Dear Section Members, Here is the news roundup. On Law 360<https://www.law360.com/environmental/news?page=1>: EPA Can't Direct US Power Sector Shift, Justices Told<https://www.law360.com/environmental/articles/1448247/epa-can-t-direct-us-power-sector-shift-justices-told>, December 13, 2021, The U.S. Environmental Protection Agency can't use a lone Clean Air Act provision to orchestrate a sweeping transformation of the U.S. power sector because Congress never gave the agency that authority, the U.S. Supreme Court was told in briefs filed Monday. The justices are reviewing the D.C. Circuit's decision to strike down the Trump administration's move to roll back Obama-era greenhouse gas emissions standards for existing power plants and replace those standards with new ones. Republican-led states and coal industry groups that are urging the high court to reverse the circuit court took their opening shots Monday. California Urges High Court To Uphold Pig Care Law<https://www.law360.com/environmental/articles/1447001/california-urges-high-court-to-uphold-pig-care-law>, December 8, 2021, California on Wednesday asked the U.S. Supreme Court to reject agriculture groups' effort to overturn lower courts' decisions that upheld a state ballot initiative that banned in-state sales of pork born from sows kept in confined housing. The Ninth Circuit and a federal district court have sided with the Golden State on the matter, over the objections of the National Pork Producers Council and American Farm Bureau Federation. The two groups have argued to the high court in a petition for writ of certiorari that Proposition 12 illegally imposes most of the costs of compliance on out-of-state farmers, in violation of the Constitution's dormant commerce clause. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: New York Becomes the Third State to Adopt a Constitutional Green Amendment<https://www.natlawreview.com/article/new-york-becomes-third-state-to-adopt-constitutional-green-amendment>, December 10, 2021, On November 2, 2021, New York State voters passed a ballot measure enshrining in the State Constitution the right to a "healthful environment." The new "green amendment" or "Environmental Rights Amendment" (ERA) places New York alongside six other states with similar provisions in their state constitutions, while several others have considered green amendments. These amendments may introduce new avenues for those aiming to enforce environmental laws in anticipation of harm and may invite novel environmental protection litigation claims. President Biden Signs Executive Order, Federal Government to Procure More Than 10 Gigawatts of Renewable Energy by 2030<https://www.natlawreview.com/article/president-biden-signs-executive-order-federal-government-to-procure-more-10>, December 9, 2021, On December 8, 2021, US President Joe Biden signed an executive order that directs the federal government to become carbon neutral by 2050. Due to the procurement power of the federal government, this executive order aims to transform clean energy markets while achieving ambitious climate goals. Proposed Changes to Produce Safety Rule's Agricultural Water Requirements<https://www.natlawreview.com/article/proposed-changes-to-produce-safety-rule-s-agricultural-water-requirements>, December 6, 2021, FDA's Produce Safety Rule (PSR), finalized in 2015 under the Food Safety Modernization Act (FSMA), established "Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption," including requirements applicable to agricultural water using a direct application method during growing activities (commonly referred to as ''pre-harvest agricultural water''). As we have discussed, FDA was criticized, following foodborne illness outbreaks linked to lettuce, for extending the compliance dates for the agricultural water requirements applicable to covered produce (other than sprouts) until January 26, 2022 for the largest farms, and one or two years later for small and very small farms, respectively. Landmark Wildlife Whistleblower Bill Reintroduced<https://www.natlawreview.com/article/landmark-wildlife-whistleblower-bill-reintroduced>, December 3, 2021, On November 19, the Wildlife Conservation & Anti-Trafficking Act was reintroduced. This groundbreaking bipartisan legislation is aimed at making it easier to catch and prosecute poachers, traffickers, and those involved in the global trade of illegal wildlife and seafood products. It was introduced by Representatives Don Young (R- AK) and John Garamendi (D-CA). On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: US Auto Industry Focuses on Strategic Investments as World Eyes Future of EVs<https://www.jdsupra.com/legalnews/us-auto-industry-focuses-on-strategic-8404207/>, December 14, 2021, As the rise of electric vehicles continues, many countries and industries have been pushing to get ahead of the demand for batteries, microchips, and other key components in these vehicles. In the US, automakers