California Environmental Law and Policy Update - November 19, 2013

by Allen Matkins
Contact

Environmental and Policy Focus

California Court Upholds State's Authority to Sell Carbon Allowances at Auction

Reuter's - Nov 14

The California Air Resources Board (ARB) can sell carbon emission allowances at quarterly auctions as part of the state's cap-and-trade program, a state court ruled in a decision released on Thursday, in a setback to businesses that argued that the sales constitute an illegal tax. The California Chamber of Commerce and tomato processor Morning Star sued to stop the sales last year, arguing that the allowances should be distributed freely to companies covered by the program. They argued that charging companies for the allowances at auction constituted the exaction of a tax that could only be imposed by a supermajority vote by the legislature. California's landmark emissions reduction law, AB 32, passed by a simple majority vote in 2006. California Superior Court Judge Timothy M. Frawley did not find the argument persuasive, holding: "Although AB 32 does not explicitly authorize the sale of allowances, it specifically delegates to ARB the discretion to adopt a cap-and-trade program and to ‘design' a system of distribution of emissions allowances."

Obama Administration Nominates Leader in Solar Energy Development to Head Bureau of Land Management

KCET News - Nov 8

The White House has announced its choice for the new head of the Bureau of Land Management, and the nomination may signal an intent to continue the aggressive development of renewable energy facilities on public lands that has characterized the Obama administration's energy policy over last five years. Nominee Neil Kornze, who has been BLM's Principal Deputy Director and Acting Director since March, was a main architect of the Administration's public lands solar policy during his tenure as Acting Deputy Director for Policy and Programs from October 2011 through March 2013. He played a major role in developing the Programmatic Environmental Impact Statement (PEIS) for solar development in six southwestern states, the cornerstone of the administration's renewable energy policy also known as the Western Solar Plan. The Plan established 445 square miles of Solar Energy Zones where solar energy development would be encouraged, along with almost 30,000 square miles of "variance" lands which would also be opened up for solar development. Most of the area designated as Solar Energy Zones is in California, with more than half the total -- 231 square miles -- in Riverside County.

Federal Judge Upholds Stocking of California Lakes With Non-Native Fish

CourtHouse News - Nov 8

The government can continue stocking California lakes with non-native fish, a federal judge ruled, dismissing a lawsuit brought by environmentalists. Wilderness Watch and Felice Pace, a fisherman from Del Norte County, had sued the California Department of Fish and Game (since renamed the Department of Fish and Wildlife) and two of its officials last year, claiming that they were polluting lakes by illegally jettisoning fish from airplanes and by packstock, or "oxygenated plastic bags," without permits. The Clean Water Act regulates the discharge of pollutants, which include chemicals, wastes, and biological materials, that could compromise the integrity of a waterbody, by requiring permits issued under the National Pollutant Discharge Elimination System. Wilderness Watch and Pace claimed that non-native fish qualify as "pollutants" because they change the lakes' chemical and physical structures. In addition to altering nutrient cycles and food webs, they urged that newly added fish could spread disease and increase competition with native fish for food sources. In a motion to dismiss, the Department and its co-defendants argued that their stocking practices are lawful under the Clean Water Act because fish do not quality as biological materials. U.S. District Judge William Orrick agreed and dismissed the suit without the right to re-file it.

Navy Takes Aim at California Sea Otters

KCET News - Nov 11

A Defense Authorization bill now on the floor of the U.S. Senate would exempt the Navy from environmental laws protecting California's southern sea otter population, prompting environmental groups to urge that the language be stripped from the bill. The bill, expected to reach a floor vote in late November, would exempt the Navy from provisions of the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA) in two newly-declared "Southern Sea Otter Military Readiness Areas" along the Ventura and San Diego coasts, sharply reducing the level of protection the otters enjoy. The southern sea otter is listed as "threatened" under the ESA.

 

Written by:

Allen Matkins
Contact
more
less

Allen Matkins on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.