California Environmental Law & Policy Update 10.10.25

Allen Matkins
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California Fish and Game Commission grants six-month extension for CDFW’s burrowing owl status review

Bullet Allen Matkins – October 8

The California Fish and Game Commission (Commission) on October 8 granted the California Department of Fish and Wildlife (CDFW) a six-month extension to complete its status review of the March 5, 2024 petition to list the western burrowing owl (BUOW) under the California Endangered Species Act (CESA). The earliest the Commission’s decision on listing could occur would be at its August 12-13, 2026 meeting. Until then, the BUOW will continue to receive full CESA candidate species protections, including the prohibition on “take” without express permit authorization.


News

California homeowner ordered to remove private gate to public beach, fined $1.4 million

Bullet East Bay Times - October 10

The California Coastal Commission on Thursday voted unanimously to fine a Carlsbad homeowner $1.4 million and ordered him to remove a gate that blocks public access to the Buena Vista Lagoon and the beach just south of the Carlsbad border. The commission’s decision came after years of back-and-forth between the homeowner and the Coastal Commission over a string of allegations related to public access, unpermitted construction, and habitat preservation requirements.


California says offshore oil drilling company cut corners in restart

Bullet Courthouse News Service – October 6

California has accused an offshore oil drilling company of repeatedly discharging waste into inland waters near Santa Barbara without a permit in the company’s rush to bring its drilling operations back online. In a complaint filed October 3 in Santa Barbara County Superior Court on behalf of the Central Coast Regional Water Quality Control Board, state Attorney General Rob Bonta accuses Sable Offshore Corp. of purposely not applying for permits to discharge waste — mostly dirt and vegetation — into waterways, which “could affect water quality in the rich aquatic and riparian habitat of Santa Barbara and San Luis Obispo counties.” A spokesperson for Sable did not respond to an email requesting comment on the lawsuit.


CalEPA to carry on inspections as federal EPA furloughs 90% of staff

Bullet The Sacramento Bee – October 4

While the government shutdown has furloughed about 90% of U.S. Environmental Protection Agency (EPA) employees and halted the agency’s inspection operations, the California Environmental Protection Agency has said it will proceed with its inspections “as planned.” According to EPA’s updated contingency plan, civil enforcement inspections stop during a funding lapse “unless necessary for excepted or exempted activities,” meaning the process of monitoring and investigating potential violations of federal environmental laws at regulated facilities is largely suspended.


Tustin eyes redevelopment of historic site as Navy wraps up hangar fire cleanup

Bullet The Orange County Register – October 8

Nearly two years after a blaze destroyed one of Tustin’s two iconic blimp hangars, spreading ash and contaminated debris across more than six miles of schools, neighborhoods, and businesses, city and federal officials say the cleanup is finally complete. Officials said the Navy finished debris and hazardous waste removal from the north hangar footprint this summer, and regulators are looking at final reports to sign off on ending the local state of emergency that was declared in 2023. Local stakeholders are turning their attention to what comes next as redevelopment discussions build steam. At the heart of the discussions is planning for the completion of Tustin Legacy, one of the city’s most significant mixed-used development projects, encompassing roughly 1,600 acres of the former base with more than 4,200 homes already built.


National City delays vote on controversial fuel transfer station amid environmental concerns

Bullet The San Diego Union-Tribune – October 8

The National City Council voted on Tuesday to postpone a decision on a proposed fuel transfer station after hours of public testimony and debate over environmental and health impacts. The proposed project would build a 24-hour facility on 7.5 acres of BNSF Railway land west of Interstate 5 to transfer renewable fuels from rail cars to trucks for regional distribution. Councilmembers voted to continue the item until Nov. 4, directing staff to work with the developer on potential revisions that could make the project net-zero emissions. City staff said the industrial site, previously cleaned under the state’s Toxic Substances Control program, would see about 72 truck trips a day moving 13,800 barrels of fuel, with spill containment and firefighting systems in place.

 
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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. Attorney Advertising.

© Allen Matkins

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