Dear Section Members, I hope you are well and not baking like we are here in California. Here is the news roundup. On BBKlaw<https://www.bbklaw.com/news-events/insights?p=0&c=f27c8ea4-b509-44ad-8922-2a28e7115aef>: EPA Releases Proposed Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA<https://www.bbklaw.com/news-events/insights/2022/legal-alerts/08/epa-releases-proposed-rule-hazardous-substances>, August 29, 2022, The U.S. Environmental Protection Agency (EPA) has released the pre-publication of the long-awaited Proposed Rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), also known as "Superfund." On Law 360<https://www.law360.com/environmental/news?page=1>: Calif. Corporate Climate Reporting Bill Fails In State Assembly<https://www.law360.com/environmental/articles/1526817/calif-corporate-climate-reporting-bill-fails-in-state-assembly->, September 1, 2022, A California effort to ramp up the climate-related disclosures of large private and public corporations has failed in the California State Assembly despite broader environmental legislative victories. The Climate Corporate Accountability Act, S.B. 260, which would have required mega-corporations doing business in California to disclose certain greenhouse gas emissions, fell four votes short Wednesday of the necessary majority of the 80-member assembly needed for passage. Utah Locals Say Monuments Threaten Their Businesses<https://www.law360.com/environmental/articles/1524600/utah-locals-say-monuments-threaten-their-businesses>, August 26, 2022, A nonprofit group, rancher, miner and Ute Mountain Ute Tribe member have followed up Utah's bid to block President Joe Biden's monument designations in the state with a suit of their own, claiming the monument designations pose the risk of "destroying their livelihoods" if allowed to stand. The BlueRibbon Coalition, which is "dedicated to preserving motorized access to public lands," and others argued in their complaint Thursday against Biden and other federal officials and agencies that his restoration of the Bears Ears and Grand Staircase-Escalante national monuments last year was much broader than the Monuments and Antiquities Act of 1906 allows. Groups Say Coal Ash Rule Pitfalls Hurts Low-Income People<https://www.law360.com/environmental/articles/1524633/groups-say-coal-ash-rule-pitfalls-hurts-low-income-people>, August 26, 2022, The Sierra Club and others sued the U.S. Environmental Protection Agency, saying its failure to regulate inactive landfills containing ash created by coal-fired power plants is putting low-income communities at serious risk of skin and liver cancer and contaminating groundwater. The coalition of green groups, also including the Environmental Integrity Project, on Thursday called for the EPA to revise "inadequate" regulations meant to protect people and the environment from the unsafe disposal of ash generated by coal combustion at coal-fired power plants, saying current rules exclude at least half a billion tons of the dangerous substance held in landfills. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: California PFAS Bills Set To Have Business Impacts<https://www.natlawreview.com/article/california-pfas-bills-set-to-have-business-impacts>, September 6, 2022, This week, California's Governor Newsom is expected to sign into law three major California PFAS bills, each of which will have significant impacts on businesses nationally and globally. Two of the bills would ban products from being sold in the state that contain PFAS in cosmetics and textiles, while the third would require companies to report certain data to the state for any goods sold in or otherwise brought into California that contain PFAS. FDA To Hold Session on Regulation of Animal Foods with Certain Claims<https://www.natlawreview.com/article/fda-to-hold-session-regulation-animal-foods-certain-claims>, August 31, 2022, The FDA's Center for Veterinary Medicine (CVM) announced that it will host a virtual listening session on October 18 regarding the Agency's regulation of animal foods with certain types of claims, such as claims about environmental benefits (e.g., reduced greenhouse emissions), production (e.g., growth promotion, feed efficiency), and effects on the animal microbiome. The FDA is specifically interested in receiving comments on its existing policy, PPM 1240.3605 "Regulating Animal Foods with Drug Claims," to address the following questions: (1) How could the FDA modernize or improve this policy? (2) What challenges are presented by this policy? (3) What additional types of claims or ingredients should the FDA consider in its review of this policy? Climate Change, Environmental Justice, and Process Safety: EPA Proposes Risk Management Program Rule Amendments<https://www.natlawreview.com/article/climate-change-environmental-justice-and-process-safety-epa-proposes-risk-management>, August 29, 2022, The U.S. Environmental Protection Agency (EPA) proposed to further amend its Clean Air Act Risk Management Program (RMP) rules and has released a prepublication version of a Notice of Proposed Rulemaking (NOPR). The NOPR would add requirements to 40 C.F.R. Part 68 that would restore and enhance several of the Obama-era provisions of the RMP program that the Trump Administration EPA rescinded. Should the rule be promulgated as proposed, it would impose explicit requirements for companies to consider the potential for hurricanes, floods, and other natural phenomena as they review and revise their process safety programs, emphasizing potential impacts on environmental justice communities. Texas Identifies Financial Companies Targeted For Divestment Due to "Energy Boycott"<https://www.natlawreview.com/article/texas-identifies-financial-companies-targeted-divestment-due-to-energy-boycott>, August 29, 2022, On August 24, 2022, the Texas Comptroller published a list of ten financial companies (only one of which is U.S.