California Environmental Law & Policy Update 10.20.23

Allen Matkins
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Updates on California water law: New legislation and regulations

Bullet Allen Matkins – October 18

The California 2023 Legislative Session ended on September 14, 2023 and presented Governor Gavin Newsom with several important changes to California’s water-related statutes. Newsom had until October 14, 2023 to sign all bills into law. In addition, the State Water Resources Control Board (State Board) recently issued revised regulations concerning water rights reporting requirements and deadlines. Allen Matkins highlights key water legislation approved by Newsom, as well as the State Board’s new reporting requirements here.


News

U.S. says lead emissions from small piston-engine aircraft pose public health danger

Bullet Reuters – October 18

Following years of study, the U.S. Environmental Protection Agency (EPA) on Wednesday issued a final determination declaring that emissions from aircraft that use leaded fuel pose a danger to public health. Such aircraft are typically small piston-engine planes that carry between two and ten passengers and are about 45 to 47 years old. Larger commercial aircraft use jet fuel, which does not contain lead. Childhood exposure to lead can cause irreversible and life-long health effects, EPA said. According to U.S. government estimates, emissions from 190,000 privately owned airplanes in the United States operating on leaded fuel account for about 70% of the lead entering the atmosphere.


California mandates coastal cities plan for future sea-level rise

Bullet KQED – October 18

For the first time in California history, all coastal cities must plan for sea-level rise, a looming climate impact yet to be fully experienced. The new law — SB 272 — requires both big cities and small towns bordering coastal bays and the ocean to develop strategies and recommend projects by 2034 to address future sea-level rise. The law requires local governments to create sea-level rise plans based on the best available science, conduct vulnerability assessments — including for at-risk communities, determine adaptation strategies, and sketch out a list of recommended projects with timelines.


California cracks down on ‘forever chemicals,’ or PFAS, found in food packaging

Bullet Los Angeles Daily News – October 17

California Attorney General Rob Bonta hosted a press conference on Tuesday to warn companies of their responsibility to disclose the presence of PFAS under Assembly Bill 1200, a recently enacted law that restricts the presence of PFAS in food packaging and imposes labeling disclosure requirements for cookware. Bonta issued a letter to manufacturers, distributors, and sellers of food packaging and cookware, alerting them that they must adhere to the new requirements. He also issued a consumer alert with tips for reducing exposure to PFAS, which are widely used in everyday products including food packaging, cookware, clothing, carpets, shoes, fabrics, polishes, waxes, paints, and cleaners.


Republican AGs, industry ask for emergency Supreme Court stay of federal smog rule

Bullet The Hill – October 18

A coalition of Republican attorneys general on Wednesday asked the U.S. Supreme Court to stay the federal “Good Neighbor” interstate smog rule, which regulates the flow of air pollution across state lines from 24 upwind states, while they appeal an unfavorable ruling by the U.S. Court of Appeals for the District of Columbia Circuit. In September, a three-judge panel of the D.C. Circuit refused to stay the Good Neighbor Rule, writing that the plaintiffs “have not satisfied the stringent requirements for a stay pending court review.”


EPA clears California’s rules for ships to eliminate at-berth emissions

Bullet The Maritime Executive – October 18

A divisive regulation aimed at compelling ocean-going vessels to plug into shore power at California’s busy ports is set to take effect over the next 30 days. In a major win for the California Air Resources Board, EPA approved the At-Berth Regulation, adopted in 2020, which adds auto carriers and tankers as well as additional ports and marine terminals to the emissions control requirements. The rule was originally slated to go into effect at the beginning of this year, but implementation has faced opposition, including threats of lawsuits by the shipping industry.


Biologist asks judge to limit California dam’s impact on endangered salmon

Bullet Courthouse News Service – October 17

A Northern California fisheries biologist on Tuesday asked a federal judge in the Northern District of California to order changes to flood control procedures at Coyote Valley Dam, claiming the operations violate the Endangered Species Act by jeopardizing salmon populations due to stirred-up sediment abrading and clogging gills, and indirectly causing reduced feeding, avoidance reactions, destruction of food supplies, reduced egg and alevin survival, and changed rearing habitat. Although the ruling on the requested preliminary injunction is forthcoming, U.S. District Judge Jacqueline Scott Corley said from the bench that there was no evidence the dam had released water unnecessarily in the past, and that, without concrete data, she could not issue an order recommending any of the changes requested.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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