California Environmental Law & Policy Update - 6.30.23

Allen Matkins
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$52 million in new funding to restore health of San Francisco Bay

Bullet The Mercury News – June 28

Federal officials on Wednesday announced $52 million in new funding for the U.S. Environmental Protection Agency (EPA) to perform two dozen projects around San Francisco Bay to restore wildlife, expand wetlands, and reduce the amount of trash and other pollutants going into the bay. The projects include restoring marshes in the East Bay and removing 1,000 old creosote-treated timber pilings along the Richmond waterfront. The funding, approved by Congress, is a sharp increase from the past 20 years when federal spending for such San Francisco Bay projects has averaged about $5 million per year.


News

Joshua trees win permanent protection through California budget trailer bill

Bullet Desert Sun – June 27

California lawmakers passed the Western Joshua Tree Conservation Act on Tuesday as part of the state budget agreement, which also includes $5 million for environmental organizations to participate in conservation efforts for the species. Governor Gavin Newsom is expected to sign the budget agreement this week. As a candidate for listing under the California Endangered Species Act, the tree has received the same protections as a state-listed endangered or threatened species. These protections will remain under the new law, but with the addition of streamlined permitting mechanisms for new housing, renewable energy developments, and other projects, in exchange for the payment of mitigation funds that will be used to acquire habitat for the iconic trees elsewhere.


San Diego County declares state of emergency over cross-border water pollution

Bullet NBC 7 San Diego – June 27

San Diego County supervisors unanimously approved a proclamation Tuesday declaring a state of emergency due to pollution and sewage flowing across the U.S.-Mexico border. The proclamation asks Governor Gavin Newsom and President Joe Biden to issue similar declarations, “suspend red tape that may hinder response efforts, and expedite access to federal resources for San Diego County.” Supervisors directed the chief administrative officer to report back within 120 days with a review of economic impacts resulting from U.S.-Mexico border transboundary pollution and to pursue available federal and state funding.


EPA settles Clean Water Act violations with Swire and MMS shipping companies

Bullet The Maritime Executive – June 28

EPA settled the latest in a series of cases citing shipping companies for violations of the Clean Water Act. The two latest cases involving Singapore-based Swire Shipping and Japan-based MMS Co., part of the Meiji Shipping Co. group, resulted in a total of $337,000 in fines for incidents as close to home as California ports and as far away as the Port of Pago Pago in American Samoa. The alleged violations include failing to meet ballast water limitations for biological indicators and biocide residuals in discharges at U.S. ports, including the Port of Richmond in California.

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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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