California Environmental Law & Policy Update - 5.05.23 #1

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Supreme Court agrees to hear case that could curb power of federal agencies

Bullet CBS News – May 1

The U.S. Supreme Court said Monday that it will take up a dispute between the Biden administration and commercial fishing companies that presents the Court with a chance to overrule its decision in Chevron v. National Resources Defense Council, a 1984 holding that requires federal courts to defer to a federal agency's reasonable interpretation of statutes and regulations when they are ambiguous. At least two of the current justices, Clarence Thomas and Neil Gorsuch, have been critical of the Chevron doctrine, and a growing number of conservatives believe the decision grants agencies too much power and has led to regulatory overreach.


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CARB votes to scale down fleets of diesel trucks

Bullet KQED – April 28

The California Air Resources Board (CARB) approved an ambitious plan last Friday to phase out diesel truck fleets, from semi-trucks to delivery vans and garbage trucks, despite the opposition of industry groups who said the plan would be nearly impossible for them to implement. The new regulations are meant to accelerate the use of zero-emission medium- and heavy-duty trucks in California within the next two decades, and will require the electrification by 2035 of highly polluting drayage trucks that transport shipping containers from ports and rail yards.


Biden administration proposes water quality standards for tribes

Bullet The Hill – May 3

The U.S. Environmental Protection Agency (EPA) on Wednesday proposed baseline water quality standards for tribal waters, which the agency said would protect more than 500,000 people who live on reservations. According to EPA, most tribes don’t currently have water quality standards applicable to their reservations. The proposal would bring these waters in line with others that are regulated by the federal government. The standards would set maximum pollution levels for 76,000 miles of rivers and streams and 1.9 million acres of lakes, reservoirs, and other surface waters.


Ninth Circuit drains $48 million judgment over city’s polluted water supply

Bullet Courthouse News Service – April 28

A unanimous Ninth Circuit panel ruled last Friday that there is not sufficient evidence to support a $48 million award in favor of the city of Pomona in its water pollution lawsuit against SQM North America, the U.S. subsidiary of a Chilean fertilizer manufacturer. The lawsuit alleges that SQM North America’s sodium nitrate fertilizer used in citrus orchards around Pomona between the 1930s and 1950s contaminated the city's drinking water system with perchlorate. Pomona sought $30 million in damages, which was the amount Pomona’s expert testified would be needed to clean up the perchlorate. While the appellate panel determined that the evidence supports SQM North America's liability in causing the pollution and that Pomona should at least receive $30.2 million to clean up the perchlorate caused by the company's fertilizer, it ordered the lower court to re-evaluate the evidence and make a new determination for the appropriate amount of money Pomona should be awarded.


Hundreds of gas plants could escape EPA climate rules

Bullet E&E News – May 3

EPA is expected to propose power plant rules next week that would regulate carbon emissions at existing coal and gas facilities for the first time. The rules are expected to treat so-called peaker plants — which provide backup power to the grid — differently from baseload units, according to people who have been briefed by EPA. Peaker plants are often located in urban areas, raising concern among some environmental advocates that the agency’s climate rules on power plants could lead to increased pollution in low-income communities.


Bi-state sage grouse considered for threatened status, again

Bullet Associated Press – April 28

For the third time in a decade, federal wildlife officials are contemplating whether the bi-state sage grouse deserves protection under the Endangered Species Act. The U.S. Fish and Wildlife Service said in its formal notice published last Thursday that it will be initiating a fresh review after a federal judge ruled in May 2022 that the Trump administration acted illegally when it withdrew the most recent proposal to list the species as threatened. The hen-sized flightless bird can be found in the high desert along the Sierra Nevada’s eastern front in Nevada and California. A formal listing could bring restrictions on development, as well as prevent livestock and off-road vehicles from entering the bird’s habitat.


Soil testing underway in vicinity of Martinez Refinery

Bullet East Bay Times – May 5

Five months after 24 tons of airborne residue first appeared in the vicinity of the Martinez Refinery, new soil samples collected this week may finally confirm the contents of the residue, and its potential health risks, by late May or early June, Contra Cost County health officials announced Thursday. Last Thanksgiving, the Martinez Refinery Company posted on Facebook that the fine white substance that blanketed cars, porches, and plants over the holiday was from a “non-toxic”, “non-hazardous,” and “naturally occurring” catalyst dust expelled from its facility. But within a few days, the County Health Department alerted residents that the ashy grit contained aluminum, barium, chromium, and other hazardous metals, which are linked to a range of health problems, including cancer. The Contra Costa District Attorney’s office opened up a case in January on the refinery’s failure to notify governmental officials about the release, according to Matthew Kaufmann, the county’s deputy health director.

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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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