Governor Newsom proposes new plan for San Joaquin River Delta
U.S. News & World Report – February 4
Governor Gavin Newsom revealed a novel approach Tuesday to managing the San Joaquin River Delta that would keep more water in the fragile delta while restoring 60,000 acres of habitat for endangered species and generating more than $5 billion in new funding for environmental improvements. California has historically regulated water usage by issuing rules, which are often challenged in court by farmers or environmental groups. The Newsom administration has taken a new approach -- negotiating with water agencies for the past year to reach 15-year “voluntary agreements” with “partnership and oversight from environmental groups.” The framework announced this week would increase the amount of water flowing through the delta by up to 900,000 acre feet in years when conditions are dry, below normal or above normal. The administration and water agencies still have legal and policy issues to resolve, and the State Water Resources Control Board must conduct a third-party scientific review, before the agreements can be finalized.
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News
PFAS contamination triggers widespread closures of water wells
The Orange County Register – February 5
The State Water Board lowered the response levels for two types of per- and polyfluoroalkyl substances (PFAS) chemicals in drinking water - perfluorooctanoic acid (PFOA) and perfluoroctane sulfonate (PFOS) - triggering the potential closure of drinking water wells throughout California. In Orange County, 71 of the 200 drinking water wells in Orange County Water District’s service area of 2.5 million residents could be shut down as a result of PFAS. The new response levels of 10 parts per trillion for PFOA and 40 parts per trillion for PFOS require water purveyors with wells exceeding those new benchmarks, as a four quarter average, to either shut down those wells, treat the water to remove the chemicals, or notify customers in writing of the levels in their drinking water.
Regional EPA chief in California is suddenly removed from his job
Los Angeles Times – February 5
The U.S. Environmental Protection Agency’s (EPA) top official in California was abruptly removed from office Wednesday. No reason has yet been given for Mike Stoker’s dismissal. Deborah Jordan, the region’s deputy administrator, will take over as acting head of Region 9, which includes California, Nevada, Arizona, Hawaii, the Pacific Island Territories, and 148 Indian tribes. She has been deputy administrator since 2016. Before that, she worked on Clean Air Act regulatory matters for both EPA headquarters and Region 9. Stoker’s tenure was mired in controversy. In 2018, a few months after he was appointed regional administrator, a “hotline” complaint was filed with the EPA’s inspector general regarding his infrequent visits to the region’s main office, in San Francisco. In March 2019, the EPA’s inspector general issued a “management alert.” It showed that Stoker spent only 20 percent of his time in San Francisco, where 90 percent of the staff is based.
San Diego leaders say $300M in new federal funding will help build U.S. facility to capture Tijuana River pollution
The San Diego Union-Tribune – January 31
The San Diego region has secured $300 million in federal funding for a new U.S. facility to capture Tijuana sewage spills, elected leaders said last Friday. The approach is a shift from longstanding efforts to help Mexico maintain its wastewater system in Tijuana and instead build a roughly $400 million facility north of the border to intercept and treat pollution coming from Tijuana. It is estimated the project could reduce cross-border flows from roughly 138 days a year on average down to about 12. The increase in federal resources comes after the state of California, as well as the cities of Imperial Beach, Chula Vista and San Diego, have filed Clean Water Act lawsuits against the federal government to force action on the issue.
Department of Defense watchdog will review military’s use of PFAS chemicals
The Hill – February 3
The Pentagon’s Office of Inspector General (OIG) will review the Department of Defense’s response to PFAS, an ingredient of fire-fighting foams commonly used by the Air Force and other branches of the military. The OIG review is a response to a request spearheaded by Rep. Dan Kildee (D-Mich.) that asked how long the DOD has known that PFAS, which has found to have contaminated water in at least 425 military sites, was harmful to human health, how the military will address cleaning up the substance, and how it will take care of service members and communities harmed by PFAS. OIG’s decision could serve as a road map, not only for the DOD but also for lawmakers eager to make sure funds allocated for cleanup are being used effectively.
Critics seek court’s help to stop Eastgate project bound for San Bernardino airport
San Bernardino Sun – January 30
Environmentalists and a local labor union filed a petition for review with the Ninth Circuit Court of Appeals last week, claiming the Federal Aviation Administration (FAA) violated the National Environmental Policy Act last month in approving the nearly 660,000-square-foot Eastgate air cargo logistics center at San Bernardino International Airport. In December 2019, the FAA found the Eastgate project met federal requirements and would not significantly affect the environment, contrary to the position taken by the California Attorney General that the Draft Environmental Assessment submitted to the FAA did not address the significant and unavoidable impacts to air quality, climate change, and noise identified by airport officials during a 2018 environmental review of the project. Critics continue to fight for the inclusion of a Community Benefits Agreement (CBA) in the project, to include funding of an aircraft noise mitigation program; scheduled noise mitigation work; restrictions on nighttime departures to reduce noise; job training for airport and aviation-related jobs; a local hire requirement; a living wage; an air quality study; and other mutually-beneficial conditions. The developer contends that the CBA would violate FAA grant assurances and deed restrictions.
Agua Caliente files new lawsuit against Coachella Valley water districts
The Desert Sun – January 28
The Agua Caliente Band of Cahuilla Indians has filed a second lawsuit against the Coachella Valley Water District and Desert Water Agency over groundwater. The first lawsuit filed by the tribe against the districts over rights to groundwater access has been pending since 2013; however courts have already agreed with the tribe’s contention that it has a reserved right to groundwater from the aquifer below reservation. In the new complaint filed on January 24, the tribe asserts that it and its members should not have to pay a “replenishment assessment charge,” which is only charged to big water uses that use a well or multiple wells that pump over 25 acre-feet from the aquifer annually, for groundwater production on land owned by the tribe and individual tribal members. The tribe argues that the charge infringes upon its authority, as a sovereign nation, to self-govern and on the tribe’s federally reserved groundwater rights.
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