California Environmental Law & Policy Update - September 2015 #4

Allen Matkins
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Environmental and Policy Focus

Volkswagen says 11 million cars may be involved in emissions scandal; probes multiply

Reuters - Sep 23

Volkswagen AG said a scandal over falsified U.S. vehicle emission tests could affect 11 million of its cars around the globe as investigations of its diesel models multiplied. It also warned that the number of affected vehicles could rise, noting that diesel cars with so-called Type EA 189 engines built into Volkswagen models worldwide had shown a "noticeable deviation" in emission levels between testing and road use. The U.S. Environmental Protection Agency said on Friday that Volkswagen could face penalties of up to $18 billion for cheating emissions tests. In addition, the U.S. Justice Department has launched a criminal probe, a source familiar with the matter said. Former prosecutors not involved with the investigation also suggested that the inquiry is likely to examine not only possible violations of the Clean Air Act but also statutes criminalizing wire fraud and false statements to regulators.

Pollution controls reduce toxic chemical concentrations in California

Sacramento Bee - Sep 21

The concentration of seven toxic chemicals responsible for most of the known cancer risk from airborne contaminants in California dropped between 1990 and 2012, a study by the California Air Resources Board has found. Published this month in the journal Environmental Science & Technology, the study found steep reductions in airborne concentrations of chemicals such as benzene and perchloroethylene, which is used in dry cleaning. Declines in particulate matter, another pollutant, were attributed to practices mandated by the Board such as requiring particulate filters on diesel trucks, or the purchase of new, less polluting diesel truck fleets. The Board also offered grants encouraging dry cleaners to switch to more environmentally friendly processes, such as wet cleaning or the use of hydrocarbon cleaning machines. The collective cancer risk from exposure to the seven chemicals fell by 76 percent over the 23-year period.

Metropolitan Water District aims to build plant to recycle sewage into drinking water

Los Angeles Times - Sep 22

The Metropolitan Water District (MWD) announced that it plans to invest in what would be one of the world's largest plants to recycle sewage into drinking water. The plan would thrust Los Angeles County into the forefront of a small but growing number of areas embracing technology to recycle waste water to meet the potable water needs of their residents. It comes after four years of drought that have sparked questions about the long-term reliability of some water supplies. For the MWD, its expanded involvement in water recycling is also a powerful statement that Southern California cannot count on imported water alone to serve a growing population.

U.S. trying to protect sage grouse without listing it as an endangered species

New York Times - Sep 22

The Obama administration announced on Tuesday that the greater sage grouse, a flamboyant bird that roams across 11 Western states, does not warrant a listing as an endangered species, an action that could have damaged oil and natural gas interests and the economies of many local communities. Federal officials described the efforts to avert a listing as the most complex and complete land conservation plan ever developed to arrest the decades-long decline of the chickenlike bird, including mapping of nesting sites and migration corridors for protection from power lines and roads; measures to avert and fight fires that threaten sage grass habitat; and directing oil and gas companies to use directional drilling to avoid areas sensitive for bird survival.

Inland Empire water users seek high court review of Santa Ana sucker restoration plan

KPCC - Sep 22

A twenty-year battle over how to protect a small bottom-feeding fish on the Santa Ana River may go to the U.S. Supreme Court. Federal wildlife officials assert that the Santa Ana sucker needs protection, and that keeping water in the Santa Ana River is the best way to do it. A restoration plan currently in the works restricts how much water Inland Empire residents can take from the river. Two cities and 10 water agencies sued to set aside the plan, arguing that federal law requires wildlife officials to work with local agencies where water is concerned. Earlier this year, the 9th Circuit Court of Appeals rejected the claim and upheld the restoration plan. Now the Inland Empire agencies have petitioned the Supreme Court to take up the matter. According to the cities and water agencies, water supplies for more than 1 million Southern California water users hang in the balance.

Environmental group urges U.S. Fish and Wildlife Service to act on California coastal refuge

Courthouse News Service - Sep 22

The federal government had 15 years to create a conservation plan for a wildlife refuge neighboring California's only beach with vehicle access, but missed its deadline, according to a lawsuit filed last week. The Friends of Oceano Dunes claims the U.S. Fish and Wildlife Service has had 15 years to write a comprehensive conservation plan for the Guadalupe-Nipomo Dunes National Wildlife Refuge, but failed to do so. The Refuge, in San Luis Obispo and Santa Barbara counties, includes one of the largest coastal dunes systems in California. It was created in part to protect breeding habitat for the California least tern and the threatened western snowy plover.

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