California Environmental Law & Policy Update 11.03.23

Allen Matkins
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CalEnvLawPolcyUpd

Project plans for the Sites Reservoir in Northern California finalized

Bullet ABC10 – November 2

The future of California water storage reached a major milestone on Thursday with the finalization of plans for the Sites Reservoir in Northern California. The reservoir would be the second largest off-stream reservoir in the nation and would increase Northern California’s water storage capacity by up to 15%, according to the Bureau of Reclamation. It will deliver water primarily during dry periods or drought. The project area, about an hour north of Sacramento, is currently being used for livestock and cattle grazing. The original plans had the reservoir at 1.9 million acre-feet, but its capacity was reduced to 1.5 million acre-feet following an economic feasibility review.


News

Bayer ordered to pay $332M in Roundup cancer trial

Bullet Reuters – October 31

A California jury on Tuesday found Bayer liable in a case brought by a man who claimed his cancer was due to exposure to the company's Roundup weed killer and ordered it to pay $332 million in damages. The verdict includes $7 million in compensatory damages and $325 million in punitive damages. The plaintiff was diagnosed at age 51 with a form of non-Hodgkins lymphoma, according to a spokesperson for the company. The punitive damage award is almost certain to be reduced sharply, as the U.S. Supreme Court has found that punitive damages should be less than 10 times the compensatory damages in virtually all cases.


New plan for fossil-fuel drilling on the edge of San Francisco Bay

Bullet San Francisco Chronicle – October 31

Two years after public opposition halted a bid to drill for natural gas in Suisun Marsh next to San Francisco Bay, a Florida energy company is taking another run at it. Lantos Energy LLC applied to Solano County last month to construct a well and a possible pipeline alongside wetlands about 10 miles east of Benicia. Solano County’s Department of Resource Management has determined, despite emerging criticism, that the proposed drilling operation will have no “potentially significant adverse environmental impacts,” clearing the way for the county’s Planning Commission to decide whether the proposal should move forward, likely early next year. Approvals from several state agencies will also be required.


Arrowhead bottled water company sues to continue piping from California forest

Bullet Los Angeles Times – October 27

The company that sells Arrowhead 100% Mountain Spring Water is suing to challenge California regulators’ recent ruling that the company must stop drawing water from sources in the San Bernardino National Forest for bottling. BlueTriton Brands filed the lawsuit this month in Fresno County Superior Court, arguing in its complaint that the State Water Resources Control Board overstepped its authority “far beyond what California law allows.” Based on a determination by Board staff that the company had been unlawfully diverting water without valid water rights, the Board ordered BlueTriton to stop taking water for bottling from most of its water collection tunnels and boreholes.


Environmental groups score win in Kern River dispute

Bullet Courthouse News Service – October 30

A California state court judge on Monday temporarily blocked Bakersfield from reducing water flow on the Kern River. Kern County Superior Court Judge Greg Pulskamp granted the plaintiff environmental groups a preliminary injunction, finding that Bakersfield must keep water flows at a sufficient level to support fish downstream of six weirs. Additionally, the judge held that the city and plaintiffs must have good faith consultations to determine flow rates that will comply with the ruling. The plaintiffs sued the city last year, arguing that water diversions damaged and threatened the river’s ecosystem and reduced wildlife habitats.


Plans to build Central Coast crude oil pipeline withdrawn due to ‘environmental impacts’

Bullet The Tribune – October 30

Pacific Pipeline Company has dropped its efforts to build a replacement crude oil pipeline through Santa Barbara County and apparently will focus on restarting the existing lines it purchased from Plains All American. The company recently filed a withdrawal letter with the county, saying: “We find the potential environmental impacts associated with the major construction of a second pipeline unnecessary and avoidable.” The pipeline from offshore platforms to out-of-county refineries has been shut down since the 2015 Refugio oil spill. Investigators found that owner and operator Plains All American Pipeline failed to detect the leak and the pipe corrosion that caused it, and a Santa Barbara Superior Court found Plains All American Pipeline liable for knowingly discharging crude oil into state waters.

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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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