California Environmental Law & Policy Update - May 2022 #4

Allen Matkins
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California adopts emergency water conservation regulations

Bullet Los Angeles Times - May 24

The State Water Resources Control Board on Tuesday voted to adopt emergency drought rules that increase conservation requirements for water suppliers throughout the state and prohibit the watering of ornamental grass at businesses and in common areas of subdivisions and homeowners associations. The regulations also forbid the use of drinking water for irrigating “non-functional” grass at commercial, industrial, and institutional properties. The measures, adopted following an executive order by Governor Gavin Newsom, also require local water suppliers statewide to activate “Level 2” of their local contingency plans to prepare for a shortage of up to 20%.


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Vineyard developer faces large fine for alleged environmental damage

Bullet NBC Bay Area – May 24

A Sonoma County vineyard and its manager are facing a multi-million-dollar state fine for allegedly removing trees and destroying a small wetland on a rural patch of land east of Cloverdale. Hugh Reimers and Krasilsa Pacific Farms could be liable for over $3.75 million in fines for allegedly cutting down trees, grading, ripping, and other activities near tributaries in the Russian River Watershed, according to the North Coast Regional Water Quality Control Board. In a complaint filed May 9, the Board also accused Reimers and Krasilsa Pacific Farms of failing to abide by a 2019 cleanup and abatement order which required them to restore the streams and wetlands.


SEC unveils rules to prevent misleading ESG claims and enhance disclosures

Bullet CNBC – May 25

The SEC on Wednesday proposed two rule changes that would prevent misleading or deceptive claims by U.S. investment funds on their environmental, social, and corporate governance (ESG) qualifications and increase disclosure requirements for those funds. The proposals come amid mounting concerns that some funds seeking to profit from the rise in ESG investing practices have misled shareholders over the nature of their holdings, a practice known as greenwashing.


California moves to curb harmful tire pollutant collecting in Bay, threatening wildlife

Bullet ABC7 News – May 25

The California Department of Toxic Substances Control (DTSC) on Monday announced plans to require tire manufacturers to develop an alternative for the chemical 6PPD, which is currently used as a preservative. Recent research has shown that as tire rubber disintegrates, it spreads micro particles, including 6PPD, which can end up in storm drains and waterways, harming threatened coho salmon. The public comment period for DTSC’s proposal ends on July 5.


Tribes and environmental groups demand better management of the Bay-Delta

Bullet Capital Public Radio – May 24

Tribes and environmental groups submitted a petition to the State Water Resources Control Board on Tuesday demanding better management of the Bay-Delta. In the petition, the groups seek a comprehensive review of the Bay-Delta’s water quality standards. They also ask that tribes and impacted communities be included in future discussions about managing the Bay-Delta. The Board has 30 days to respond to the petition.


Battle over California bee protection continues

Bullet Courthouse News Service – May 24

The California Court of Appeal on Monday heard arguments as to whether native bumble bees should be protected under the California Endangered Species Act (CESA). In 2018, various environmental groups petitioned the California Fish and Game Commission to list four species of bumble bees as endangered under CESA. Large agricultural interests responded with a lawsuit in Sacramento County Superior Court, which resulted in a 2020 ruling that the commission lacked authority to protect native insects. The environmental groups appealed, leading to Monday’s hearing. A final decision is expected in approximately three months.

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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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