-based) and approximately three hundred and fifty funds that, pursuant to Texas law, all state governmental entities (e.g., the various Texas pension funds) must now divest from. This action follows directly from the law recently passed in Texas, which prohibits Texas government entities from dealing with financial companies that "refus[e] to deal with . . . compan[ies] because the company . . . engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy." In other words, if Texas decides that a financial company is refusing to engage with the oil-and-gas sector, then the Texas state government will prohibit business dealings with that financial company--a variation of a reverse boycott. EPA Issues Fuel Waiver for Four States Impacted by BP Refinery Shutdown<https://www.natlawreview.com/article/epa-issues-fuel-waiver-four-states-impacted-bp-refinery-shutdown>, August 28, 2022, As part of the Federal Government's response to a fire and shutdown at the Bp Whiting Refinery in Whiting, Indiana, U.S. Environmental Protection Agency (EPA) Administrator Michael Regan today issued an emergency fuel waiver to help alleviate fuel shortages in four states whose supply of gasoline has been impacted by the refinery shutdown. EPA has waived the federal regulations and federally enforceable State Implementation Plan requirements for fuel volatility on gasoline sold in Illinois, Indiana, Michigan, and Wisconsin, to facilitate the supply of fuel in these areas. This waiver will continue through September 15, 2022. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: U.S. EPA Offers Roadmap for Environmental Justice-Based Permit Denials<https://www.jdsupra.com/legalnews/u-s-epa-offers-roadmap-for-1444951/>, September 2, 2022, On August 16, 2022, U.S. EPA released its Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (FAQ) that provides guidance to federal, state, and local environmental permitting entities on integrating environmental justice (EJ) and civil rights into relevant environmental permitting decisions. Lilian Dorka, director of U.S. EPA's External Civil Rights Compliance Office (ECRCO), emphasized that the information in the FAQ isn't new and that environmental permitting decisions are always supposed to consider the EJ and civil rights impacts of the permit. Rather, according to Director Dorka, the FAQ is an effort by U.S. EPA to compile existing information on integrating EJ and civil rights into the permitting process into a single document. She also noted that this is an interim document and EPCRO is working on separate guidance document to provide further direction on how permitting entities should consider civil rights in permitting decisions, including Title VI's disparate impact analysis. EPA Proposes Expansion of Risk Management Program Requirements, with Special Emphasis on Petroleum, Coal, and Chemical Manufacturers and Climate Risks<https://www.jdsupra.com/legalnews/epa-proposes-expansion-of-risk-6674790/>, September 2, 2022, The U.S. Environmental Protection Agency ("EPA") has proposed substantial changes to its Risk Management Program ("RMP") regulations aimed at preventing chemical facility accidents, a move that will affect industrial facilities that handle threshold amounts of regulated chemicals. The proposal would reinstate requirements from an Obama administration RMP rule reversed by the Trump administration, as well as impose new requirements going beyond the Obama administration rule. The latest proposal includes new requirements for hazard analysis, including requirements related to considering risks posed by climate change and power loss; third-party auditing; incident investigations and root cause analysis; and public sharing of chemical and process information. This note highlights key elements of the proposed rule. Comments on the proposal must be submitted by October 31, 2022. The Beginning of the End of the Internal Combustion Engine? California to Phase Out Gas-Powered Vehicles by 2035<https://www.jdsupra.com/legalnews/the-beginning-of-the-end-of-the-9926196/>, September 2, 2022, A leader in stringent auto emission regulations, the State of California recently took additional steps in its effort to further protect the environment. On August 25, 2022, the California Air Resources Board ("CARB") voted to require all new cars and light trucks sold in the state to be "zero-emission" by 2035. The plan, officially known as the CARB Advanced Clean Cars II rule, was originally introduced via executive order by Gov. Gavin Newsom nearly two years ago. U.S. Fish and Wildlife Service Agrees to Make Listing Decision on Dunes Sagebrush Lizard<https://www.jdsupra.com/legalnews/u-s-fish-and-wildlife-service-agrees-to-7016883/>, August 29, 2022, On August 25, 2022, the U.S. Fish and Wildlife Service (Service) filed a stipulated settlement agreement (Agreement) in a case challenging the agency's failure to timely make a 12-month finding on a petition to list the dunes sagebrush lizard (Scleroperus arenicolus) (Petition). Under the Agreement, the Service will submit a 12-month finding on the Petition to the Federal Register no later than June 29, 2023. The 12-month finding will determine whether listing the species is warranted (and will simultaneously issue a proposed rule to list the species), whether listing the species is not warranted, or whether listing the species is warranted, but precluded by higher priority actions. 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] [http://clients.bbklaw.net/images/logos/instagram.jpg] <https://www.instagram.com/bbklawfirm/> This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. 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