California Environmental Law & Policy Update 7.28.23

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Coalition of 22 attorneys general asks court to reject 3M settlement in PFAS water pollution suit

Bullet NBC Los Angeles – July 26

Twenty-two attorneys general, led by California Attorney General Rob Bonta, urged a federal court this Wednesday to reject a proposed $10.3 billion settlement over contamination of U.S. public drinking water systems with polyfluorinated alkyl substances (PFAS), saying it lets manufacturer 3M Co. off too easily. The deal, announced in June, does not give individual water suppliers enough time to determine how much money they would get and whether it would cover their costs of removing the compounds, said the officials with 19 states, Washington, D.C., and two territories. The attorneys general did not take a position on a separate $1.18 billion deal to resolve PFAS complaints by water suppliers against DuPont de Nemours Inc. and spinoffs Chemours Co. and Corteva Inc.


News

Richmond chemical plant fined $1.15 million for years-long air pollution violations

Bullet East Bay Times – July 27

A sulfuric acid manufacturing plant in Richmond was fined $1.15 million on Thursday for violations connected to faulty emissions monitors, local air-quality officials said. Since at least 2014, Chemtrade underreported sulfur dioxide emissions after failing to properly calibrate, operate, and maintain its continuous monitoring system, according to the Bay Area Air Quality Management District (BAAQMD). While the air district’s audit did not find evidence that Chemtrade’s sulfur dioxide emissions exceeded its permitted limits, BAAQMD reported that the company’s monitoring system was unable to reliably monitor the extent of the plant’s emissions.


At what levels are PFAS in drinking water? Los Angeles County supervisors want answers

Bullet Los Angeles Daily News – July 25

In response to a new study identifying Southern California as a hot spot for the presence of PFAS in drinking water, the Los Angeles County Board of Supervisors (Board) asked for an inventory of water districts in the county that are not testing for the compounds. By unanimous vote on Tuesday, the Board directed the county’s departments of public works and health to ask the State Water Resources Control Board to assess contamination levels of PFAS in 206 separate water districts and systems — and to ask for state and federal treatment dollars where needed. These lingering chemicals, used since the 1940s, have impacted nearly half of the tap water in the United States, according to a recent study by the U.S. Geological Survey.


EPA agrees to reconsider smog limits for new gas power plants

Bullet Reuters – July 15

The U.S. Environmental Protection Agency (EPA) has agreed to consider new rules to cut nitrogen oxide emissions from new gas power plants, according to a proposed settlement with environmental groups filed on Tuesday in the U.S. District Court for the Northern District of California. The groups sued EPA in 2022, claiming that the agency has a duty to review new power plant emission limits every eight years under the Clean Air Act but hasn’t updated limits for nitrogen oxides since 2006. Nitrogen oxides mix with other chemicals in the air to form ozone and smog and are associated with heart and lung diseases, according to EPA. The agreement, which must be approved by a judge, would require EPA to consider and potentially propose new limits for the gases from new natural gas-powered power plants by November 2024.


Santa Susana Field Lab activists say tainted structures must not go to landfills

Bullet Los Angeles Daily News – July 20

Four environmental groups have urged the California Supreme Court to reverse a First District Court of Appeal ruling that allows Boeing to tear down five structures at the Santa Susana Field Lab in Ventura County, and to deposit contaminated debris in landfills and metal recycling centers that the groups say are not equipped to store radioactive waste. The petition comes as Boeing is expected to raze half a dozen buildings on a 290-acre portion of the Santa Susana Field in coming months, including a defunct plutonium fabrication facility, according to the groups. Boeing did not respond to requests for comment. During the height of the Cold War, the Santa Susana Field Lab was a testing ground for liquid-rocket engines, nuclear reactors, and various nuclear applications.


A plan to bury contaminated soil in a pit under Newport Harbor is on hold

Bullet The Orange County Register – July 27

A plan to dig an underwater pit the size of six football fields at the bottom of Newport Harbor and bury contaminated soil there is on hold pending further review of environmental studies. Amid multiple legal challenges, the U.S. Army Corps of Engineers has suspended a permit it issued to the city of Newport Beach for that project earlier this year. The agency also committed to conduct additional analysis on the potential effects of the planned pit. In exchange, two environmental groups have agreed to pause their lawsuits against the agency.


California aims to tap beavers, once viewed as a nuisance, to help with water issues and wildfires

Bullet U.S. News & World Report – July 25

For years, beavers have been treated as a nuisance for chewing down trees and shrubs and blocking streams, leading to flooding in neighborhoods and farms. But California's Department of Fish and Wildlife is now embracing the animals, whose activities can create lush habitats that lure species back into now-urban areas, enhance groundwater supplies, and provide a buffer against the threat of wildfires. A new policy that went into effect last month encourages landowners and agencies dealing with beaver damage to seek solutions such as putting flow devices in streams or protective wraps on trees before seeking permission from the state to kill the animals. The state is also running pilot projects to relocate beavers to places where they can be more beneficial.

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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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