Focus
U.S. appeals court orders dismissal of young people's lawsuit over climate change
U.S. News & World Report – January 17
A federal appeals court on Friday threw out a lawsuit by children and young adults who claimed U.S. government climate policy put their future in jeopardy, a major blow to the high-profile case after a string of failed similar bids. In a 2-1 decision, the 9th U.S. Circuit Court of Appeals said the plaintiffs, who were ages 8 to 19 when the lawsuit began, lacked legal standing to pursue their case, and that the issues they raised should be decided by other branches of the federal government. The decision derails the potentially far-reaching case, one of more than half a dozen similar cases filed in state courts, from Washington to Alaska, by an Oregon-based youth advocacy non-profit called Our Children's Trust.
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News
Groups sue to stop California oil leases, alleging dangers of hydraulic fracturing
San Francisco Chronicle – January 14
Environmentalists sued the U.S. Bureau of Land Management (BLM) this Tuesday for approving new oil-drilling leases on federal land in eight Central California counties and the Sierra foothills, including near Yosemite National Park. The BLM in December approved new oil and gas leases across more than 1 million acres between Bakersfield and Santa Barbara, the first made available by the agency in the region in five years. Six groups led by the Center for Biological Diversity filed the lawsuit in U.S. District Court in Los Angeles accusing the BLM of illegally failing to consider public health concerns, groundwater contamination, increases in greenhouse gas emissions, and the potential for earthquakes from the drilling method known as “hydraulic fracturing” or “fracking.” The lawsuit seeks to halt the drilling plan until provisions are added requiring a thorough environmental review before extraction leases are issued.
State argues that lead agencies may not rely on cap-and-trade reductions of greenhouse gases in evaluating environmental impacts of development projects
Freight Waves – January 13
In an amicus curiae brief filed last Friday in the Fourth District Court of Appeal, the California Air Resources Board (CARB) and California Attorney General Xavier Becerra formally took the position that lead agencies may not rely on greenhouse gas reductions to be achieved by the state’s cap-and-trade program when evaluating the greenhouse gas emissions potential of development projects. The issue arose in an appeal of the city of Moreno Valley’s approval in 2015 of the 40-million square foot World Logistics Center warehouse project. In addition, CARB and the Attorney General argued that the city’s environmental analysis did not take into account the project’s emissions beyond the year 2030, despite the fact that full operation of the project is not anticipated to be achieved until 2035.
Richmond City Council bans storing, handling coal
East Bay Times – January 14
The Richmond City Council on Tuesday approved an ordinance that bans the storage and handling of coal and petroleum coke in the city, which some residents have complained is harmful to their health. The ordinance also phases out existing coal and coke operations within three years. The move comes about a month after Richmond Mayor Tom Butt postponed the vote so discussions could continue with executives of the Levin-Richmond Terminal, the only facility in the city that handles coal, and Wolverine Fuels, a company that exports thermal coal to Japan. Those companies have threatened to sue the city if it approves the ordinance, which still must be formally adopted at a future meeting before it can take effect.
Governor Newsom restarts Delta tunnel project
U.S. News & World Report – January 15
Governor Gavin Newsom on Wednesday issued a Notice of Preparation - the first step in the state’s lengthy environmental review process – to restart a project to build a giant, underground tunnel that would pump billions of gallons of water from the San Joaquin Delta to the southern part of the state. Last year, Newsom halted a similar project that would have built two tunnels for the same purpose. The new project would have only one tunnel, and would carry less water. The tunnel would be a major addition to the State Water Project, the complex system of reservoirs, aqueducts, and pumping plants that deliver water to more than 27 million Californians and 3 million acres of farmland. Environmental groups, including the Sierra Club, have criticized the proposed project's impact on sensitive fish and wildlife species.
San Diego sues SDG&E for $35.6M over water project
The San Diego Union-Tribune – January 15
The dispute between the city of San Diego and San Diego Gas & Electric over the utility’s underground infrastructure obstructing a $1.4 billion city water recycling project is heading to court. San Diego city attorney Mara Elliott announced Wednesday that the city is suing SDG&E for $35.6 million, claiming the utility should pick up the tab to move equipment out of the way of the Pure Water San Diego Program that is designed to reduce ocean pollution and increase the city’s water supply. In the past, the utility has said it is unfair that the costs of the water project should be spread across all customers in its service territory, which includes San Diego and parts of Orange County. SDG&E has also cited case law in California that holds utilities are not obligated to pay for relocations to accommodate municipal water projects. In its lawsuit, the city countered by saying it has the power to franchise “any public property” under the city’s jurisdiction.
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