Monterey County's voter-approved ban on new oil and gas wells is invalid because state law authorizes and promotes oil and gas production, the state Supreme Court ruled unanimously last Thursday. Next year, California voters will consider a related issue, a challenge by oil companies to a law requiring protective zones around new wells. Measure Z was approved by 56% of Monterey County voters in 2016 but has not taken effect because of lawsuits by fossil fuel companies. Sponsored by environmental groups, the ballot measure would have prohibited drilling new oil or gas wells in unincorporated areas of the county as well as wastewater injection and disposal. Supporters said it would combat pollution and climate change.
The U.S. Environmental Protection Agency (EPA) is renewing its approach to pesticide regulation to further its efforts to comply with the Endangered Species Act. The agency made its draft herbicide strategy available for public comment on July 24. The "multi-chemical, multi-species approach" is part of a years-long plan by EPA to author new guidelines that would facilitate compliance with the federal act and avoid costly litigation that has arisen from EPA's inability to meet its obligations. The new strategy includes mitigation measures to reduce the exposure of listed plants and animals to agricultural herbicides, such as requirements aimed at reducing pesticide transport via spray drift, runoff, and erosion. EPA will close the public comment period on September 22 and will issue a final strategy in early 2024.
A group that owns "Fast and Easy" gas stations will have to pay over $1 million in civil penalties and investigative costs stemming from an environmental enforcement action. According to the Yolo County District Attorney's office, on July 20, a Yolo County Superior Court judge approved a settlement ordering the ownership group to pay a combined $1.1 million in civil penalties and investigative costs for allegedly failing to comply with laws regulating hazardous wastes and hazardous materials at the gas stations, including those relating to the proper installation, monitoring, and operation of underground storage tanks to prevent and detect petroleum leaks to groundwater.
Genentech will pay $158,208 in civil penalties on account of hazardous waste violations in 2021 at its South San Francisco facility, EPA announced Tuesday. EPA inspectors identified those violations while at the facility in August 2021, finding that Genentech was storing waste without a permit while also failing to comply with requirements for hazardous waste storage and monitoring.
The California Department of Corrections and Rehabilitation will pay $1.7 million and undertake significant repairs, and other injunctive relief, in a federal lawsuit over stormwater discharges at a prison in Amador County. The consent decree filed last Wednesday stated the money will go toward defraying the costs of investigative, consultant, expert, and attorneys' fees and costs incurred by a citizen group and Amador County in bringing the suit and to monitor compliance with the Consent Decree in the future. The lawsuits were filed in 2020 and 2021, respectively, over Mule Creek State Prison's alleged violations of the Clean Water Act, as the prison collects stormwater and discharges it into Mule Creek.
Southern California became the first region in the country to pass a rule that will require certain food manufacturers to begin replacing their gas-powered ovens with electric models. The South Coast Air Quality Management District board approved the new regulations last Friday to help the region, which regularly ranks first in the country for certain types of air pollution, attain federally mandated targets for reducing nitrogen oxide (NOx) emissions. NOx is a major contributor to smog, which can cause or worsen asthma and other breathing problems. The first phase requires companies to replace burners that have been on their gas-powered ovens for 10 years with newer versions that are better at controlling NOx emissions. After phase two starts in 2027, some companies will need to start replacing older gas ovens with electric versions.
*This article may require a subscription to read.
[View source.]
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.
© Allen Matkins | Attorney Advertising
Refine your interests »
