California Environmental Law & Policy Update - 2.03.23 - #1

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California could force large corporations to disclose carbon emissions under new bill

Bullet The Sacramento Bee – January 26

Companies that generate a billion dollars or more a year doing business in California would be required to publicly release their carbon emissions data under a bill introduced Monday by State Senator Scott Wiener. Supporters of the measure, Senate Bill 253, say it would strengthen regulation of greenhouse gas emissions generated by some of the most profitable industries across the economy as the state strives to prevent the worst impacts of climate change. Wiener reintroduced the bill after an earlier version failed to clear the Assembly in August 2022 amid opposition from the California Chamber of Commerce and several legislators. Companies would be required to submit emissions disclosures to an online reporting platform, and its disclosures would be subject to a third-party audit. The California Air Resources Board would then be tasked with incorporating the data into state climate goals.

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California releases its own plan for Colorado River cuts

Bullet Associated Press – January 31

California released a plan on Tuesday detailing how Western states reliant on the Colorado River should save more water. It came a day after the six other states in the Colorado River basin made a competing proposal. In a letter to the U.S. Bureau of Reclamation, California described how states could conserve between 1 million and nearly 2 million acre feet of water through new cuts based on the elevation of Lake Mead, a key reservoir. California’s plan does not account for water lost to evaporation and during transportation — a term sought by the other states that, if included, would mean big cuts for California. The 1,450-mile river serves 40 million people across the West and Mexico, generating hydroelectric power for regional markets and irrigating nearly 6 million acres of farmland.

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Competition heats up for U.S. direct air capture program

Bullet E&E News – January 30

At least four groups have expressed interest in a new federal program that aims to fight global warming with the use of machines that can suck carbon dioxide from the atmosphere, a technology known as “direct air capture.” Two startups and two universities have signaled that they plan to apply for a portion of $3.5 billion in federal funding that is available to help build four direct air capture facilities in the United States. Though the technology is still nascent, scientists say direct air capture could become a powerful weapon against climate change. The interested parties include CarbonCapture Inc. of California and Sustaera Inc. of North Carolina, as well as the University of Houston and the University of Michigan in Ann Arbor.

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California releases roadmap to ban high-risk pesticides by 2050

Bullet Courthouse News Service – January 26

California released a plan last Thursday to ban certain harmful pesticides used in both rural agriculture and urban pest control by 2050, replacing them with sustainable pest management practices. The Sustainable Pest Management Roadmap for California, issued by the state Department of Pesticide Regulation, the California Environmental Protection Agency, and the California Department of Food and Agriculture, will guide the state through a gradual process of first identifying the most harmful, dangerous, and “high-risk” pesticides for humans, and then offering safer alternative pesticides or other nonchemical pest control practices.

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Watts students call for closure of nearby metal recycling plant over health, safety concerns

Bullet ABC7 – January 31

Students, activists, and community leaders are continuing their fight to close a scrap metal recycling plant in Watts. The plant, owned by Atlas Iron & Metal Co., neighbors Jordan High School and has been the subject of several recent lawsuits. The Los Angeles Unified School District sued to recover funds it spent on cleanup efforts following lab testing which indicated elevated levels of lead contamination. During the summer of 2022, the Los Angeles County District Attorney's Office served a search warrant at the metal recycling center's property, suggesting a criminal investigation is underway. Most recently, the California Department of Toxic Substances Control sued over reported 2020 violations of the state's hazardous waste laws. Protesters on Monday gathered outside of Atlas Iron & Metal Co., and the Healthy Families Coalition sent a letter to L.A. Mayor Karen Bass asking her to intervene through different city agencies.

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Monarch butterflies wintering in California rebound

Bullet ABC News – January 31

The population of western monarch butterflies wintering along the California coast has rebounded for a second year in a row after a precipitous drop in 2020, but the population is still far below what it was in the 1980s, when monarchs numbered in the millions, researchers announced Tuesday. Volunteers who visited sites in California and Arizona around Thanksgiving counted more than 330,000 butterflies, the highest number counted in the last six years. Scientists say the monarch population is at a critically low level in western states due to destruction of milkweed habitat along their migratory route caused by housing expansion and the increased use of certain pesticides and herbicides.

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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.

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