Dear Section Members, Here is the news roundup from the first half of January. From Law360: Transportation Regulation & Legislation To Watch In 2025<https://www.law360.com/environmental/articles/2259965/transportation-regulation-legislation-to-watch-in-2025> The Trump administration's expected rollback of rules intended to slash vehicle emissions and accelerate electric vehicle adoption, alongside a spate of new tariffs impacting the supply chain, are just some of the transportation industry's top regulatory priorities to watch in 2025. Top Climate Change Policies To Watch in 2025<https://www.law360.com/environmental/articles/2261071/top-climate-change-policies-to-watch-in-2025> The incoming Trump administration is expected to hit the ground running in the New Year to roll back Biden-era rules taking aim at climate change and industries that rely on fossil fuels. Top 4 Climate Change Cases to Watch in 2025<https://www.law360.com/environmental/articles/2261076/top-4-climate-change-cases-to-watch-in-2025> The New Year could see federal appellate courts deciding cases with ramifications for the government's approach to climate change regulations, including U.S. Supreme Court cases on the scope of environmental reviews and municipalities' rights in suing fossil fuel companies. Key Environmental Policies To Watch In 2025<https://www.law360.com/environmental/articles/2266203/key-environmental-policies-to-watch-in-2025> Donald Trump's victory in the 2024 presidential election means that several key environmental policies developed by the Biden administration will be subject to scrutiny and probably revision, if not outright revocation. Energy Cases To Watch In 2025<https://www.law360.com/environmental/articles/2269472/energy-cases-to-watch-in-2025> This year promises to be an action-packed one in the courtroom for the energy industry. In addition to handling fights over energy companies' contributions to climate change, courts are also hearing cases that could reshape the authority of several federal energy regulators and subsequently impact the future of U.S. power development. Top Environmental Cases To Watch In 2025<https://www.law360.com/environmental/articles/2274158/top-environmental-cases-to-watch-in-2025> The new year will likely see several consequential environmental law cases reaching resolution, including a legal attack on a long-used approach to pollution control in Clean Water Act permits and challenges to the Biden administration's environmental justice efforts. The Top 5 High Court Cases To Watch This Spring<https://www.law360.com/environmental/articles/2276147/the-top-5-high-court-cases-to-watch-this-spring> The U.S. Supreme Court justices will return from the winter holidays to tackle major First Amendment questions and several administrative law disputes — all arising from the Fifth Circuit — that could further change how federal agencies promulgate rules and defend them. Ga. County Sues 3M, Daikin To Remove PFAS From Landfill<https://www.law360.com/environmental/articles/2278547/ga-county-sues-3m-daikin-to-remove-pfas-from-landfill> A Georgia county has filed a lawsuit against 3M Co., Daikin America Inc. and several other manufacturers and users of so-called forever chemicals, alleging the sale and use of the toxic chemicals in carpet manufacturing has caused a "public-health crisis" across the northwestern part of the state. Energy Cos. Ask Top Calif. Court To End Climate Change Suits<https://www.law360.com/environmental/articles/2279190/energy-cos-ask-top-calif-court-to-end-climate-change-suits> A half-dozen global energy giants urged California's top court Thursday to review a lower court's decision allowing climate change suits against them to proceed, arguing that California courts don't have jurisdiction over claims stemming from global fossil fuel use. EPA Adds 9 PFAS To Its Toxics Release Inventory List<https://www.law360.com/environmental/articles/2279476/epa-adds-9-pfas-to-its-toxics-release-inventory-list-> The U.S. Environmental Protection Agency added nine so-called forever chemicals to the list of chemicals covered by its Toxics Release Inventory, or TRI, thereby requiring facilities that manufacture such chemicals above set quantities to report the amount they release into the environment. Feds Award Millions To Tribes For Safe Water, Homes, Climate<https://www.law360.com/environmental/articles/2281823/feds-award-millions-to-tribes-for-safe-water-homes-climate-> With a week left in its term, the Biden administration has doled out millions to states and tribal communities throughout the country to boost efforts toward more reliable water sources, to take on housing health and safety hazards and to continue the ongoing battle against climate change. The Firefighting Foam 'Forever Chemicals' MDL: A Snapshot<https://www.law360.com/environmental/articles/2281200/the-firefighting-foam-forever-chemicals-mdl-a-snapshot> Seven years in and with one round of big settlements now completed, sprawling multidistrict litigation over chemical companies' liability for alleged harms caused by exposure to so-called forever chemicals in firefighting foam is moving ahead, with several groups of plaintiffs still to be addressed. SoCal Edison Hit With Flurry Of Suits Over Eaton Fire<https://www.law360.com/environmental/articles/2283493/socal-edison-hit-with-flurry-of-suits-over-eaton-fire> Southern California Edison was hit with multiple lawsuits by Altadena fire victims in California state court Monday, accusing the