California Environmental Law & Policy Update - February 2016 #4

Allen Matkins
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Environmental and Policy Focus

State Water Project deliveries to cities and farms increased

SFGate - Feb 24 With a bit more snow in the Sierra than in years past, California officials on Wednesday boosted the amount of water they expect to deliver this year from the state’s mountain-fed reservoirs. The Department of Water Resources announced that the 29 water agencies served by the State Water Project (SWP), which provides about 25 million Californians with water, will receive 30 percent of the supplies they requested — up from 15 percent estimated last month. While still a fraction of what the agencies want, the allocation would be the highest in three years and take some pressure off agencies to impose rigid water use limitations on customers. The state has not provided water agencies with their requested amounts of water since 2006.

Regulators hit Northern California tomato-processing giant with $1.5 million fine for wastewater violations

Sacramento Business Journal - Feb 23 The Central Valley Regional Water Quality Control Board issued a $1.5 million civil penalty order to tomato packaging giant Morning Star Packing Co. for alleged wastewater violations at its Williams plant. Inspectors discovered the alleged violations in August after the packing plant’s neighbors complained about foul odors. The Regional Board asserts that Morning Star expanded its wastewater pond without permits from 60 to 100 acres and improperly discharged tomato waste into the pond. The company intends to contest the order, arguing that the ponds are used for cooling as part of the manufacturing process, not part of a wastewater discharge process, and that the rules Morning Star is accused of violating don't apply. The Regional Board also approved a negotiated cease and desist order that requires Morning Star to address ten other violations at the plant.

South Coast Air District files second lawsuit against Moreno Valley warehouse project

San Bernardino County Sun - Feb 23 South Coast Air Quality Management District (SCAQMD) has filed a second lawsuit against the City of Moreno Valley in an effort to keep a massive warehouse development from going forward as approved. Last summer, the Moreno Valley City Council approved development of the World Logistics Center, believed to be one of the world’s largest warehouse projects ever proposed. The project involves a space greater than 700 football fields and, according to Barry Wallerstein, the SCAQMD’s executive officer, would create “significant air quality impacts in an area that doesn’t meet federal air quality standards.” The lawsuit asks the court to issue an order that would set aside two measures allegedly designed to evade legal challenges to the project brought under the California Environmental Quality Act. The suit also asks the court to stop the city from approving any permits or other actions allowing the project to proceed. According to the spokesperson for the developer, Highland Fairview, the project—which went through a three-year environmental review process—is expected to support 20,000 jobs and generate $2.5 billion in economic activity.

Mogul seeks $30 million from California to give beach access

New York Times - Feb 23 A Silicon Valley venture capitalist, locked in a battle with the State of California over access to a prime stretch of beach that was popular with surfers, swimmers, and fishermen before he bought it and closed it, has proposed a price to restore public access: $30 million. The dispute has generated years of protests as it wound its way through state courts, where two lawsuits aim to force billionaire owner Vinod Khosla, who does not live on the property, to let the public back in. Khosla, a founder of Sun Microsystems, purchased the prime 53-acre parcel of Martins Beach in Half Moon Bay—including the beach and the access road—for $37.5 million about eight years ago.  Although he initially continued to allow public access to the beach, in 2010, he locked the access gate and posted guards. Now, lawyers for Khosla have proposed in negotiations with the state to restore public access for almost the amount that Khosla paid for the property.

Legislative committee approves moratorium on Porter Ranch gas operations after big leak

KPCC - Feb 23 A bill to extend a moratorium on operations at the Aliso Canyon natural gas storage facility near the Los Angeles County community of Porter Ranch, which had a massive leak for almost four months, was approved Monday by the Assembly Utilities and Commerce Committee, even though members were concerned it could lead to power outages. The bill would require the facility’s owner, Southern California Gas Co., to test all wells at the facility before it can resume storing natural gas. Although some gas still in the field could be used during a demand spike, state agencies and power managers are looking into how to manage a longer-term shortage of supply and studying the impact if the facility is shut down.

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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