California Environmental Law & Policy Update - May 2015 #3

Allen Matkins
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Environmental and Policy Focus

House votes to block EPA, Army Corps of Engineers' proposed definition of "waters of the United States"

Visalia Times-Delta - May 12

House Republicans on Tuesday voted to block federal government rules that would clarify which streams, tributaries, and wetlands should be treated as "waters of the United States" and therefore subject to federal regulatory jurisdiction under the Clean Water Act. Rules proposed last year by the U.S. EPA and the U.S. Army Corps of Engineers to define "waters of the United States" have fueled political anger in the country's heartland, becoming a top issue of concern for many farmers and landowners who say there are already too many government regulations affecting their businesses. The House bill, approved 261-155, would force the EPA to withdraw the rules and further consult with state and local officials before rewriting them. The White House has threatened to veto the legislation. The EPA says its proposed definition simply clarifies, and does not expand, the reach of the Clean Water Act.

Environmentalists sue over oil and gas drillers' injections of wastewater into California aquifer

Reuters - May 7

On Thursday, three California environmental groups, the Center for Biological Diversity, the Sierra Club, and Earthjustice, filed a lawsuit against California's oil drilling regulator, the Department of Conservation's Division of Oil, Gas and Geothermal Resources (DOGGR) seeking to halt oil industry injections of drilling wastewater into nearly 500 wells. The plaintiffs allege that the injections threaten fresh water supplies and are particularly problematic in light of the prolonged drought. An emergency order issued by DOGGR last month spelled out a timeline for oil drillers to stop injecting into certain wells, but allows some of them until 2017 to obtain an exemption, a period the environmental groups claim is too long. DOGGR's oil and gas supervisor commented: "The state and the U.S. Environmental Protection Agency are moving aggressively and quickly to test all wells that risk harming sources of water for drinking and agriculture. Thus far, testing of water supply wells by the State Water Resources Control Board has revealed no contamination of water used for drinking or agricultural purposes related to underground injection by the oil and gas industry. We intend to keep it that way.” The Western States Petroleum Association, an industry group representing oil producers and refiners, criticized the lawsuit as an effort to thwart the state and federal regulatory process.

Court of Appeals upholds EPA’s approval of California pesticide laws

Courthouse News Service - May 8

The Ninth Circuit Court of Appeals refused Friday to set aside a decision by the U.S. EPA to approve California's 2012 plan to reduce volatile organic compound (VOC) emissions from agricultural pesticides by 12 percent. VOCs combine in the atmosphere with oxides of nitrogen to form ozone, a regulated air pollutant. The plaintiffs challenging the approval had argued that the state had previously committed to a 20 percent reduction, but the three-judge 9th Circuit panel found the EPA's approval of the lower reduction target was consistent with the State Implementation Plan for attainment of the ozone standard.

Riverside County approves major new solar plant

The Desert Sun - May 12

Riverside County's Board of Supervisors signed off on a major new solar plant Tuesday, voting unanimously to approve a 485-megawatt, 3,600-acre project near Blythe. Clean energy advocates and many environmental groups have supported the proposed Blythe Mesa solar plant. The project would have the capacity to power about 180,000 homes and generate more than $500,000 in annual revenue for Riverside County through the county's $150-per-acre solar fee. Blythe Mesa still is far from becoming a reality. The project's developer, the Los Angeles-based Renewable Resources Group, has not yet found a buyer for the electricity it would generate, a key sticking point before construction can begin.

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