Coalition of 17 states sues to block California rule requiring ZEV trucking

The Center Square – May 14

A coalition of 17 states led by Nebraska is suing California for creating ZEV standards for trucking fleets, saying the state’s rule violates the Constitution’s Commerce Clause. California’s Advanced Clean Fleets regulation, developed by the California Air Resources Board (CARB), requires that commercial vehicles, including heavy-duty big rigs, be zero emission by 2042. CARB has banned the new sale of internal combustion light vehicles, including cars, starting in 2035, and of bigger trucks starting in 2036. The plaintiffs allege they have standing for the case due to harm to tax revenue, harm to roads from heavier battery-electric trucks, increased demand for electricity to charge such trucks, and threats to states’ sovereign economic interests.

News

As salmon populations struggle, California bans fishing on rivers for a second year

Los Angeles Times – May 16

California regulators have decided to ban fishing for chinook salmon on the state’s rivers for a second year in a row in an effort to help the species recover from major population declines. The unanimous vote by the California Fish and Game Commission on Wednesday follows a similar decision last month to prohibit salmon fishing along the California coast this year. State officials have said salmon are struggling because of factors such as reduced river flows during the severe drought from 2020-2022, the effects of climate change, harmful algae blooms, and shifts in the species’ ocean diet. Fishing advocates blamed Governor Gavin Newsom and his administration, arguing that the state has been sending too much water to farms and cities, and depriving rivers of the cold flows salmon need to survive.

Los Angeles City Council takes step to plug ‘orphaned’ oil wells

Los Angeles Daily News – May 8

The Los Angeles City Council on May 8 took a step toward identifying and plugging “orphaned” oil wells that have been abandoned and lack plans for proper closure. The council voted 11-0 to instruct the City Attorney’s Office, Office of Finance, and City Administrative Office to report back with recommendations to update the city’s Oil Well Inspection Program to comply with California’s Orphan Well Prevention Act. Additionally, staff will be tasked with compiling a list of oil wells across the city that are likely to be without an operator to ensure these wells are property plugged in the future.

Governor Newsom says climate bills are ‘funded’ in his revised state budget

ESG Dive – May 14

Governor Gavin Newsom said his revised financial state budget for 2024-2025 included funding necessary for the California Air Resources Board to implement a pair of climate disclosure bills — Senate Bills 253 and 261 — approved last year. Newsom’s updated state budget comes after the governor left out funding for key climate-focused initiatives when he announced his initial proposal in January. Once implemented, SB 253 and 261 would mandate corporate disclosure of greenhouse gas emissions and climate-related financial risks. California's rules have been challenged in court, as discussed in Allen Matkins’ California Corporate & Securities Law Blog.

Cloud brightening study in California is halted by local officials

The New York Times – May 13

Officials in the city of Alameda have told scientists to stop testing a device that might one day be used to artificially cool the planet by making clouds brighter, reflecting planet-warming sunlight back into space, citing possible health concerns. The city is evaluating the chemical compounds in the spray to determine if they are a hazard either inhaled in aerosol form or landing on the ground or in the bay. The experiment, conducted by researchers from the University of Washington, involved spraying tiny sea-salt particles across the flight deck of a decommissioned aircraft carrier, the U.S.S. Hornet, docked in San Francisco Bay. Versions of that device could eventually be used to spray the material skyward, making clouds brighter and fighting global warming by bouncing away more sunlight. The experiment, which began on April 2, marked the first time in the United States that researchers had tested such a device outdoors.