California Environmental Law & Policy Update - July 2015 #5

Allen Matkins
Contact

Environmental and Policy Focus

Extended deadline expected in Obama’s upcoming climate plan

New York Times - Jul 28

The final version of President Obama’s signature climate change policy, which may be unveiled as early as Monday, is expected to extend an earlier timeline for states to make significant cuts to greenhouse gas emissions from power plants. If finally adopted, the climate change plan could stand as the most significant action ever taken by an American president to curb global warming. But some environmental groups have cautioned that a later deadline for states to comply could make it tougher for the United States to meet the President's climate change pledges on the world stage. The plan includes rules targeting coal-fired power plants, the largest source of greenhouse emissions, and is intended to spur a transformation of the nation’s power sector from fossil fuels to renewable sources such as wind and solar.

Struggle to save endangered Santa Ana sucker may reach U.S. Supreme Court

Los Angeles Times - Jul 27

A 20-year struggle to protect a rare bottom-feeding fish from extinction appears headed toward resolution as Inland Empire cities and water agencies are asking the U.S. Supreme Court to intervene. Two cities and 10 water agencies say they will petition the Court to halt a U.S. Fish & Wildlife Service plan to try to save the Santa Ana sucker by restricting water uses on the Santa Ana River. The governments argue that the plan, upheld last month by the Ninth Circuit Court of Appeals, unfairly imposes restrictions on water conservation, groundwater recharge, and flood control operations that affect more than a million Southern California residents.

Environmental groups sue State, alleging lax enforcement of stormwater rules by Southern California cities

Courthouse News Service - Jul 29

The Natural Resources Defense Council and Los Angeles Waterkeeper sued the State Water Resources Control Board and the Los Angeles Regional Water Quality Control Board in superior court on July 24, alleging that these agencies have illegally exempted 84 cities in Los Angeles County from stormwater discharge rules by allowing the cities to work on stormwater discharge plans indefinitely. Discharge permits, issued to the cities by the Los Angeles Regional Water Quality Control Board in 2012, had been challenged by environmental groups before the State Water Resources Control Board, but the State Board approved the permits in 2015, with minor changes. The environmentalists claim the permits allow Southern California cities to dump illegal amounts of contaminated stormwater, endangering the environment and public health.

Golden State Warriors must address traffic issues to win key San Francisco arena ally

Contra Costa Times - Jul 28

The Golden State Warriors might have to limit events at its proposed San Francisco arena when the Giants are also in town at the nearby AT&T Park in order to receive the blessing of a key neighbor and potential ally. University of California, San Francisco leaders said Monday that they expect to back the Warriors' planned 18,500-seat arena across Third Street from the university's 4,000 person medical campus in San Francisco's Mission Bay neighborhood. But their support will be contingent on a deal intended to ensure that patients won't be stuck in traffic on game nights or any other night the arena is in use. Earlier this year, Governor Jerry Brown approved fast-track status for CEQA challenges to the arena project, which means a judge would have to rule on any lawsuit contesting whether the arena plan includes adequate traffic and other mitigation measures within 290 days.

Four National Parks in California earn ‘F’ for air quality

San Bernardino Sun - Jul 28

Joshua Tree, Sequoia, Kings Canyon, and Yosemite National Parks have the worst air quality of all of the U.S. national parks, according to a study released by the National Parks Conservation Association on Tuesday. Of the 48 national park sites analyzed, these four are the only ones that earned an “F” grade for polluted air in the NPCA study.

Imperial Irrigation District and Imperial County want $3 billion to restore Salton Sea

The Desert Sun - Jul 28

On Tuesday, the Imperial Irrigation District’s board of directors approved a plan for restoring the receding Salton Sea that would cost $3.15 billion to implement, and the irrigation district and the County of Imperial will ask the State to bear this expense. The new plan is less expensive than a $9 billion plan that died in the state Legislature, and local officials hope it will pressure state officials to live up to their promise to restore the Sea. The $3.15 billion would fund shovel-ready pilot projects and new geothermal energy development around the Salton Sea, California’s largest inland waterbody. The money would come from several sources, including fees from companies that emit greenhouse gases and the $7.5 billion water bond voters approved in November.

Los Angeles County supervisors compromise on Santa Monica Mountains vineyard ban

Los Angeles Times - Jul 28

After hearing from grape growers upset by a drought-inspired ban against new or expanded vineyards in the north Santa Monica Mountains, Los Angeles County supervisors compromised Tuesday, voting to extend the ban four months instead of 10 and letting existing permit applications proceed. The proposed 10-month extension was prompted by an influx of vineyard applications over the last year and concerns about water use and the environmental effects from such a potential rapid expansion of grape-growing operations. During the four months in which the ban will be extended, the county will study the potential effect of an influx of new vineyards and the types of new regulations on vineyards that might be warranted.

Appeals court upholds California's shark fin ban

KPCC - Jul 27

A federal appeals court on Monday dismissed a legal challenge to a California law banning the sale, distribution, and possession of shark fins. The legislation does not conflict with a 19th-century law that gives federal officials authority to manage shark fishing off the California coast or significantly interfere with interstate commerce, the Ninth Circuit Court of Appeals said. The 2-1 ruling upheld a lower court decision dismissing the lawsuit brought by the Chinatown Neighborhood Association and Asian Americans for Political Advancement, a political action committee. The groups had argued that the ban, passed in 2011, unfairly targeted the Chinese community, which considers shark fin soup a delicacy.

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

Written by:

Allen Matkins
Contact
more
less

Allen Matkins on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide