Focus

Federal government moves to weaken fuel economy standards adopted during Obama Administration

Los Angeles Times – March 31

The U.S. Environmental Protection Agency and the U.S. Department of Transportation this Tuesday released new fuel efficiency standards for cars and trucks, replacing stringent regulations enacted in 2012 and rolling back one of the nation’s most aggressive efforts to combat climate change. The rule requires automakers to increase fuel economy across their fleets by 1.5 percent per year, with a goal of achieving an average of about 40 miles per gallon (mpg) by 2026, far less stringent than the current rules, which mandate annual increases of 5 percent, reaching an average of 54 mpg by 2025. Environmental groups, and states with stricter standards, led by California, have already said they plan to challenge the new rules. The federal government last year moved to strip California of the right to set its own tougher vehicle emissions rules—which multiple auto manufacturers have already agreed to—with litigation over that issue not likely to be resolved until 2021 at the earliest.

News

Federal court upholds repeal of 2015 hydraulic fracturing regulations

The Hill – March 27

Judge Haywood S. Gilliam Jr. of the U.S. District Court for the Northern California last Friday upheld the Bureau of Land Management’s (BLM) decision to repeal a 2015 rule that established standards for hydraulic fracturing, also known as “fracking,” on federal land. The rule, which never went into effect and was overturned in 2016, would have required companies to disclose the chemicals they use in fracking, to cover surface ponds that contain fluids used in the drilling procedure, and to set well construction standards. California and several environmental groups challenged the repeal, alleging that the federal government was in violation of the Administrative Procedures Act and the National Environmental Policy Act. In upholding BLM’s decision, the court rejected the plaintiffs’ arguments that BLM arbitrarily ignored foregone benefits and arbitrarily overvalued the costs associated with the 2015 rule.

Monsanto must face trial in Port of San Diego’s public nuisance case

Courthouse News Service – March 27

Judge William Hayes of the U.S. District Court for the Southern District of California last Thursday denied a motion by Monsanto Company for summary judgment in an action brought by the Port of San Diego (Port) in 2015 for sediment contamination in San Diego Bay. The Port alleges that Monsanto created a nuisance by improperly instructing users of products containing its polychlorinated biphenyls (PCBs), such as coolants and lubricants, to dispose of the chemicals in local landfills, which resulted in the discharge of PCBs into the San Diego Bay. Efforts to clean up PCBs in the Bay have been underway since 1986. Judge Hayes will determine at trial likely late this year whether Monsanto should be responsible for funding the cleanup of PCBs in San Diego Bay.

U.S. Fish and Wildlife rejects endangered species protections for California, Nevada sage grouse

Desert Sun – March 30

The U.S. Fish and Wildlife Service (USFWS) this Tuesday announced its plans to withdraw a proposed rule that would have granted protections under the federal Endangered Species Act to sage grouse populations in California and Nevada. The species has been at the center of Western land conservation agreements for years, as the loss of its habitat has shrunk its populations. USFWS hailed the decision as evidence of successful conservation, while environmental groups argued that voluntary efforts were insufficient without the enforceable protection of a listing. The decision impacts the 3,305 known bi-state greater sage grouse, spread among six populations across 4.5 million acres of high desert along the California-Nevada border.

California’s new delta water rules do not end conflict with federal government

Los Angeles Times – March 31

The California Department of Fish and Wildlife (CDFW) on Tuesday issued controversial new rules under the California Endangered Species Act in response to the federal government rollback of endangered species protections in the San Francisco Bay Delta, which serves as the hub of California’s water-supply system. The rules take the form of a permit that will govern State Water Project deliveries from the Sacramento-San Joaquin Delta, a key water source for much of California, but which will not control operations of the U.S. Bureau of Reclamation’s Central Valley Project, which exports delta water to San Joaquin Valley farms. The result is that the delta’s two big government pumping operations will likely adhere to different environmental standards — possibly allowing the federal project to boost deliveries at the expense of the state project. State officials said they are hoping to resolve the conflict through continuing talks with federal water managers.