California Environmental Law & Policy Update 2.02.24

Allen Matkins
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Business and agricultural groups sue California over new climate disclosure laws

Bullet Associated Press – January 30

The U.S. Chamber of Commerce, California Chamber of Commerce, American Farm Bureau Federation, and other groups sued California on Tuesday in federal court over the most sweeping climate disclosure mandates in the nation, arguing the policies signed by Governor Gavin Newsom last year overstep the federal government’s authority to regulate emissions nationwide. The groups argue that the new rules go too far in part because they apply to companies headquartered outside of California if they do business in the state. The groups also allege the laws infringe upon the First Amendment by requiring companies to comment on what the lawsuit calls a “politically fraught” topic — climate change.


News

EPA proposes that PFAS compounds be considered hazardous constituents

Bullet NPR – February 2

The U.S. Environmental Protection Agency (EPA) is proposing that nine PFAS compounds be categorized as hazardous to human health. The agency signed a proposal Wednesday that would deem the chemicals “hazardous constituents” under the Resource Conservation and Recovery Act. For the agency to consider a substance a hazardous constituent, it must be toxic or cause cancer, genetic mutations, or the malformations of an embryo. The full list of the nine substances can be found here. PFAS, or per-and polyfluoroalkyl substances, include thousands of man-made chemicals. PFAS are often used in the manufacture of a broad range of products, including nonstick cookware, adhesives, firefighting foam, artificial turf, and more. The proposed rule will be open for public comment for 60 days once it is published in the Federal Register.


Governor Newsom backs dam removal projects to boost salmon. Critics say that's not enough

Bullet U.S. News & World Report – January 30

Governor Gavin Newsom is pledging to fast-track more than a half dozen projects by the end of his term to remove or bypass dams that have blocked salmon from returning to the streams of their birth to lay eggs. Millions of salmon once filled California’s rivers and streams each year, but, in 2023, there were so few salmon in the state’s rivers that officials closed the commercial salmon fishing season. The dam removal projects have already been announced and are in the early stages of development. Newsom plans to either complete the projects or have them approved by state regulatory bodies before he leaves office.


Owner, employees of San Diego-based Lamb Fuels face charges for selling waste fuel to gas stations

Bullet Times of San Diego – January 29

A San Diego County-based petroleum transportation company, its owner, and two employees are facing criminal charges for allegedly gathering fuel at scrapyards and then selling it to gas stations, the California Attorney General’s Office announced Monday. Prosecutors allege Lamb Fuels’ truck drivers were told to collect, treat, and deliver waste fuel, which the AG’s office said “consisted of contaminated fuel drained from wrecked and abandoned vehicles” and “contains contaminants that may harm vehicles and the environment.” The alleged practice occurred from 2012 to 2021 in multiple counties across the state according to a criminal complaint that lists more than three dozen felony counts, including conspiracy, treatment of hazardous waste at an unauthorized facility, and transportation of hazardous waste to an unauthorized facility.


Governor Newsom again asks Congress for funding for sewage crisis

Bullet The San Diego Union-Tribune – January 30

Governor Gavin Newsom and other elected officials are ramping up the pressure to get Congress to approve $310 million in emergency spending to fix the cross-border sewage crisis that is expected to worsen with another major storm headed for the region this week. On Monday, Newsom wrote a letter to Senate and House leaders urging them to approve President Joe Biden’s October request to include the funding in a supplemental appropriations bill. The money would go toward fixing and expanding the failing and outdated wastewater treatment plant at the U.S.-Mexico border that repeatedly overflows with Tijuana sewage.

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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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