazards. PFAS Coverage Litigation: Emerging Lessons for Emerging Risks<https://www.law.com/thelegalintelligencer/2024/08/20/pfas-coverage-litigation-emerging-lessons-for-emerging-risks/> During the past few years, per- and poly-fluoroalkyl substances (PFAS) have rapidly transformed from an “emerging” risk into an “emerged” risk. PFAS coverage litigation, which has increased correspondingly, may forecast future coverage fights concerning other risks as they potentially move from “emerging” to “emerged” status as well. At Supreme Court, EPA Defends Allegedly 'Vague' Sewage Permit for San Francisco<https://www.law.com/nationallawjournal/2024/08/30/at-supreme-court-epa-defends-allegedly-vague-sewage-permit-for-san-francisco/> The case, "San Francisco v. EPA," is the second time in two terms that the famously liberal-leaning West Coast municipal government has found itself at odds with the Biden administration in a legal issue at the Supreme Court. ‘Loper’ Deference? EPA Cites Recent Supreme Court Ruling to Defend Power Plant Rule<https://www.law.com/nationallawjournal/2024/08/19/loper-deference-epa-cites-recent-supreme-court-ruling-to-defend-power-plant-rule/> The EPA seized on an exception to the ‘no-deference’ rule in Loper Bright Enterprises Inc. v. Raimondo that applies when Congress has explicitly delegated a policy choice to an agency. From The National Law Review: D.C. Circuit Court Upholds EPA’s Assessment of Cancer Risk from Ethylene Oxide<https://natlawreview.com/article/dc-circuit-court-upholds-epas-assessment-cancer-risk-ethylene-oxide> Ethylene Oxide (EtO) is a reactive chemical widely used as a sterilizing agent for medical equipment that cannot otherwise be sterilized by heat/steam. EtO may also be used as a component for producing other chemicals, including glycol and polyglycol ethers, emulsifiers, detergents, and solvents. Allegations that exposure to EO may increase the risk of certain cancers has resulted in litigation in a number of states across the country, including Illinois, California, Georgia, and New Mexico, against companies that own and operate sterilizations facilities that utilize EtO. The claimants are nearby residents of these plants who allege that their cancers were caused by EtO emissions. EPA Bans the Use of DCPA<https://natlawreview.com/article/epa-bans-use-dcpa> The United States Environmental Protection Agency (“EPA”) has taken emergency action to ban the use of dimethyl tetrachloroterephtlate (“DCPA”), a weed killer primarily used on broccoli, brussels sprouts, cabbage, and onions. Manufacturers Fight Back on PFAS Litigation<https://natlawreview.com/article/manufacturers-fight-back-pfas-litigation> Per- and polyfluorinated substances (PFAS) include various synthetic chemicals that have been used in products ranging from cookware to clothing and carpets to cosmetics for decades. These various uses, when combined with a recent focus on releases of PFAS substances to the environment, have begun to spawn litigation against consumer products companies. From JD Supra: California Environmental Law & Policy Update - 8.16.24<https://www.jdsupra.com/legalnews/california-environmental-law-policy-4096319/> A new plan seeks to protect California’s coast against a rising ocean. And it doesn’t require sea walls. This Week's Climate Policy Update - August 2024 #3<https://www.jdsupra.com/legalnews/this-week-s-climate-policy-update-4246051/> Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings... PFAS in U.S. Property Transactions: PFail to Plan, Plan to Fail<https://www.jdsupra.com/legalnews/pfas-in-u-s-property-transactions-pfail-2852475/> Per- and polyfluoroalkyl substances (PFAS), a category of several thousand human-made chemicals, have been used for decades in consumer and industrial applications. As more is learned about them, including their resistance to degradation and links to human health concerns, lawmakers and regulators across the country are taking action to ban their use and to require responsible parties to clean up properties with contaminated soils and/or groundwater. EPA Finalizes Novel Herbicide Strategy to Protect Endangered Species<https://www.jdsupra.com/legalnews/epa-finalizes-novel-herbicide-strategy-9932461/> As part of its responsibilities under the Endangered Species Act (ESA), the U.S. Environmental Protection Agency (EPA) recently released its final Herbicide Strategy to address potential impacts of conventional herbicides on threatened and endangered species. EPA traditionally analyzed the impacts for each pesticide species-by-species. Under the Herbicide Strategy, EPA will preemptively apply a suite of listed species protections during initial herbicide registration or registration review. New State Laws Limiting the Use of PFAS in Consumer Products Continue to Proliferate<https://www.jdsupra.com/legalnews/new-state-laws-limiting-the-use-of-pfas-8502934/> Over the past few years, the regulation of per- or polyfluoroalkyl substances (PFAS) in consumer products has exploded. While manufacturers, distributors, and retailers have focused on significant new consumer product PFAS regulations in California and New York (some of which will go into effect on January 1, 2025), the regulated community also must keep track of the rapidly increasing number of PFAS regulations in a number of other states. Several states recently enacted or revised laws that phase out the manufacture, sale and distribution of certain consumer products containing PFAS. Proposed CERCLA Designation of PFOA and PFOS<https://www.jdsupra.com/legalnews/proposed-cercla-designation-of-pfoa-and-5846779/> On May 8, 2024, the U.S. Environmental Protection Agency (EPA) published its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). California Environmental Law & Policy Update 8.23.24<https://www.jdsupra.com/legalnews/california-environmental-law-policy-4689035/> After massive sewage spill that polluted beaches, L.A. agrees to spend $20 million on improvements Recent Updates to Federal Environmental and Natural Resource Regulations<https://www.jdsupra.com/legalnews/recent-updates-to-federal-environmental-30227/> Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape and a degree of regulatory uncertainty for projects across the United States. Massachusetts Enacts Law Targeting PFAS in Firefighter Protective Gear<https://www.jdsupra.com/legalnews/massachusetts-enacts-law-targeting-pfas-9064790/> On August 15, 2024, Massachusetts Governor, Maura Healy, signed legislation that will regulate and ultimately end the sale of protective gear for firefighters that contain per- and polyfluoroalkyl substances (PFAS). Massachusetts, along with Connecticut, became one of the first states to ban the use of PFAS in firefighters’ turnout gear. They join a growing list of states seeking to regulate or ban the use of PFAS and products containing PFAS. California Environmental Law & Policy Update 8.30.24<https://www.jdsupra.com/legalnews/california-environmental-law-policy-9594386/> California judge issues first-of-its-kind ruling to rein in groundwater pumping Wendy Wang Partner wendy.wang@bbklaw.com T: (213) 787-2554 bbklaw.com|