investor-owned public utility of negligently managing power-line equipment that on Jan. 7 purportedly sparked the Eaton Fire, which has already damaged over 7,000 structures and killed at least 16 individuals. EPA Warns Of Possible Forever Chemical Risk In Fertilizer<https://www.law360.com/environmental/articles/2283890/epa-warns-of-possible-forever-chemical-risk-in-fertilizer> The U.S. Environmental Protection Agency on Tuesday said that forever chemicals present in fertilizers could pose a health risk to people living or working on or near farms, a finding that could result in new regulations. Green Groups Defend EPA's Drinking Water PFAS Rule<https://www.law360.com/environmental/articles/2286100/green-groups-defend-epa-s-drinking-water-pfas-rule> Green groups on Friday asked the D.C. Circuit to uphold the U.S. Environmental Protection Agency's rule setting the first-ever limits for forever chemicals in the nation's drinking water, which is being challenged by water utility associations and chemical industry players. From Law.com: EPA Nominee Zeldin Says Climate Change Is Real, Agency Shouldn't Suffocate Economy<https://www.law.com/nationallawjournal/2025/01/16/-epa-nominee-zeldin-says-climate-change-is-real-agency-shouldnt-suffocate-economy/> “I believe that climate change is real," Lee Zeldin told senators on the Environment and Public Works Committee. He added that environmental policies should not hamper economic growth. From National Law Review: PFAS In Products: ATSDR Cautions NH Residents<https://natlawreview.com/article/pfas-products-atsdr-cautions-nh-residents> At the end of 2021, the Agency for Toxic Substances and Disease Registry (ATSDR) published a report regarding its findings and recommendations for residents in certain areas of Southern New Hampshire with respect to PFAS located found in private wells in the area. Significantly, the ATSDR made comments several times regarding PFAS in products that could act as a source of further PFAS exposure to citizens in the area. The comments are one of the first public comments made by a federal agency that specifies types of consumer goods that may contribute to elevated PFAS levels in humans. We have predicted for some time that PFAS products liability lawsuits will occur in the next few years in ever-increasing numbers. The ATSDR’s latest report, and the statements therein, provide some foundation for these future lawsuits. Consumer goods companies with PFAS concerns must take the time now to assess the scope of the issue and properly adjust business practices as necessary to mitigate risk. PFAS Personal Injury Lawsuits: Warning Bells for Users of PFAS<https://natlawreview.com/article/pfas-personal-injury-lawsuits-warning-bells-users-pfas> Two recent PFAS personal injury lawsuits have grabbed headlines, as the plaintiffs in the respective lawsuits allege that they developed cancer from public drinking water supplies that were contaminated with PFAS. These are not the only examples of such lawsuits, and while the cases to date target PFAS manufacturers, AFFF manufacturers, the cases are notable because of the allegations that drinking water caused the plaintiffs’ cancers and also, in one lawsuit, that one of the named defendants is a public water utility. PFAS: A New Four-Letter Word in Environmental Law? Updates from 2024 and Predictions for 2025<https://natlawreview.com/article/pfas-new-four-letter-word-environmental-law-updates-2024-and-predictions-2025> The final year of the Biden administration saw several significant developments related to the regulation of per- and polyfluoroalkyl substances, more commonly known as PFAS. These developments included the U.S. Environmental Protection Agency’s designation of the two most common PFAS compounds as hazardous substances under federal cleanup laws and its limitation of six PFAS compounds under federal drinking water regulations, among others. The past year also saw a growing number of PFAS-related lawsuits, which are currently in various stages of litigation. What could happen to all these developments in 2025? Can the Trump administration change these rules and policies? What about the numerous PFAS related lawsuits that have been filed in the past year? This update takes a look at some of the more significant PFAS-related developments from the past year and considers what might happen in 2025 and beyond. PFAS Sewer Sludge Risks Exist Says EPA…But Will It Matter After Today?<https://natlawreview.com/article/pfas-sewer-sludge-risks-exist-says-epabut-will-it-matter-after-today> Last week, there was significant news in the PFAS realm when the EPA announced its long-awaited draft risk assessment with respect to PFOA and PFOS in sewer sludge from two popular methods of disposing of such sludge – landfilling and land application. Although the draft risk assessment is now set for public comment, the new EPA under the Trump administration will have to determine what to do with the risk assessment findings after the comment period ends. Options of course range from utilizing the risk assessment to create enforceable regulations to…..nothing at all. Given the push already for renewed efforts to create CERCLA exemptions for certain industries, including wastewater treatment facilities, my view is that while neither option on the ends of the possibility spectrum will be the resulting action of the new EPA, the EPA’s actions will not favor a rush to create regulations. Wendy Wang Partner wendy.wang@bbklaw.com T: (213) 787-2554 bbklaw.com|