California Environmental Law & Policy Update - December 2022

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EPA floats sharply increased social cost of carbon

Bullet E&E News – November 21

The U.S. Environmental Protection Agency (EPA) has proposed a new estimate for the social cost of carbon emissions, nearly quadrupling an interim figure that has already drawn legal challenges from a host of Republican-led states. The metric puts a price tag on the damages created by each metric ton of greenhouse gas emissions. Agencies can then use the estimate as part of their analyses of the costs and benefits of more stringent climate regulation on sources ranging from power plants and automobiles to the oil and gas sector. EPA is requesting public comment on the estimate--$190 per metric ton of carbon dioxide, increased from the current interim $51 per metric ton--which EPA made public when it recently released proposed methane standards for the oil and gas sector.


News

More than 70 water agencies in California could face water shortages in the coming months, state report shows

Bullet CNN – November 30

Nearly 20% of California’s urban water agencies reported they could see significant water shortages in the coming months as the state braces for a potential fourth consecutive year of drought. After surveying urban water agencies representing roughly 90% of the state’s population, the California Department of Water Resources early this week released its first annual water supply and demand report that assesses how the state is faring with water supply amid unrelenting drought conditions.


Corona Clay Company repeatedly violated Clean Water Act, jury says

Bullet The Press-Enterprise – November 28

After a five-year legal dispute, a jury has sided with environmental groups who sued a clay production company in Corona over claims that the business repeatedly violated the Clean Water Act by letting iron-heavy soil and other sediment flow into Temescal Creek. The creek feeds into the Santa Ana River, which eventually reaches the Pacific Ocean in Huntington Beach. Corona Clay Company is now facing millions of dollars in civil penalties. A judge is expected to set the exact amount early next year. The decision concludes a rare trial in a citizen-filed lawsuit under the Clean Water Act, which allows private individuals and entities to sue anyone believed to be discharging pollutants into ”waters of the United States,” a category of “waters” subject to the evolving definition being developed by EPA, the U.S. Army Corps of Engineers, and interpreted by the courts.


Department of Interior rule would limit methane leaks, gas flaring from public lands drilling

Bullet CNBC – November 29

The Interior Department’s Bureau of Land Management (“BLM”) has proposed rules to reduce methane leaks from oil and gas drilling on public lands, in the Biden administration’s latest move to aggressively tackle emissions of the climate-warming greenhouse gas. The rules would impose strict monthly time and volume limits on flaring, the process of burning excess natural gas at a well, and require payment for flaring that exceeds those limits. Global methane emissions are the second-biggest contributor to climate change after carbon dioxide and arise primarily from oil and gas extraction, landfills and wastewater, and livestock farming. The BLM is accepting comments on the proposed rule for 60 days; a final rule is anticipated next year.


Salton Sea to get $250M in U.S. drought funding

Bullet Associated Press – November 28

The federal government on Monday said that it will spend $250 million over four years on environmental cleanup and restoration work around the Salton Sea, a drying Southern California lake fed by the depleted Colorado River. The future of the Salton Sea, and who is financially responsible for it, has been a key issue in discussions over how to prevent a crisis in the Colorado River. The lake was formed in 1905 when the river overflowed, creating a resort destination that slowly morphed into an environmental disaster as water levels receded, exposing residents to harmful dust and reducing wildlife habitat. The deal announced Monday still needs approval from the Imperial Irrigation District, the largest user of Colorado River water.

 

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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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