California Environmental Law & Policy Update - March 2017 #4

Allen Matkins
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Environmental and Policy Focus

U.S., in reversal, issues permit for Keystone oil pipeline

New York Times - Mar 24 The Trump administration announced on Friday that it would issue a permit for construction of the Keystone XL pipeline, a long-disputed project that would link oil producers in Canada and North Dakota with refiners and export terminals on the Gulf Coast. The announcement, which reverses the Obama administration’s position, followed a 60-day review that was set in motion as one of the first acts of President Trump’s tenure. Originally planned to open in 2012, the Keystone XL pipeline would transport up to 830,000 barrels a day of Canadian and North Dakota crude to Steele City, Nebraska, where it would connect with existing pipelines to deliver the sludgy oil to refineries in Texas and Louisiana for processing.

Despite wet winter, some Central Valley farmers to receive only 2/3 of full water allotment in 2017

Sacramento Bee - Mar 22 In spite of one of the wettest winters on record, California farmers in one of the country’s most productive agricultural regions were told Wednesday they’d receive only two thirds of their federal water allotment from the Central Valley Project (CVP) for the upcoming growing season. The U.S. Bureau of Reclamation announced that the agricultural irrigation districts on the west side of the San Joaquin Valley were getting 65 percent of their maximum allotment from the CVP. While the 65 percent allocation is much more than the districts received during California’s five-year drought, the figure is far lower than farmers were hoping for after a wet winter on pace to break records. Bureau officials have not offered an explanation for the allocation, but stated in a press release that it was “based on a conservative estimate of the amount of water that will be available for delivery.” Earlier this year, the Bureau announced that some CVP contractors would get 100 percent allocations, including many Sacramento Valley agricultural districts and those on the east side of the San Joaquin Valley with superior rights. Customers of the state-operated State Water Project have been told to expect at least 60 percent allocations this year, although that figure could rise.

California adopts nation’s strictest rule regulating methane from oil and gas operations

San Diego Union-Tribune - Mar 24 The California Air Resources Board (CARB) Thursday night unanimously approved what is considered the nation’s strictest rule aimed at curbing emissions of methane, a potent greenhouse gas. Methane is estimated to have 72 times more potential impact on global warming than carbon dioxide over a 20-year time frame. The regulation is sweeping, covering oil and gas sites on land as well as offshore and would apply to private, state, and federal property. Tribal land, however, would be exempt. The rule mandates regular inspections at facilities and promises to slash methane releases by as much as 45 percent over the next nine years. The regulation will go into effect in phases, starting Jan. 1, 2018. The vote by CARB stands in contrast to moves on Capitol Hill where the Republican-majority Congress is working on rolling back a methane rule finalized by the Obama administration that directed the U.S. Bureau of Land Management to clamp down on venting, flaring, and leaks on federal and tribal land.

California has a new $383 million plan for the shrinking Salton Sea

The Desert Sun - Mar 17 After years of delays, the California Natural Resources Agency last Thursday released a $383 million plan to address the shrinking of the Salton Sea. The plan lays out a 10-year schedule for building thousands of acres of ponds and wetlands that will cover up stretches of dusty lakebed and create habitat for birds as the lake recedes. Much of the plan’s funding has yet to be approved by the Legislature, and the construction projects will lag behind the pace of the sea’s decline, covering up only a portion of the lakebed that will be left dry and exposed to the desert winds. State officials say the plan represents a critical initial step in a long-term process of intervening to ameliorate a costly crisis at California’s largest lake.

State air board approves Southern California smog plan

Press-Enterprise - Mar 23 On Thursday, the California Air Resources Board (CARB) voted unanimously to approve a controversial 15-year plan proposed by the South Coast Air Quality Management District for meeting federal ground-level ozone (smog) and particulate matter standards. The plan, which still needs approval from the U.S. Environmental Protection Agency, would eventually eliminate a pollution-credits marketplace that regulates emissions from oil refineries and other major smokestack polluters and replace it with direct pollution control rules as soon as practical. But CARB left intact controversial provisions requiring pollution reduction from the region's ports and warehouse centers through voluntary compliance. To address concerns about the plan’s reliance on these voluntary emissions cuts, CARB added provisions that require regular updates on the status of the pollution cuts and the availability of funds and established CARB's authority to take action if interim goals are not met. 

 

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. Attorney Advertising.

© Allen Matkins

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