California Environmental Law & Policy Update 2.09.24

Allen Matkins
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New pollution rules could improve air quality in Bay Area, other parts of California

Bullet Times-Herald – February 7

The U.S. Environmental Protection Agency (EPA) on Wednesday set tougher standards for emissions of fine particulate matter or “PM 2.5,” saying the new standards would save thousands of lives nationwide. In the Bay Area, Santa Clara, Alameda, and Contra Costa Counties, as well as large parts of the Central Valley and Southern California, are expected to be out of compliance with the new rules when they come into effect. The current health standard for PM 2.5 is 12 micrograms per cubic meter (ug/m3). Under the new rules, the health standard will be reduced to 9 (ug/m3).


News

8 million-plus gallons of sewage spilled into Dominguez Channel, according to LA County update

Bullet Press-Telegram – February 6

Officials now estimate that roughly 8 million gallons of raw sewage spilled into the Dominguez Channel on Monday — a significant increase from the Los Angeles County Sanitation Districts’ previous 5 million-gallon estimate. The cause of that spill — and several other significant sewage spills in the South Bay coastal area recorded since Monday — is the pair of recent storm systems that have brought unprecedented amounts of rainfall to the region over the last week. The rainfall has put a significant strain on treatment plants and wastewater infrastructure, according to a Los Angeles County Sanitation Districts spokesperson.


Los Angeles smog woes worsen as U.S. EPA threatens to reject local pollution plan

Bullet Los Angeles Times – February 4

EPA is preparing to reject California’s plan to curb air pollution in Los Angeles, a consequential move that could result in stiff economic sanctions and potential federal regulatory oversight of the nation’s smoggiest region. California air regulators acknowledge that the region still needs to reduce smog-forming nitrogen oxides by more than 100 tons per day to achieve the 1997 standard for ozone. However, the South Coast Air Quality Management District proposal calls on the federal government to make most of those cuts — at least 67 tons per day — arguing that some of the largest sources of smog-forming emissions are federally regulated, such as ships, trains, and aircraft. In a recent draft response, EPA proposed rejecting California’s plan, declaring “states do not have authority” under the Clean Air Act or the Constitution to order the federal government to reduce pollution. The agency has until July 1 to decide whether to finalize the rejection.


Barger calls on Chiquita Canyon Landfill to relocate neighbors afflicted by odors

Bullet The Signal – February 8

Los Angeles County Supervisor Kathryn Barger called on Chiquita Canyon Landfill on Thursday to provide relocation assistance services to residents from surrounding communities who request it due to the stench emanating from the landfill that has drawn thousands of complaints over the past year. The letter also calls upon Chiquita Canyon Landfill to provide larger air filtration devices, to contribute more funding to the Utility Relief Program currently in place to help residents pay for their electricity bills, and to support a forthcoming Home Hardening and Rehabilitation Program that will help homeowners make home improvements to prevent odors from penetrating their indoor living areas, according to a news release from Barger’s office.


Fish in California’s Kern River remain protected following new ruling

Bullet Courthouse News Service – February 6

An injunction protecting fish in California’s Kern River remains in place, even after a judge rebuffed several claims in a case looking to restore water to the dried-up river. Various environmental groups sued the City of Bakersfield in 2022, saying that the city’s water diversions hurt wildlife habitats and the river’s ecosystem. Overruling a request by the City, Kern County Superior Court Judge Greg Pulskamp allowed a preliminary injunction he had imposed in October that requires a certain amount of water flow to protect fish to stay in effect.


U.S. court cancels approvals for widely used dicamba weedkillers

Bullet Reuters – February 7

U.S. District Court Judge David Bury in Arizona this week vacated EPA’s registrations of dicamba-based weedkillers from 2020, saying the agency violated procedures mandating public input. The ruling affects Bayer’s XtendiMax, BASF’s Engenia, and Syngenta’s Tavium, commonly used herbicides on U.S. farms. The companies said they disagreed with the ruling and were awaiting guidance from EPA. In June 2020, a U.S. appeals court blocked dicamba-based herbicide sales and ruled EPA understated risks related to sprayings. EPA subsequently said farmers could use their existing supplies before it eventually reauthorized use again with new restrictions in October 2020.

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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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