News
Nine states sue EPA for easing environmental enforcement amid pandemic
Reuters – May 13
Nine states, including California, on Wednesday filed a lawsuit against the U.S. Environmental Protection Agency (EPA) for relaxing a range of routine compliance and monitoring requirements with federal clean air and water laws in response to the coronavirus pandemic, arguing the policy is too broad and not transparent. Under the temporary policy announced on March 26, the EPA said it would not seek penalties for violations of routine compliance monitoring, integrity testing, sampling, laboratory analysis, training, and reporting or certification obligations in situations where the agency agrees that COVID-19 was the cause of non-compliance. The states, led by New York, argued that the EPA issued a broad and open-ended policy that gives polluters too much leeway instead of using enforcement discretion “as authorized by law.” Their lawsuit comes a month after more than a dozen environmental groups filed their own challenge in the same New York federal court.
EPA expected to refrain from adopting perchlorate drinking water standard
The New York Times – May 14
The U.S. EPA will not impose a drinking water limit on perchlorate, a chemical compound that is used in rocket fuel and other applications and that some studies have linked to fetal and infant brain damage, according to two agency staff members familiar with the decision. The decision appears to defy a court order that required the agency to establish a safe drinking-water standard for the chemical by the end of June. The new policy, which acknowledges studies suggesting that exposure to high levels of perchlorate can cause I.Q. damage but opts nevertheless not to limit it, could also set a precedent for the regulation of other chemicals, people familiar with the matter said. The new policy will revoke a 2011 EPA finding that perchlorate presents serious health risks to between 5 million and 16 million people and should be regulated. Instead, it is expected that EPA will now rely upon recent analyses reportedly concluding that concentrations of the chemical in water must be at significantly higher levels than previously thought in order to be considered unsafe. According to some who have reviewed the rule, the EPA will say few public water systems now contain perchlorate at high levels because states like California and Massachusetts regulated the chemical in the absence of federal action, so the costs of nationwide monitoring would outweigh the benefits. An EPA spokesperson said the final rule would soon be sent to the Office of Management and Budget for interagency review.
Ninth Circuit expedites appeal of Nationwide Permit 12 injunction
SDPB Radio – May 15
A Montana judge's decision to vacate water permits for the Keystone XL pipeline still stands for now. The Ninth Circuit Court of Appeals has denied an immediate administrative stay pending appeal of the Montana ruling, but the appeals court has agreed to expedite the issue. Pre-construction of the Keystone XL pipeline had already started when Judge Brian Morris of the U.S. District Court for the District of Montana put a stop to water crossings. He ruled that the U.S. Army Corps of Engineers violated the Endangered Species Act by not adequately considering potential harm to listed species or habitat. Morris initially vacated the use of Nationwide Permit 12 (NWP 12) in its entirety. NWP 12 is a fast-track permit for projects not likely to have much effect on water habitats. Earlier this week, the judge amended that order to apply only to construction of new oil and gas pipelines. The Ninth Circuit has set a May 22 deadline for briefs from all parties.
California begins process of creating oil buffer zones
Bakersfield Californian – May 13
The California Geologic Energy Management Division, formerly known as the Division of Oil, Gas, and Geothermal Resources, has kicked off an effort to standardize buffer zones between oil facilities and sensitive receptors such as schools and homes. Environmental justice activists have promoted setbacks of 2,500 feet. The state says 9,222 active oil or gas wells, and 6,511 idle wells, lie within 2,500 feet of sensitive receptors. A legislative analysis last year said a bill creating 2,500-foot oil and gas buffers, if applied to existing production sites, would cost the state $3.5 billion per year. Public comment is being accepted until June 10. A series of online "community input meetings" has been scheduled, along with a computerized survey and other means for gathering input.
Coalition submits plan to take over Potter Valley Project and remove Scott Dam
Lake County Record-Bee – May 13
A five-member working group seeking to take over the hydroelectric Potter Valley Project (PVP) submitted a feasibility study report this Wednesday to the Federal Energy Regulatory Commission, which includes the proposed removal of Scott Dam in Lake County. The project consists of two dams, a small hydroelectric plant, and a diversion system that feeds water from the Eel River to the Russian River basin where it supports agricultural and other irrigation in Mendocino, Sonoma, and Marin Counties. Pacific Gas & Electric Company has operated the PVP since the early 20th century, but the utility last year gave notice that it would step away by 2022 when its license expires, leaving the facility’s future uncertain. The proposal is now subject to a 45-day public comment period.
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