California Environmental Law & Policy Update - September 2016 #5

Allen Matkins
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Environmental and Policy Focus

Shell Oil settles charges regarding claims for underground tank cleanup reimbursements

Sacramento Bee - Sep 23

Shell Oil Co. has agreed to settle charges that it submitted claims to the State Water Resources Control Board's (SWRCB) Underground Storage Tank Cleanup Fund for reimbursement of cleanup costs that were also paid by insurance companies or through other sources. Under the settlement, Shell permanently forfeits its claims for reimbursement at 100 sites, and agrees to pay $20 million in penalties. Officials with the SWRCB had challenged Shell’s claims starting in 2007. Then, in 2010, a whistleblower sued Shell in Sacramento Superior Court, charging that the company had been seeking reimbursement for costs that already were covered by other sources, thereby disqualifying them from reimbursement from the Fund. Even with the 100 claims that have been disallowed, Shell still has about 900 claims pending with the state cleanup fund, a SWRCB official said.

Atherton loses lawsuit over Caltrain electrification project

The Almanac - Sep 28

Contra Costa County Superior Court Judge Barry Goode has ruled against the City of Atherton and other plaintiffs that had tried to stop progress on Caltrain's electrification project by claiming the project's environmental report was flawed. The lawsuit, filed in February 2015, involved claims that the electrification project and the state's high-speed-rail project, which is funding the electrification project, are so closely tied together that any environmental impact report for the electrification project had to consider possible impacts of both projects on the San Francisco Peninsula. Judge Goode held that the high-speed rail and the electrification projects are separate projects.

L.A. County wants health impact study of Porter Ranch gas leak and Exide battery plant pollution

Los Angeles Times - Sep 28

Contra Costa County Superior Court Judge Barry Goode has ruled against the City of Atherton and other plaintiffs that had tried to stop progress on Caltrain's electrification project by claiming the project's environmental report was flawed. The lawsuit, filed in February 2015, involved claims that the electrification project and the state's high-speed-rail project, which is funding the electrification project, are so closely tied together that any environmental impact report for the electrification project had to consider possible impacts of both projects on the San Francisco Peninsula. Judge Goode held that the high-speed rail and the electrification projects are separate projects.

California farmers drilling wells as groundwater limits loom

Sacramento Bee - Sep 25

Two years after Governor Jerry Brown signed a bill designed to limit groundwater pumping in California, new wells are going in faster and deeper than ever. Farmers dug about 2,500 wells in the San Joaquin Valley last year alone, the highest number on record. That was five times the annual average for the previous 30 years. Regulation under the new groundwater law won't begin until 2020. One reason for the increase in wells is farmers with older, shallower wells are afraid of losing water to neighbors who are digging deeper wells, so they invest hundreds of thousands of dollars to drill their own new wells.

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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