Focus
New draft SCAQMD rule imposes compliance obligations regarding indirect source emissions from warehouses
Allen Matkins – April 24
The South Coast Air Quality Management District (SCAQMD) recently released a draft of a proposed rule, the Warehouse Indirect Source Rule (Warehouse ISR). The proposed rule aims to regulate “indirect source” emissions from the activities of all warehouses of a certain size within the SCAQMD’s jurisdiction (Orange County and portions of Los Angeles, Riverside, and San Bernardino Counties). In its current draft form, the Warehouse ISR will require the owners and operators of those warehouses to take specific actions each year to reduce indirect source emissions, pay a mitigation fee to offset the cost of indirect source emissions, or implement a combination of the two. Proposed actions that would count toward satisfaction of a warehouse owner or operator's points requirement under the Warehouse ISR include acquiring low or zero-emissions trucks, increasing the proportion of annual truck trips by low or zero-emissions trucks, and installing onsite zero-emissions charging or fueling infrastructure.
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News
Environmental groups sue over Navigable Waters Protection Rule
The Hill – April 29
Two separate coalitions of environmental groups sued the U.S. Environmental Protection Agency (EPA) this Wednesday, challenging the validity of the Navigable Waters Protection Rule, which was finalized by the EPA in January and published in the Federal Register last Tuesday. The new rule is the Trump Administration's final replacement of the Obama-era Waters of the United States (WOTUS) rule, which extended federal jurisdiction to smaller and seasonal water bodies that the new rule excludes. The environmental groups' lawsuits follow other challenges to the new rule, including a suit brought by ranchers on Monday alleging that the new rule did not go far enough in narrowing the scope of federal jurisdiction.
California faces multiple lawsuits over State Water Project
The Sacramento Bee – April 29
Three of the most powerful groups in the California water wars sued the state this week over Governor Gavin Newsom’s plan released in March for the Sacramento-San Joaquin Delta, the hub of California’s complex water delivery network. A lawsuit filed on Wednesday in Fresno County Superior Court by a coalition of environmental groups claims that Newsom’s plan, released in late March, does not adequately protect Chinook salmon and other endangered species from the pumping of water through the Delta to farms and cities in the southern half of the state. On the other side, local agencies that receive deliveries from the State Water Project and the federal government’s Central Valley Project filed their own lawsuits, saying Newsom went overboard in setting restrictions on water pumping that will result in significant new restrictions on supplies.
Environmental groups sue EPA over smog, air quality rules in Imperial County
Desert Sun – April 27
Two nonprofit advocacy groups this Monday sued the U.S. EPA in the U.S. Court of Appeals for the Ninth Circuit in an attempt to secure stricter air quality standards in Imperial County. The Center for Biological Diversity and the Center for Environmental Health asked the court to overturn the EPA’s decision to forgo further mandated emissions reductions in the county. The agency previously justified its decision by saying that the area’s poor air quality was caused by pollution crossing the border from Mexico, not by domestic sources. The American Lung Association released its State of the Air report this month, which analyzed pollution at the county level. El Centro, the county seat of Imperial County, ranked number 15 for worst ozone pollution and number eight for year-round particle pollution, while the county as a whole received a failing grade.
California scales up first-in-U.S. electric truck sale proposal
Associated Press – April 28
California regulators this Tuesday strengthened a proposed first-in-the-nation rule that would force automakers to sell more electric delivery vans and work trucks in a state with some of the country’s worst air quality. The updated rule proposed by the California Air Resources Board (CARB) would require automakers to sell a certain percentage of zero-emission trucks each year. By 2035 CARB estimates, at least 20 percent of these trucks on the road would be electric. The new rule reflects a major increase from the one CARB had previously proposed, which would have ensured that at least 4 percent of these trucks on the road would be electric. Regulators will take public comments on the new rule for the next 30 days, with a final vote by CARB expected in June.
Judge rules Los Altos violated state housing laws in blocking downtown project
Mountain View Voice – April 30
The development of a proposed five-story mixed-use project in downtown Los Altos can proceed after a Santa Clara County Superior Court judge found that the City had violated Senate Bill 35 and other state housing laws when it denied approval of the project last year. The April 24 ruling by Judge Helen Williams states that Los Altos must approve the 15-unit development, which takes advantage of both state and local density bonuses, and that the City acted in bad faith by blocking the project. The verdict is being hailed by housing advocates as a hard-fought victory that sets important precedent for the by-right housing law, which entitles qualifying residential projects with affordable housing components to streamlined approval. City officials expressed disappointment in the ruling but withheld further comment.
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