California Environmental Law & Policy Update - 2.17.23 #3

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Governor Newsom suspends environmental laws to store more Delta water

Bullet San Francisco Chronicle – February 14

Facing an onslaught of criticism that water was “wasted” during January storms, Governor Gavin Newsom on Monday issued an executive order authorizing the State Water Resources Control Board (SWRCB) to “consider modifying” state requirements that dictate how much water in the Sacramento-San Joaquin River Delta is allowed to flow into San Francisco Bay. In an immediate response to the order, the state Department of Water Resources and the U.S. Bureau of Reclamation on Monday jointly petitioned SWRCB to loosen the delta flow rules “to ensure the availability of an adequate water supply while also ensuring protection of critical species and the environment.” Environmental groups say Newsom’s order is another sign that California is shifting priorities in how it manages water supply for humans and ecosystems.


News

EPA will provide $2B in PFAS treatment funding to small, disadvantaged communities

Bullet Engineering News-Record – February 14

The U.S. Environmental Protection Agency (EPA) on Monday said it will provide $2 billion to address emerging contaminants in drinking or source water—including perfluoroalkyl and polyfluoroalkyl substances, known as PFAS—in small or disadvantaged communities. Additionally, EPA said that it soon hopes to propose a National Primary Drinking Water Regulation for PFAS that would set maximum levels of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—the two most studied chemical compounds within the broad class of PFAS—that can be present in drinking water without requiring treatment. A draft proposal is currently under review at the Office of Management and Budget.


Coalition of 21 states backs EPA proposal on methane emissions regulation

Bullet The Center Square – February 15

A coalition of attorneys general from 21 states and one city is backing an EPA supplemental proposal that would regulate methane emissions in the oil and gas exploration industry. The attorneys general, led by California and New York, have commented in support of EPA’s proposal, which is designed to create stronger regulations for methane emissions from new, modified, and reconstructed facilities in the industry. The proposal would, for the first time ever, regulate emissions from existing infrastructure, which accounts for the majority of emissions. EPA has estimated its proposal would reduce methane emissions by 36 million tons, volatile organic compound emissions by 9.7 million tons, and hazardous air pollutants by 390,000 tons over the next 12 years.


What California’s big winter storms mean for the future

Bullet The Mercury News – February 17

For three weeks after Christmas, California was pounded with a series of nine “atmospheric river” storms. The drenching rains replenished reservoirs that had been seriously depleted during three years of severe drought. But they also caused flooding from the Central Valley to Santa Barbara, triggering mudslides, sinkholes, and power outages, and left 22 people dead. Along the coast, big waves ripped a 40-foot hole in the Capitola Wharf, destroyed facilities at Seacliff Beach State Park, flooded homes, wrecked businesses, and caused millions of dollars in erosion damage. Gary Griggs, a Distinguished Professor of Earth Sciences at UC Santa Cruz, describes what the big winter storms mean for the state's future.


Shipping companies agree to pay $45 million in Orange County oil spill lawsuits

Bullet Los Angeles Times – February 9

Companies linked to two cargo ships accused of damaging a pipeline months before it ruptured, releasing 25,000 gallons of crude oil off the coast of Orange County in October 2021, have agreed to pay $45 million to settle lawsuits brought by local business owners and residents. The full details of the settlement, which still must be approved by a judge, have not been disclosed. Capetanissa Maritime Corp., Dordellas Finance Corp., and their subsidiaries have been accused of allowing their ships to drag their anchors across the sea floor during a storm in January 2021, about nine months before the oil spill. Amplify Energy Corp., which owns the pipeline, agreed in the fall of 2022 to pay $50 million to residents and business owners affected by the spill.

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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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