California Environmental Law & Policy Update - 7.07.23

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California, truck manufacturers strike deal on emissions rules

Bullet Reuters – July 6

The California Air Resources Board (CARB) and the Truck and Engine Manufacturers Association said on Thursday that they had reached an agreement, referred to as the "Clean Truck Partnership," that gives new flexibility for manufacturers to meet emissions requirements while also reaching state goals for reducing emissions. In March, the U.S. Environmental Protection Agency (EPA) approved California's plans to require an increasing proportion of zero-emission heavy-duty trucks within the overall truck fleet. CARB said it will align its rules with EPA 2027 regulations for nitrogen oxide emissions. California plans to mandate by 2045 that all operations of medium- and heavy-duty vehicles be zero emission where feasible, shifting away from diesel-powered trucks.


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U.S. EPA proposes rule for disclosure of PFAS use by businesses

Bullet CBS News – July 3

A proposed federal rule would require companies to disclose whether their products contain perfluoroalkyl and polyfluoroalkyl (PFAS) compounds in the government's first attempt at cataloging the pervasiveness of the chemicals across the United States. Under EPA's proposed rule, companies would have to publicly disclose any PFAS that have been manufactured or imported between 2011 and the date when the rule takes effect, with no exemptions for small businesses or for impurities or byproducts cross-contaminating goods with PFAS. The rule excludes pesticides, foods and food additives, drugs, cosmetics, or medical devices regulated under the Federal Food, Drug, and Cosmetic Act, an agency spokesperson stated. It also is essentially a one-time reporting and record-keeping requirement — and companies wouldn’t need to provide updates.


Nearly half of the tap water in the U.S. is contaminated with PFAS compounds, government study finds

Bullet CNN – July 6

According to a new study from the U.S. Geological Survey, almost half of the tap water in the U.S. is contaminated with PFAS chemicals. The number of people drinking contaminated water may be even higher, however, as the study evaluated only 32 of more than 12,000 PFAS compounds, according to the National Institutes of Health. The authors of the study, published Wednesday in the journal Environmental International, said the study is the most comprehensive to date that includes both private wells and public water sources. The highest concentrations of PFAS in drinking water were found in the Great Plains, the Great Lakes, the Eastern Seaboard, and Central/Southern California, the study said. PFAS exposure is linked to problems like cancer, obesity, thyroid disease, high cholesterol, decreased fertility, liver damage, and hormone suppression, according to EPA.


Climate change driving expansion of federal Endangered Species Act

Bullet The Denver Gazette – July 4

The U.S. Department of the Interior is proposing an expansion of the federal Endangered Species Act. The final rule, published in the Federal Register on Monday, would allow the agency to establish experimental populations of endangered species in places outside of their normal historical habitat. Updating the rule will allow the U.S. Fish and Wildlife Service to keep pace with corresponding science, department officials said, which has shown that climate change and invasive species are pushing plants and animals into completely new geographic areas.


California to consider satellites, covers and flaring in landfill emissions rule update

Bullet Waste Dive – July 6

CARB is soliciting feedback on an update to its Landfill Methane Regulation for the first time since it was adopted in 2010, looking to reduce landfill emissions by an additional 10%. The proposed updates range from procedural to operational. CARB is looking to standardize the process used to gain approval for new methane tracking technology, improve best practices for landfill covers, and encourage more beneficial uses for captured gas, among other changes. The UN’s Intergovernmental Panel on Climate Change has determined that mitigating methane is an important focus area due to potency of the gas as a warming agent in the atmosphere. But reducing methane release from landfills requires accurate modeling, which EPA and state agencies have struggled to implement.


California quietly shelves $15 billion pension divestment bill

Bullet Whittier Daily News – July 5

The California State Assembly has shelved legislation that would have forced the country's two largest pension funds to divest an estimated $15 billion from oil and gas companies. Senate Bill 252, which passed the state Senate in May, won't be given a floor vote, according to the bill’s lead author, Senator Lena Gonzalez of Los Angeles County. The legislation has been converted to a two-year bill, meaning lawmakers will have the opportunity to address the measure in the next session. Under the proposal, the California Public Employees' Retirement System and the California State Teachers Retirement System would have been required to divest investments in large oil and gas companies by 2031 and halt any new investments by 2024.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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