California Environmental Law & Policy Update - July 2016

by Allen Matkins
Contact

Environmental and Policy Focus

Judge invalidates long-fought Delta management plan

Sacramento Bee - Jun 24 In a decision that could delay or complicate Governor Jerry Brown’s plan to build two huge tunnels in the Sacramento-San Joaquin Delta, Sacramento Superior Court Judge Michael P. Kenny ruled last Friday that the Delta Plan, a comprehensive management plan for the estuary, is no longer valid. Judge Kenny ruled that the entire plan must be “set aside” until the Delta Stewardship Council corrects the plan’s failure “to promote options for water conveyance and storage systems” in the Delta other than the tunnels project and to “include quantified or otherwise measurable targets associated with achieving reduced Delta reliance” for the state’s water supply. State officials say they plan to appeal. With the plan in flux and an appeals process underway, the already lengthy approval process for the Delta tunnels could face significant delays. The ruling also could hinder habitat restoration work and development protections that the plan calls for to shore up the Delta’s declining ecosystem, said Keith Coolidge, a spokesman for the Delta Stewardship Council.

Oakland bans coal shipments in a blow to planned export facility

Los Angeles Times - Jun 28 Oakland city leaders voted this Monday to ban the storage and handling of coal within city limits, dealing a blow to developer Phillip Tagami's effort to build what would be the largest coal export terminal in California on the San Francisco Bay adjacent to the Bay Bridge. Under city policy, the ban will not receive final approval unless it is passed in a second vote, to be held July 19. Supporters of a ban cited studies showing pollution risks, including to industrial West Oakland, which already suffers from severe rates of child asthma, cancer, and other pollution-related disease, and also claimed the ban would limit the burning of fossil fuels in Asia, the intended market for the coal. Opponents said environmental concerns were overstated and that the terminal would bring much-needed jobs to a struggling, heavily African American community. A lawyer for Tagami’s company, California Capital and Investment Group, said in a letter that the company would appeal the ban if approved. 

New study finds California has three times more groundwater supply than previously thought

San Jose Mercury News - Jun 28 A new Stanford study published on Monday contains the most detailed picture yet of the vast aquifers that exist under California, estimating that 2,700 cubic kilometers of fresh groundwater lie beneath the Central Valley, nearly triple previous estimates. Using a public database of California's oil and gas wells to map the aquifers, Stanford researchers were able to examine underground water at levels more than five times deeper than had previously been studied. However, water experts not involved in the study claim this is not a new source but water of very low, nonpotable quality that may not be economically or environmentally feasible to extract.

California nets $1.2 billion of VW settlement

Courthouse News Service - Jun 28 California received a larger slice of the Volkswagen emissions cheating settlement due to its higher air quality standards and role as the first state to uncover the German automaker's deceit, state officials said this Tuesday. Of the $14.7 billion nationwide settlement, California will receive nearly $1.2 billion to invest in the state's zero-emissions vehicle program, replacement of old equipment and reduction of nitrogen oxide emissions. About 71,000 Californians purchased diesel Volkswagen vehicles equipped with defeat devices. If Volkswagen fails to buy back or modify at least 85 percent of affected vehicles within two years, it must pay California an extra $13 million for each percentage point it comes up short. The deal does not foreclose the possibility that Volkswagen will face criminal charges for misleading American consumers and regulators.

Shasta water release plan has no cutbacks to farmers – for now

Sacramento Bee - Jun 29 The National Marine Fisheries Service and U.S. Fish and Wildlife Service announced a plan this Wednesday for operating Shasta Dam that stays the course for giving farmers more water deliveries than in recent years, following weeks of uncertainty and pressure from members of Congress. For more than a month, federal agencies have debated over how to manage water releases from California’s largest reservoir this summer, balancing the needs of California farms and two endangered fish species. Federal fisheries officials had been weighing whether to hold back substantial volumes of water at Shasta Lake into the summer to protect juvenile winter-run Chinook salmon. A companion proposal called for letting more water flow to the Pacific Ocean through the Sacramento-San Joaquin Delta during summer for the benefit of the Delta smelt. Both plans met with forceful opposition from Central Valley farmers, who rely heavily on Shasta water deliveries for irrigation. The Shasta operating plan must now be approved by the State Water Resources Control Board.

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.

© Allen Matkins | Attorney Advertising

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.