and suppliers have begun expanding battery capabilities, with major announcements continuing this week. A Dry 2021 in California Prompts Water Conservation Response<https://www.jdsupra.com/legalnews/fincen-issues-notice-on-environmental-5930468/>, December 14, 2021, This year has been critically dry and hot for California, resulting in déjà vu as the federal and state governments reinstituted drought conservation measures not seen since former California Governor Jerry Brown declared an end to the last drought in 2017. This blog post summarizes the key federal and state actions that have been taken to address California's drought over the past year, along with potential implications for 2022. Green Leases Unite Landlords and Tenants to Lower a Building's Carbon Footprint<https://www.jdsupra.com/legalnews/green-leases-unite-landlords-and-2666216/>, December 13, 2021, A green commercial building benefits not only the environment, but landlords and tenants. The promises of lower utility costs, better indoor air quality, higher property value, improved employee morale, and good will that go along with aiding the planet have pushed so-called green leases toward the mainstream. In the wake of the COVID-19 pandemic, which has frequently pitted commercial landlords and tenants against one another as the demand for commercial space has teetered, green leases have the potential to unite tenants and landlords toward a common goal of making their space more sustainable. Petition to Revoke Food Tolerances and Cancel Registrations for Organophosphate Pesticides Filed<https://www.jdsupra.com/legalnews/petition-to-revoke-food-tolerances-and-6681582/>, December 9, 2021, On November 18, 2021, the United Farm Workers and several other non-governmental organizations (NGO) filed a petition with the U.S. Environmental Protection Agency (EPA) to revoke all food tolerances and cancel registrations for organophosphate (OP) pesticides (Petition). The Petition was filed pursuant to the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. Section 346a(d), the Administrative Procedure Act (APA), 5 U.S.C. Section 551, and the First Amendment Constitutional Right to Petition. CASAC Signals that a Lower PM2.5 NAAQS Is On the Way; It Can't Come Too Soon<https://www.jdsupra.com/legalnews/casac-signals-that-a-lower-pm2-5-naaqs-8710751/>, December 8, 2021, The momentum continues to build for a more stringent National Ambient Air Quality Standard for PM2.5. In June, EPA announced it would revisit the Trump Administration's decision to keep the PM2.5 NAAQS at 12 ug/m3. In early October, EPA staff released a supplement to its assessment of the PM2.5 NAAQS. That supplement also supported a more stringent standard. Natural Gas Processors to Report to EPA's Toxic Release Inventory Beginning 2023<https://www.jdsupra.com/legalnews/natural-gas-processors-to-report-to-epa-9956855/>, December 6, 2021, In a final rule published in the Federal Register on November 24, the Environmental Protection Agency (EPA) quietly finalized a hotly contested proposed rule, adding natural gas processing facilities to the list of industry sectors required to report their releases of certain chemicals under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as the Toxic Release Inventory (TRI). Facilities must report releases and waste management of specifically listed chemicals to the TRI if they: (1) have 10 or more full-time employees, (2) have a primary Standard Industrial Classification (SIC) or North American Industry Classification System (NAICS) code listed in the regulations, and (3) manufacture, process, or otherwise use certain listed chemicals in the course of a calendar year in quantities exceeding identified thresholds. Environmental Justice: EPA's New Focus in Inspection and Enforcement<https://www.jdsupra.com/legalnews/environmental-justice-epa-s-new-focus-4686134/>, December 3, 2021, If regulated parties don't yet know if they are operating in an Environmental Justice (EJ) community, they should find out quickly. The Environmental Protection Agency (EPA) has an online tool, EJSCREEN, that can identify EJ communities across the country by address. Because the EPA has promised to deliver "measurable" results, you can expect EPA to start focusing its state oversight and direct inspection and enforcement efforts in EJ communities to achieve those results. Further, enforcement actions in EJ communities will likely include requirements for enhanced community outreach and input on company operations. The regulated community should be prepared for EPA to initiate outreach to community groups in EJ communities as part of their assessment of the company's performance. Further, because state implementation of federal programs is reviewable by EPA, they can try to compel states to take similar steps. Please tell us if you have any questions or comments. Have a safe and happy Holidays. 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