Focus
U.S. Supreme Court leans toward limiting scope of Clean Water Act
U.S. News & World Report – October 3
U.S. Supreme Court justices on October 3 appeared open to limiting the reach of the U.S. Environmental Protection Agency’s (EPA) authority to protect wetlands from pollution under the 1972 federal Clean Water Act (CWA), but not go so far as to rule that EPA could never police wetlands like swamps, marshes, and berms that are near but not connected to regulated waters. At issue in this matter is what test courts should use to ascertain what constitutes “waters of the United States” under the CWA. The answer will help determine whether wetlands adjacent to navigable waters fall within the EPA’s purview, which could subject the property to regulation and require the owners to obtain federal permits to carry out construction. The ruling, expected by the end of June 2023, will have broad implications for the applicability and enforcement of the CWA by agencies and citizen groups.
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News
Governor Newsom signs ban on ‘forever chemicals’ in cosmetics and clothes, but vetoes tracking program
The Hill – September 30
Governor Gavin Newsom last Thursday signed two “first in the nation” bills that will ban certain cancer-linked per- and polyfluoroalkyl substances (PFAS) from cosmetic products and textiles in the state beginning in 2025. However, Governor Newsom vetoed a third bill that would have created a publicly accessible database of consumer items that contain these toxic compounds. The first bill signed into law, Assembly Bill 2771, will prohibit the manufacture, sale, and delivery of cosmetic products that contain PFAS. The second bill, Assembly Bill 1817, will bar the manufacture, distribution, and sale of “any new, not previously owned” textiles that contain PFAS, with a few exceptions. The bill will also require manufacturers to provide a certificate of compliance indicating that their products do not contain PFAS.
California water agencies float Colorado River water cuts proposal
Associated Press – October 6
California water agencies that rely on the parched Colorado River said on October 5 they can reduce their use by one-tenth starting in 2023 in response to calls for cuts from the federal government. The agencies, which supply water to farmers and millions of people in Southern California, laid out their proposal in a letter to the U.S. Department of the Interior. It comes as drought exacerbated by climate change continues to diminish the river, and months after the U.S. Bureau of Reclamation first called on users to voluntarily limit their reliance on its water. California, which shares the river’s water with six other states, tribes, and Mexico, has rights to the single largest share and is the last to lose water in times of shortage.
Amplify Energy obtains federal approval to repair pipeline linked to 2021 oil spill
The Orange County Register – October 3
An underwater pipeline that ruptured last year and led to a 25,000-gallon oil spill off the coast of Orange County soon could be repaired, paving the way for local offshore drilling to resume early next year. The U.S. Army Corps of Engineers said on September 30 that it will let the pipeline’s owner, Amplify Energy, remove and replace the damaged portion of pipe from the ocean floor, a spot about 160 feet deep and roughly five miles off shore. If the repairs pass federal inspections – including stress tests aimed at preventing future ruptures – Amplify said it hopes to bring its San Pedro Bay operations back online during the first quarter of 2023.
San Francisco, EPA in dispute over Hunters Point Shipyard radiation cleanup
NBC Bay Area – October 5
When San Francisco gets control of the old Hunters Point Shipyard, some of the soil might still contain lingering levels of radiation even though voters in the city passed a measure demanding a full cleanup. The Shipyard has been slated for a sizable development for decades, but first the Navy had to address contamination from years of sandblasting of ships and use of radioactive materials. In a memo from the U.S. EPA, the agency overseeing the Navy’s cleanup effort, a top official signaled the Navy may be allowed to stop short of what the city considers “full cleanup.” With a new round of testing underway, the city soon will have to decide whether to accept the land if it is in less than pristine condition.
U.S. Fish and Wildlife Service proposes protections for California’s longfin smelt
E&E News – October 6
The U.S. Fish and Wildlife Service (FWS) proposed federal Endangered Species Act protections on October 6 for a crucial population of the longfin smelt, an unassuming California fish that has pit farmers against environmentalists and could end up redirecting the future course of the state’s water. Reversing earlier calls made during both the Obama and Trump administrations, FWS said the San Francisco Bay-Delta distinct population segment of longfin smelt should be added to the list of endangered species. The agency added that the species’ decline was “three to four orders of magnitude over the course of available historical abundance records.”
Sonoma County Board of Supervisors approves temporary halt in new wells
The Press Democrat – October 4
The Sonoma County Board of Supervisors has imposed a six-month halt in all new wells countywide, a far-reaching move likely to impact residential and commercial property owners seeking to tap groundwater during a historic drought. The immediate drilling moratorium, which offers only a narrow exemption for emergency water needs, is meant to give the county more time to draw up a new set of well regulations aimed to safeguard surface and subsurface flows in the county’s major watersheds.
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