News
Ninth Circuit reverses itself, upholds dismissal of lawsuit over tainted water
Courthouse News Service – July 1
Following an outcry by public water agencies, a panel of the Ninth Circuit Court of Appeals last Friday reversed itself and now agreed with the district court that the Northern California city of Vacaville cannot be held liable for transporting hazardous waste under the federal Resource Conservation and Recovery Act (RCRA) merely because of the presence of hexavalent chromium, commonly called chromium 6, in drinking water delivered to its customers. In its new ruling, upholding the dismissal of a lawsuit filed by an environmental group seeking to hold the city responsible, the panel said that the text of the RCRA statute defines “transportation” as part of the waste disposal process itself, such as shipping waste to hazardous waste treatment, storage, or disposal facilities, but not the mere “conveyance” of hazardous waste.
Unable to fund Exide cleanup, California wants contaminated Vernon site added to federal Superfund list
Los Angeles Daily News – July 3
California last Friday asked the federal government to add the heavily-polluted former Exide Technologies battery site--abandoned through bankruptcy by its owners two years ago--to the National Priorities List to make it eligible for millions of dollars in additional federal Superfund clean-up funds. The California Department of Toxic Substances Control (DTSC) estimates lead, arsenic, and cadmium released by the Vernon-based battery recycler during its decades of operation contaminated parks, schools, and nearly 10,000 homes in the largely working-class Latino neighborhoods surrounding the facility. The state has committed $700 million to the clean-up process, but DTSC says it needs at least another $150 million to investigate the industrial properties near the Exide site to determine what, if any, additional remediation is necessary.
L.A. wins water battle with Mono County amid worsening drought
Los Angeles Times – July 7
A state appellate court last week reversed a court ruling that would have required the Los Angeles Department of Water and Power (LADWP) to conduct an environmental review before making annual decisions about deliveries of water under existing leases on pastureland it owns east of Yosemite. LADWP said the previous ruling had “set an impossible standard” as it faces the complex challenges of servicing ratepayers and meeting environmental requirements in a time of drought, dwindling snowpack and changing water availability. Mono County and the Sierra Club had accused the agency of trying to implement the new water policies through new leases proposed in 2018 while 2010 leases were still in effect and before it had studied their impacts on habitat and ranching operations, as required by the California Environmental Quality Act (CEQA). LADWP argued that its water allocations were authorized under the terms of the 2010 leases and stated that no changes will be made to the existing leases until an environmental review is complete.
Santa Clarita Valley Water Agency wins $65.9M due to Whittaker-Bermite water contamination
The Signal – July 5
Santa Clarita Valley Water Agency officials announced on Tuesday that the U.S. District Court for the Central District of California has awarded the agency $65.9 million for cleanup of local groundwater contamination from the Whittaker-Bermite former munition testing and manufacturing site. The money received from this judgment will be used to construct and operate new treatment facilities to remove perchlorate and volatile organic compounds from several impacted wells and to restore lost groundwater production.
Attorney General Bonta joins environmental lawsuit against Moreno Valley
The Press-Enterprise – July 1
California Attorney General Rob Bonta is joining the Sierra Club’s lawsuit against Moreno Valley over the city’s 2040 general plan update that both parties allege fails to protect the environment and residents. The lawsuit alleges that the city used outdated environmental reports that failed to address public health impacts, did not disclose potential air pollution, and left out solutions that could reduce environmental impacts. Bonta criticized the city for increasing development in Moreno Valley, which has seen controversy over what some see as a saturation of warehouses.
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