Focus
Narrowed definition of waters subject to Clean Water Act will reduce number of federally-regulated waterbodies in California
Los Angeles Times – January 23
The U.S. Environmental Protection Agency (EPA) this Thursday announced that, together with the U.S. Army Corps of Engineers, it has finalized a rule narrowing the scope of federal jurisdiction under the Clean Water Act. The new rule, dubbed the “Navigable Waters Protection Rule,” replaces the Obama-era “Waters of the United States” rule, which had expanded the scope of waters subject to federal jurisdiction, including discharge limitations and permitting requirements. Under the new rule, federal permits will no longer be required for discharges into so-called ephemeral streams — including washes or arroyos — where water flows only occasionally because of rainstorms and snowmelt. Wetlands that are not immediately adjacent to protected waters will also no longer be subject to federal jurisdiction. Federal data suggest 81 percent of streams in the Southwest, including tributaries to major waterways that provide drinking water, would fall outside federal jurisdiction under the new rule. In California alone, two out of three of the state’s freshwater streams may no longer be subject to federal jurisdiction. These waters will, however, still be covered under California law, recently strengthened in anticipation of the federal rollback.
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News
U.S. Senate approves bipartisan legislation addressing plastic waste in oceans on global scale
The Ripon Advance – January 22
The U.S. Senate recently approved a sweeping bipartisan bill, the Save Our Seas 2.0 Act, S. 1982, seeking to fight global plastic waste by spurring innovation and finding uses for existing plastic waste before it enters the oceans. If enacted, the bill would, among numerous other provisions, establish a Marine Debris Response Trust Fund to provide resources to respond to marine debris events; direct the executive branch to maintain international leadership on marine debris and provide enhanced support for plastic waste mitigation; invest in improved domestic waste infrastructure through grants and a new state revolving loan fund; and assess barriers to improving recycling and repurposing of plastic waste. The U.S. House of Representatives received the bill on January 13 and has referred it to several committees for consideration.
Lawsuit seeks billions in damages, halt to development on Treasure Island
San Francisco Chronicle – January 23
Dozens of current and former Treasure Island residents on Thursday filed a class-action lawsuit alleging that authorities gave false information about the extent of contamination on the island, exposing the residents and their families to radioactive substances and toxic chemicals. The complaint seeks $2 billion in damages from several defendants, including the city development authority on Treasure Island; the U.S. Navy, which used the island as a naval base decades ago and is now responsible for cleaning it up; the California Department of Toxic Substances Control, which oversees the cleanup; the San Francisco health department; the Treasure Island Homeless Development Initiative (now called One Treasure Island); and developers Lennar and FivePoint Holdings LLC. Radioactive substances first tainted the island during the Cold War, when the Navy brought ships to San Francisco that had been exposed to atomic-bomb tests in the Pacific. The city is partnering with private developers on a $6 billion project to transform the island into condos, parks, and a hotel.
PFAS chemicals found in Orange County groundwater may force widespread closure of drinking water supply wells
The Orange County Register – January 17
The Orange County Water District, which serves 2.5 million county residents, expects that nearly a third of the 200 groundwater wells in its service area will be shut down by year’s end because of the presence of PFAS, a chemical family linked to various health impacts. Nine of those wells have already been closed and 32 more are expected to be closed in coming weeks as state regulators continue to lower notification thresholds for certain PFAS chemicals, according to district officials. Water districts throughout the state are shuttering or adding treatment systems to wells because of the chemicals. The Orange County Water District’s service area is one of the largest and most affected.
Federal government dials back plan to freeze auto mileage rules
Los Angeles Times – January 21
The federal government is retreating from a rule, adopted during the Obama Administration, that would freeze for six years fuel-economy requirements for new automobiles. Following President Trump’s election in 2016, the EPA and U.S. Transportation Department originally proposed capping mileage and tailpipe greenhouse gas emission requirements after the 2020 model year. To make the proposed new rule more defensible, the agencies are now planning to require annual 1.5 percent increases in the stringency of those requirements for the 2021-26 vehicle fleets. The plan is now undergoing final White House review and could still be revised. The agencies have already finalized the White House’s proposal to strip California of its authority to set tailpipe greenhouse gas standards that are tougher than federal requirements. Litigation challenging that action was filed by a coalition of states, including California, and that litigation is ongoing.
California sues to block federal hydraulic fracturing plans
The Mercury News – January 18
California last Friday sued to block the U.S. Bureau of Land Management from issuing new oil and gas drilling permits on more than 1 million acres of public land in the central part of the state. State Attorney General Xavier Becerra sued on behalf of his office and Governor Gavin Newsom’s administration, alleging the permits would allow the controversial extraction method called hydraulic fracturing, commonly called fracking. The suit filed in federal court contends that the government’s environmental review did not adequately evaluate harmful effects on communities and the environment in Fresno, Kern, Kings, Madera, San Luis Obispo, Santa Barbara, Tulare, and Ventura counties, and requests that the court set aside the decision. The Center for Biological Diversity and other conservation groups sued last Tuesday to challenge this same plan.
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