California Environmental Law & Policy Update - October 2016 #4

Allen Matkins
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Environmental and Policy Focus

Species may be listed as threatened based on climate change projections, court says

Los Angeles Times - Oct 24 Federal authorities may list a species as “threatened” based on climate models that show habitat loss in the coming decades, the Ninth Circuit Court of Appeals decided Monday. The state of Alaska, oil company groups, and Alaskan natives had challenged a decision by the National Marine Fisheries Service (NMFS) to list a Pacific bearded seal subspecies as threatened and deserving of protection, urging that the subspecies’ population currently is healthy and the NMFS’ climate projections were speculative. In a unanimous decision, the three-judge panel of the appeals court ruled otherwise, holding that NMFS reasonably determined that loss of Arctic sea ice over shallow waters would “almost certainly” threaten the survival of this seal subspecies by the end of the century.

Phillips 66 appeals denial of oil trains proposal for Nipomo refinery

Santa Maria Times - Oct 24 Phillips 66 has appealed the San Luis Obispo County Planning Commission’s 3-2 split vote earlier this month—after eight public hearings—to deny its proposal to bring crude oil to its Nipomo Mesa refinery via rail. In its appeal, Phillips 66 argues the proposed rail spur project is necessary for the company to support plant operations because, unlike other oil and gas companies in the area, it doesn’t own local crude oil production fields and must transport crude to the facility. Project plans also call for extending the existing rail spur at the facility, and constructing tracks and a rack area for rail car unloading. No date has been set for the appeal hearing before the county Board of Supervisors, which will see at least one seat, possibly two, change with the upcoming November election.

San Diego accelerates new water supply

San Diego Union-Tribune - Oct 27 San Diego’s landmark water recycling system, known as “Pure Water,” took several key steps forward this week when the City Council approved an accelerated timeline and a comprehensive environmental analysis. The council also approved $52 million in projects to kick start the program, and endorsed plans to use methane from the Miramar landfill as a power source for water purification, making the process more environmentally friendly. The council approved plans to begin recycling 30 million gallons per day (gpd) of sewage into drinking water by 2021, much faster than the previous schedule, which called for 15 million gpd by 2023 and 30 million gpd by 2027. The Pure Water system will allow the city to avoid spending more than $2 billion on upgrades needed at the Point Loma Wastewater Treatment Plant in order to comply with the federal Clean Water Act.

Negotiations moving forward on plan to avert Colorado River ‘crash’

Desert Sun - Oct 21 The largest reservoir in the country, Lake Mead, reached its lowest point on record this year, and federal water officials estimate the odds of the reservoir slipping into shortage conditions in 2018 at nearly 50-50. If the level of Lake Mead crosses a critical threshold by next summer and a shortage is declared, Arizona and Nevada would automatically face cutbacks in water deliveries in 2018. If the reservoir levels continue to drop, eventually California also would receive less water. The decline of Lake Mead threatens not only the water supplies of farms and cities but also the electricity generated by Hoover Dam. The dam’s power-generating capacity has already declined substantially. Representatives of the three states, the federal government, and water districts have been in negotiations on a “drought contingency plan” for the reservoir and are hopeful a deal may take shape within the next few months. An agreement for these states to temporarily leave more water in Lake Mead would require buy-in by California water districts that hold the most privileged rights to Colorado River water, as well as approval by the Arizona Legislature.

World Logistics Center, air district agree to cash settlement for Moreno Valley project

Press-Enterprise - Oct 24 A lawsuit settlement between Moreno Valley and regional air quality officials over the planned World Logistics Center calls for the developer to pay millions toward air cleanup programs. Under the agreement, developer Highland Fairview will pay the South Coast Air Quality Management District (SCAQMD) 64 cents per square foot as the giant warehouse complex is built. When completed, the facility is expected to encompass 40.6 million square feet. Under the agreement, the air district stands to gain as much as $26 million over 15 years. The settlement funds may be used by the SCAQMD for any purpose to improve air quality, though air district officials say they plan to work with local residents and community groups to reduce emissions in the areas affected by the warehouse project.

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. Attorney Advertising.

© Allen Matkins

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