California Environmental Law and Policy Update - January 2014

by Allen Matkins

Environmental and Policy Focus

Gov. Brown wants to use cap-and-trade fees to fund high speed rail project

Insurance For Less - Jan 8

Gov. Jerry Brown announced plans to provide new funding for California’s high speed rail project from corporate fees on greenhouse gases. The funds would help replace bond funds that were earmarked for the project but could not be used as a result of a court ruling issued last year. The Governor's plan to keep the rail project on track entails use of hundreds of millions of dollars in fees collected from businesses in the state’s greenhouse gas emissions cap-and-trade program. The strategy, however, may trade one set of problems for another. The use of the cap-and-trade funds to support the $68-billion rail line is generating opposition from a number of environmental groups. These groups, which include the Sierra Club, the Natural Resources Defence Council, and the Planning and Conservation League, have in the past allied themselves with the Governor, but on this issue they have questioned the use of the cap and trade program funds for this purpose.

EPA to require S. Calif. offshore hydraulic fracturing reports

Contra Costa Times - Jan 9

Oil and gas companies that are conducting hydraulic fracturing off the Southern California coast must report chemicals discharged into the ocean under a new rule released Thursday by federal environmental regulators. The U.S. Environmental Protection Agency published the requirement in the Federal Register, and it will become effective March 1.

L.A. City Attorney sues oil company

CourtHouse News - Jan 8

The City of Los Angeles sued Allenco Energy on Tuesday, alleging that odors from its oilfield are so noxious that residents of University Park have to keep their children indoors with windows shut. The complaint includes claims for unfair competition, violations of the Business and Professions Code Code, public nuisance, and violations of the California Health and Safety Code and Hazardous Materials Release Response Plans and Inventory laws.

Appeals court upholds San Francisco’s plastic bag ban

San Francisco Chronicle - Jan 5

A state appeals court has issued a ruling upholding San Francisco's ban on single-use plastic bags. The ordinance, which the City's Board of Supervisors adopted in February 2012, applies to all retail stores and groceries, thereby expanding a narrower earlier ordinance that covered only supermarkets and pharmacies. The ordinance prohibits the use in retail transactions of plastic bags that can be used only once, and requires stores to charge 10 cents for recyclable plastic or paper bags. It took effect for most stores in October 2012, and for groceries in July 2013. Similar measures are in effect in about 50 cities and counties in California and have survived legal challenges. Supporters say these ordinances reduce litter, waste and water pollution; opponents say the ordinances ignore the environmental detriments associated with the manufacture and use of alternative types of bags.

Chinook salmon receive experimental help

CourtHouse News - Jan 3

Starting January 30, Chinook salmon threatened by the Friant Dam in California will receive recovery help in the form of reintroduction of an experimental fish population by federal regulators. In a rule proposed last year, the National Marine Fisheries Service acknowledged that the Friant Dam on the San Joaquin River nearly wiped out the Central Valley spring-run Chinook salmon runs because the operation of associated irrigation canals caused the river to run dry in many areas. Under the rule, an experimental population of Chinook salmon will be introduced for the second time into currently unoccupied areas of the San Joaquin River, Merced River and Kings River that are within the species' historical range. The fish, which will come from a hatchery, will be marked by fin clips or other methods of identifying fish, and they are not expected to stray into the independent populations in the Sacramento River basin. This program is the culmination of a decades-long dispute regarding the impact of the dam on the fish that began in 1988, when a coalition of environmental groups led by the Natural Resources Defence Council challenged the renewal of the dam authority's water service contracts

Truck pollution deadline extended

Stockton Record - Jan 1

The California Air Resources Board (CARB) has agreed to refrain from enforcing new rules limiting diesel particulate emissions from truck engines until July of this year, so long as truckers demonstrate by the end of this month that they're making a good-faith effort to comply.


Written by:

Allen Matkins

Allen Matkins on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.