Focus
Federal judge rules California-Quebec cap-and-trade agreement is valid
San Francisco Chronicle – March 12
California’s agreement with Quebec to share cap-and-trade markets to reduce greenhouse gases survived its first federal court test this Thursday in a lawsuit filed by the federal government. U.S. District Judge William Shubb, in the U.S. District Court for the Eastern District of California, ruled that the first-of-its-kind agreement, which took effect in 2014, did not amount to a treaty or international compact in violation of the federal government’s exclusive constitutional authority. He noted that the agreement does not expand California’s regulatory police powers—which include the power to enact legislation to regulate greenhouse gas emissions and air pollution—and that the state is free to withdraw from the deal or modify its terms at any time. The court deferred consideration of additional claims that the California-Quebec program interfered with federal authority over international affairs and foreign commerce. But the claims dismissed this week were the administration’s chief arguments to invalidate the agreement. The ruling remains subject to appeal by the Trump administration.
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News
Environmental groups critique shipping container fees enacted by Los Angeles and Long Beach ports
Los Angeles Times – March 9
Los Angeles and Long Beach harbor commissioners voted on Monday to impose a $20 fee on each shipping container moving through the nation’s largest port complex, a first step to help fund truckers' replacement of their diesel vehicles with lower-polluting models. Cargo owners, including retailers and manufacturers, will be obligated to pay the fees. Environmental activists, community groups, and air quality officials criticized the fee as insufficient to meet greenhouse gas reduction targets and said it will do little to reduce health damage in communities across Southern California. The commissioners imposed a fee on the low end of the range studied—and far less than the $70 per container fee imposed under the ports' 2006 Clean Air Action Plan—given the trade war with China and a global slowdown in goods movement from the coronavirus.
EPA proposes more stringent rules to monitor runoff at transportation facilities
Transport Topics – March 9
The U.S. Environmental Protection Agency (EPA) is looking to expand its permitting authority to regulate activities at motor freight transportation facilities and other industrial sectors, which are often exposed to stormwater runoff that could discharge pollutants into nearby bodies of water or storm sewer systems. Several states, including California, have their own stormwater permit requirements, but use the EPA Multi-Sector Permit requirements as a model. Depending on EPA's changes to the new federal requirements, states may need to amend their current standards. In a related development, the California Trucking Association has warned California motor carriers that they are increasingly becoming targets of citizen suits and state administrative actions seeking penalties for not having stormwater permits. With the adoption of Senate Bill 205 in California, effective Jan. 1, applicable facilities will need to prove they have stormwater permit coverage in order to apply for or renew their business license.
State orders permanent shutdown of oil drilling site near USC
Los Angeles Times – March 6
The California Geologic Energy Management Division has ordered Allenco Energy to plug wells and decommission a controversial oil drilling site in south Los Angeles near USC. The regulator found that Allenco Energy had “deserted” the facility and failed to properly fix leaks that showed that the wells were deteriorating. In a letter last month, the company informed the agency that it was in the process of liquidating and planned to sell its portion of the South Los Angeles site. Allenco complained the state had changed the rules, making it too hard and expensive to reopen the site. The decision marks the latest turn in a lengthy saga over the site near USC, which became the focus of a flurry of neighborhood protests and government investigations. Allenco Energy agreed to suspend operations there more than six years ago, after neighbors complained of negative health effects.
Doctors group wants processed meats added to California’s cancer-warning list
San Francisco Chronicle – March 11
The Physicians Committee for Responsible Medicine California filed a lawsuit in Sacramento County Superior Court this Wednesday seeking to add Proposition 65 warnings to processed meats, like hot dogs, corned beef, and bacon. Proposition 65, approved by California voters in 1986, requires warning labels on products the state has found to be likely causes of cancer or birth defects. In June 2015, an arm of the World Health Organization classified processed meats as “carcinogenic to humans,” its highest level of risk, based on more than 400 studies.
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