Environmentalists win in dispute over China Shipping terminal pollution

Courthouse News Service – January 22

A California appellate panel has handed environmental and community groups a legal victory in their decades-long dispute with the Port of Los Angeles over its failure to enforce air pollution controls at China Shipping's container terminal. The ruling by the Fourth Appellate District orders San Diego Superior Court Judge Timothy Taylor to take a tougher line with the Port of Los Angeles, and even suggests a few options, including shutting down the terminal until certain environmental requirements are met. The Port of Los Angeles, along with an adjacent port in Long Beach, handles about 64% of all shipping on the West Coast.

News

In ruling against Oakland, judge offers developer a choice: money or coal?

The Mercury News – January 24

A judge on Tuesday granted new life to a development at the Port of Oakland that could eventually store large shipments of a product Oakland has spent years trying to keep out of the city: Coal. The decision by Alameda Superior Court Judge Noël Wise will extend to 2026 a long-standing lease held by developer Phil Tagami, who has sought for a decade to oversee construction of a 34-acre marine terminal at the port, from which another company would ship coal mined in the U.S. overseas. The judge sided with Tagami’s claim that Oakland unfairly terminated its lease agreement with the developer and was responsible for missed deadlines that it then used against him in his attempt to pursue the project. The court offered Tagami a choice: either continue trying to build the terminal or take nearly $318,000 in damages and walk away. Tagami has chosen the former and the city has filed an appeal.

Lawsuit could block massive lithium project near Salton Sea

Palm Springs Desert Sun – January 25

The Hell's Kitchen 1 lithium extraction and geothermal power plant, the first of as many as seven that are planned at the edge of the Salton Sea by developer Controlled Thermal Resources (CTR), received unanimous approvals this Tuesday from the Imperial County Board of Supervisors. As soon as Tuesday's votes concluded, counsel for an environmental group handed the board clerk written notice of intent to sue to overturn the approvals because of what the group says were inadequate environmental reviews of potential harm from the project to the area's destitute residents, who suffer elevated rates of asthma and heart disease. Rod Colwell, chief executive officer of CTR, strongly defended the project and its environmental bona fides, stating that CTR has "designed the cleanest clean energy project on the planet."

EPA sends vehicle emissions reduction plan to White House for review

Reuters – January 19

The U.S. Environmental Protection Agency (EPA) sent to the White House for review its proposal to finalize sweeping emissions cuts for new cars and trucks through 2032 that could drastically boost electric vehicle sales. EPA in April proposed requiring a 56% reduction in projected fleet average emissions over 2026 model year requirements. Under the initial EPA proposal, automakers are forecast to produce 60% EVs by 2030 and 67% by 2032 to meet requirements. The draft final rule, sent last Thursday to the White House Office of Information and Regulatory Affairs, is undergoing interagency review after more than 250,000 public comments were filed, EPA said last Friday.

Elected officials, environmentalists oppose East Otay Mesa project that voters approved

The San Diego Union-Tribune – January 24

More than a decade ago, San Diego County voters agreed that a new landfill and recycling center should be built in East Otay Mesa because disposal capacity was then presumed to be exhausted by 2030. The 2022 county waste management plan, however, indicates that existing landfills will have “an overall capacity estimated to last through 2053,” and that waste-reduction efforts will further decrease the amount of trash sent to landfills. A group of environmentalists, elected officials, and community leaders is now arguing that the landfill development is not needed and that it would further exacerbate the Tijuana sewage crisis. Developer National Enterprises is apparently moving forward with the project. An environmental impact report is being prepared to ensure the project is compliant with the California Environmental Quality Act.