Dear Section Members, I hope you are having a good summer. As always, here is the news roundup. On Law 360<https://www.law360.com/environmental/news?page=1>: Navajo Nation Says Navigable Waters Rule Must Go<https://www.law360.com/environmental/articles/1410132/navajo-nation-says-navigable-waters-rule-must-go>, August 5, 2021, The Navajo Nation urged a New Mexico federal court not to allow the government to keep the Trump administration's Navigable Waters Protection Rule in place while it fixes defects, pointing to the new administration's slow response and the irreversible harm that will occur in the meantime. Change To Dredging Rules Killed Sea Turtles, Enviros Say<https://www.law360.com/environmental/articles/1409889/change-to-dredging-rules-killed-sea-turtles-enviros-say>, August 5, 2021, At least three protected sea turtles are dead as a result of the Biden administration's decision to allow year-round dredging in North Carolina, environmental groups have claimed in a new suit asking a federal court to end the approvals and set them aside. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: President Biden Raises the Bar on Electrification of the Auto Industry through Executive Order<https://www.natlawreview.com/article/president-biden-raises-bar-electrification-auto-industry-through-executive-order>, August 6, 2021, On August 5, 2021, US President Joe Biden announced and signed an executive order that sets a new target to make half of all new vehicles sold in 2030 zero-emissions vehicles, including battery electric, plug-in hybrid electric and fuel cell electric vehicles. This executive order is consistent with President Biden's goal of building more than 500,000 electric vehicle (EV) chargers throughout the United States, which will provide manufacturing opportunities for charging infrastructure and battery technology. Maine Requires Companies to Pay For Their Packaging<https://www.natlawreview.com/article/maine-requires-companies-to-pay-their-packaging>, August 5, 2021, Last month, Maine signed the nation's first packaging-based extended producer responsibility program into law, signaling a possible sea change in the way we handle recycling in the United States. Maine's extended producer responsibility for packaging law, LD 1541, will shift the costs of dealing with product packaging, whether it is recyclable or not, from municipalities and consumers to producers. The law will require packaging producers to report on the types and quantity of packaging materials sold into the state. A to-be-formed Stewardship Organization will then charge these producers an annual fee intended to account for the disposal and recycling costs associated with those packaging materials. The fees collected will be passed along to municipalities that have traditionally borne the cost of recycling or disposing of all of this packaging. Unless they are otherwise exempt, producers will not be allowed to sell or distribute products in Maine without complying with the law. Biden Administration Proposes a Reset on Defining "Waters of the U.S."<https://www.natlawreview.com/article/biden-administration-proposes-reset-defining-waters-us>, August 4, 2021, Over the past week, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers announced plans to undo the Trump administration's Navigable Waters Protection Rule, and take the Biden administration's next steps toward promulgating an "enduring definition" of "waters of the United States" (WOTUS) under the Clean Water Act (CWA). If completed, this effort would mark the third rewrite of the WOTUS definition in as many administrations. Federal Government Takes More Steps Toward Regulating PFAS<https://www.natlawreview.com/article/federal-government-takes-more-steps-toward-regulating-pfas>, July 30, 2021, On July 21, 2021, the U.S. House of Representatives approved a bill to designate two per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly referred to as the Superfund law. The PFAS Action Act would require the U.S. Environmental Protection Agency (EPA) to add perfluorooctanoic acid (PFOA) and perfluoroactanesulfonic acid (PFOS) to the list of hazardous substances within one year, and to assess all other PFAS within five years. If the bill becomes law, it would trigger assessment and remediation obligations under CERCLA. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: Recovered Running Buffalo Clover Delisted from the ESA<https://www.jdsupra.com/legalnews/recovered-running-buffalo-clover-8356345/>, August 10, 2021, Last Friday, the U.S. Fish and Wildlife Service ("USFWS") finalized the removal of the now-recovered Trifolium stoloniferum (running buffalo clover) from the list of endangered and threatened wildlife and plants protected under the Endangered Species Act ("ESA"). Running buffalo clover is a perennial species with small white flowers and leaves divided into three leaflets. The plant produces creeping stems that "run" along the surface of the ground to re-root and form new clusters of clover. Ohio District Court Confirms its Ruling That CERCLA Does Not Apply to Disposal of A "Naturally Occurring" Hazardous Substance<https://www.jdsupra.com/legalnews/ohio-district-court-confirms-its-ruling-5249571/>, August 4, 2021, Finally, there is a substance that, when sent to a CERCLA Superfund Site, does not subject a party to liability. Many of us grew up in the environmental field understanding that anything sent to a site subjects a party to liability - either as a hazardous substance itself, because it contains hazardous substances, or even because it could cause the migration of other hazardous substances. As Bob Dylan said, The Times They Are a-Changin'. California Requires PFAS Investigation At Refineries And Terminals Statewide<https://www.jdsupra.com/legalnews/california-requires-pfas-investigation-9950610/>, August 4, 2021, The California State Water Resources Control Board ("State Water Board") has issued an Order to approximately 160 bulk fuel storage terminals and refineries in California requiring implementation of a PFAS site investigation. The State Water Board identified the recipients of the Order on the basis that they had stored and/or used materials that may contain PFAS such as AFFF for fire suppression, fire training, and flammable vapor suppression. In addition, the Order notes that petroleum-product storage tanks may use a floating layer of cereal grains treated with PFAS on top of the liquid surface to reduce evaporation loss, and facilities storing hydrocarbon fuels may prevent evaporation through use of an aqueous layer containing PFAS. EPA Unveils Its Power Plants And Neighboring Communities Mapping Tool Further Addressing Environmental Justice Concerns<https://www.jdsupra.com/legalnews/epa-unveils-its-power-plants-and-1593464/>, August 4, 2021, The Environmental Protection Agency ("EPA") recently unveiled its new Power Plants and Neighboring Communities mapping tool as part of its commitment to Environmental Justice ("EJ"). The mapping tool displays: the location of fossil fuel power plants; power plant emissions; community demographic indicators; and the location of select tribal lands. EPA has developed this tool as part of its broader commitments related to climate change and EJ. EPA has also signaled that it intends to build similar maps for other industries, which could include refining, petrochemical, and other chemical facilities. As shown by this mapping tool, environmental data will continue to become more transparent to the public. Consequently, operators of industrial facilities should understand that local communities will take on an increasingly effective role in ensuring that facilities comply with the law. EPA Targeting Clean Air Act Violations At Metal Recycling Facilities<https://www.jdsupra.com/legalnews/epa-targeting-clean-air-act-violations-3557616/>, August 3, 2021, The U.S. Environmental Protection Agency ("EPA") has announced its newest target for Clean Air Act enforcement: metal recycling facilities. In an enforcement alert issued in July 2021, EPA states that it has identified emission violations at metal recycling facilities that operate auto and scrap metal shredders. Specifically, EPA wants shredder owners and operators to be aware that the amount of volatile organic compounds ("VOCs") emitted by their facilities may exceed thresholds for New Source Review ("NSR") permitting or, depending on the location of the facility, installation of Reasonably Available Control Technology ("RACT"). Failure to comply with any of these requirements is a violation of the Clean Air Act, which could lead to an enforcement action ultimately requiring payment of substantial penalties and installation of emission controls. Please tell me or the group if you have any thoughts or questions. 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> This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. 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