Dear Section Members, I hope all is well. As always, here is the news roundup. On Law 360<https://www.law360.com/environmental/news?page=1>: Calif. Tells Justices Animal Care Law Is On Solid Ground<https://www.law360.com/environmental/articles/1519296/calif-tells-justices-animal-care-law-is-on-solid-ground>, August 8, 2022, California on Monday asked the U.S. Supreme Court to reject pork producers' effort to sink a ballot initiative that banned in-state sales of meat from pigs born to mothers that are kept in confined housing. The Golden State slammed the National Pork Producers Council and American Farm Bureau Federation's argument that the 2018 voter-approved Proposition 12 violates the Constitution's dormant commerce clause. California's law requires that egg-laying hens, veal calves and breeding pigs be allowed freedom of movement and be housed in cage-free designs. The animals must not be prevented from lying down, standing up, fully extending limbs or turning around freely. States Push EPA On Calif. Truck Regs Waiver Request<https://www.law360.com/environmental/articles/1517734/states-push-epa-on-calif-truck-regs-waiver-request->, August 3, 2022, California and its allies that support reducing greenhouse gas emissions from vehicles are urging the U.S. Environmental Protection Agency to grant the state Clean Air Act waivers that would allow it to move ahead with regulations and programs for medium- and heavy-duty vehicles. The Golden State already has EPA waivers for its car and light truck greenhouse gas emissions and zero-emissions vehicle programs, but it now wants additional waivers to act on trucks, buses and other bigger vehicles. Before making a decision, the EPA will review comments that were submitted by Tuesday night's deadline from parties supporting or opposed to California's requests. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: Washington, DC, Aims to Ban Fossil Fuel in New Construction<https://www.natlawreview.com/article/washington-dc-aims-to-ban-fossil-fuel-new-construction>, August 5, 2022, Regulators at all levels - federal, state, and local - seek to address climate concerns. On July 27, Washington, DC, joined localities banning natural-gas hookups when Mayor Muriel Bowser signed an ordinance limiting use of fossil fuels like natural gas in newly constructed buildings and adding in various other climate-focused emissions limits. The Revival of Supplemental Environmental Projects and How It May Impact Settlement Agreements Moving Forward<https://www.natlawreview.com/article/revival-supplemental-environmental-projects-and-how-it-may-impact-settlement>, August 4, 2022, As the US Department of Justice (DOJ) begins to revive the use of Supplemental Environmental Projects (SEPs), it is likely that they will appear again with increasing frequency in settlement agreements moving forward. DOJ received comments through July 11, 2022 on its interim final rule to revoke the Trump-era regulation that prohibited payments to non-governmental, third-party organizations who are not parties to an enforcement action-the regulation that effectively prohibited SEPs in settlement agreements. This post will provide an overview of SEPs, regulations surrounding SEPs, comments received pertaining to the revival of SEPs, and the likely use of SEPs moving forward. Inflation Reduction Act Includes Expansive Tax Incentives for Clean Energy Investors and Developers<https://www.natlawreview.com/article/inflation-reduction-act-includes-expansive-tax-incentives-clean-energy-investors-and>, August 3, 2022, On July 27, 2022, Senator Joe Manchin and Senate Majority Leader Chuck Schumer reached an agreement on a budget reconciliation bill and released the "Inflation Reduction Act of 2022" (the "Act"). A significant part of the Act focuses on energy tax changes aimed at fighting climate change and promoting domestic energy security. To those ends, the Act extends and expands existing tax credits and adds several new energy tax credits for clean energy projects. The benefits of this historic legislation for investors and developers in the clean energy infrastructure space cannot be overstated. U.S. EPA Continues Its Aggressive Emissions Standards Stance with Proposed Standards for Heavy-Duty Highway Engines and Vehicles<https://www.natlawreview.com/article/us-epa-continues-its-aggressive-emissions-standards-stance-proposed-standards-heavy>, August 1, 2022, Following its final rule for light-duty vehicles issued at the end of 2021, this past spring, the U.S. Environmental Protection Agency ("U.S. EPA") proposed new emission standards for heavy-duty highway vehicles and engines. Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards, 87 Fed. Reg. 17,414 (proposed March 28, 2022) (hereinafter the "Proposed Rule"). While U.S. EPA was dealt a blow with respect to its authority to regulate greenhouse gas emissions under the Clean Air Act stationary source program in the U.S. Supreme Court's recent decision in West Virginia v. EPA, U.S. EPA appears to be continuing its aggressive regulation of emissions in the mobile source space for vehicles and equipment, as evidenced by the Proposed Rule is no exception. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: General Services Administration Information Request Foreshadows Potentially Significant Rulemaking on Single-Use Plastic Packaging<https://www.jdsupra.com/legalnews/general-services-administration-3951945/>, August 5, 2022, The U.S. General Services Administration (GSA) has issued an Advance Notice of Proposed Rulemaking (ANPR), requesting feedback on the potential economic impact and feasibility of a potential rulemaking to reduce single-use plastics in packaging and shipping materials for products procured by the federal government. GSA performs numerous administerial and supportive functions on behalf of the federal government, including procuring goods and services for other agencies. Every year, GSA facilitates the spending of tens of billions of dollars on federal procurement. GSA also maintains the GSA Schedule, a series of pre-negotiated contracts that other agencies can use to procure goods and services. What would the declaration of a "national climate emergency" mean for businesses?<https://www.jdsupra.com/legalnews/what-would-the-declaration-of-a-7506306/>, August 4, 2022, President Biden is reportedly contemplating the declaration of a "national climate emergency" (NCE). According to his advisors, all options are on the table for the administration as it seeks to meet its ambitious climate goals. But what are these options, and what practical effect would they have? The most probable economic consequence of an NCE would be a further spike in energy prices. An NCE would give President Biden access to several tools allowing him to restrict the trade, development, or extraction of fossil fuels. He could use the Energy Policy Conservation Act to halt crude oil exports. He could employ the National Emergencies Act to stop oil and gas drilling on the outer continental shelf and restrict international trade and private investment in fossil fuels. He could also curb the import of fossil fuels under the International Emergency Economic Powers Act. And the Robert T. Stafford Disaster Relief and Emergency Assistance Act could allow the administration limit the construction of fossil-fuel infrastructure. Pennsylvania Joins the Regional Greenhouse Gas Initiative<https://www.jdsupra.com/legalnews/pennsylvania-joins-the-regional-4669395/>, August 3, 2022, On April 23, 2022, Pennsylvania became the 12th state to join the Regional Greenhouse Gas Initiative ("RGGI"). Entry into the cap-and-trade program is one of the cornerstones of Governor Tom Wolf's efforts to mitigate carbon dioxide ("CO2") emissions from the Commonwealth's power sector. While Pennsylvania's move to join RGGI, beginning in 2019, has ended, the collaborative work of implementing the program and remaining a member has just begun. New US Climate Bill Seeks to Bolster Domestic Critical Minerals Supply Chain<https://www.jdsupra.com/legalnews/new-us-climate-bill-seeks-to-bolster-2683536/>, August 2, 2022, On July 27, Senate Majority Leader Chuck Schumer (D-NY) unveiled a budget reconciliation bill entitled the Inflation Reduction Act of 2022 ("IRA"), which would implement core components of President Biden's agenda on healthcare, tax reform, and climate change. The bill includes an estimated $369 billion in investments related to "climate change and energy security," including tax and other incentives to promote US production of electric vehicles ("EVs"), renewable energy technologies, and critical minerals, representing the "single biggest climate investment in US history[.]" These provisions are intended to put the United States on a path to roughly 40 percent emissions reduction by 2030, but they also reflect economic and geopolitical objectives, including a desire to "lessen our reliance on China, ensuring that the transition to a clean economy creates millions of American manufacturing jobs, and is powered by American-made clean technologies." Cap in hand: Canada's federal government considering oil and gas emissions cap<https://www.jdsupra.com/legalnews/cap-in-hand-canada-s-federal-government-9123876/>, August 1, 2022, The Government of Canada recently published its Discussion Paper on options to cap and cut emissions from the country's oil and gas sector. The Discussion Paper is the latest step from a federal government that has been very active in introducing and implementing measures intended to curb Canada's greenhouse gas (GHG) emissions as part of the overall effort to meet its international commitments and to achieve "net-zero" emissions by 2050. 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