California Environmental Law & Policy Update 4.3.26

Allen Matkins
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EPA moves to designate microplastics and pharmaceuticals as contaminants in drinking water

Bullet Associated Press – April 2

The U.S. Environmental Protection Agency (EPA) proposed Thursday to include microplastics and pharmaceuticals on a list of contaminants in drinking water for the first time. EPA’s new draft Contaminant Candidate List includes four contaminant groups: microplastics, pharmaceuticals, PFAS, and disinfection byproducts, as well as 75 chemicals and nine microbes that may be found in drinking water. The EPA’s Contaminant Candidate List identifies contaminants in drinking water not regulated under the Safe Drinking Water Act. The EPA uses the list to prioritize research, funding, and regulatory decision-making, but rarely moves pollutants off the list to set limits for how much is allowed in public drinking water. The EPA said in March that it will not develop regulations for any of the nine pollutants from the list it most recently examined.


News

Trump exempts oil drilling companies from the Endangered Species Act in the Gulf of Mexico by invoking special powers

Bullet ABC News – April 2

In a push to expand oil production, the federal government has invoked special powers of a rarely used federal panel to bypass the Endangered Species Act in the Gulf of Mexico, home to several endangered species, including sea turtles and a rare whale species believed to be on the brink of extinction. The committee, which includes the heads of several federal agencies, all now run by Trump appointees, issued an exemption this Tuesday allowing oil and gas companies drilling in the Gulf of Mexico to proceed without complying with the Endangered Species Act. The exemption was permitted by a judge on the grounds of national security. Environmental groups said legal challenges are forthcoming.


EPA budget would be cut in half with Trump’s 2027 proposal

Bullet Bloomberg Law – April 3

The White House wants to cut the EPA’s budget by 52% in fiscal 2027, according to President Donald Trump’s annual spending request released today. The biggest cuts would include the full elimination of the EPA’s environmental justice program, an end to state revolving funds on the grounds that states should be responsible for financing their own water infrastructure projects, and the elimination of categorical grants. The proposal is traditionally viewed as a starting point for negotiations.


Mountain View and Sunnyvale slapped with $1.2M fines for sewage pollution in creek

Bullet Mountain View Voice – April 3

The cities of Mountain View and Sunnyvale are each facing nearly $1.2 million in civil penalties after a judge ruled on Tuesday that they have been violating federal law by allowing raw sewage to get into Stevens Creek through their stormwater systems, posing serious health risks. U.S. District Judge Edward Davila imposed the fines due to the cities’ failure to comply with the requirements of permits which are mandated by the Clean Water Act, which regulates the discharge of waste into U.S. waters and sets quality standards. The penalties will be paid to the federal government.


Sparse snowpack in California fuels concern over fast-approaching fire season

Bullet CalMatters – April 2

California had its second-worst snowpack on record at a measurement Wednesday, a worrisome signal for fire season. Though precipitation to date has been near average, much of it fell as rain rather than snow, and much of the snow that that did fall has melted during March’s record-breaking heat. Only the extreme drought year of 2015 beat this year’s snowpack for the worst on record.


Feds fail to strike oil over California drilling law

Bullet Courthouse News Service – March 31

The U.S. District Court for the Eastern District of California this Tuesday ruled that Senate Bill 1137, a state law barring oil and gas drilling in some areas, would remain intact, despite the federal government’s attempt to halt it. Passed in 2022, the law prohibits the approval of new oil or gas wells, or reworking existing wells, in health protection zones. That excludes wells from being within 3,200 feet of residences, schools, and hospitals. The government sought to enjoin the law on the grounds that it impacts federal revenue and improperly infringes on federal sovereignty, but U.S. District Judge Dena Coggins called the law a reasonable environmental regulation.

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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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