California Environmental Law & Policy Update 3.29.24

Allen Matkins
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CalEnvLawPolcyUpd

Interior Department rule aims to crack down on methane leaks from oil, gas drilling on public lands

Bullet Associated Press – March 27

The Biden administration issued a final rule this Wednesday aimed at curbing methane leaks from oil and gas drilling on federal and tribal lands. Adoption of the rule is its latest action to crack down on emissions of methane, a potent greenhouse gas that contributes significantly to global warming. The rule, issued by the Interior Department’s Bureau of Land Management, will tighten limits on gas flaring on federal lands and require that energy companies improve methods to detect methane leaks. The action follows a more comprehensive methane-reduction plan announced by the U.S. Environmental Protection Agency (EPA) in December which targets emissions from existing oil and gas wells nationwide, rather than focusing only on new wells, in contrast with prior EPA regulations.


News

Inhance can continue to fluorinate plastic containers

Bullet Chemical & Engineering News – March 27

The U.S. Court of Appeals for the Fifth Circuit ruled on March 21 that EPA overstepped its authority when it ordered Inhance Technologies to stop making per- and polyfluoroalkyl substances (PFAS) as by-products of the firm’s fluorination process. EPA had warned Inhance that manufacturing PFAS without notifying the agency in advance violates what is known as a “significant new use” rule. The rule, which applies to certain long-chain PFAS, was finalized in 2020 under the Toxic Substances Control Act (TSCA). However, the appellate court held that new use under TSCA applies to substances “prior to their initial manufacture, not decades after a manufacturing process has been in place.” EPA confirmed in 2022 that PFAS can leach out of fluorinated containers like those treated by Inhance and into the liquids, such as pesticides, that they store.


Berkeley will halt ban on natural gas piping in new buildings

Bullet Associated Press – March 26

The City of Berkeley has agreed to halt enforcement of a ban on the use of natural gas as an energy source in new homes and buildings that was successfully challenged in court by the California Restaurant Association (CRA), the organization said. According to the CRA, the settlement follows the Ninth Circuit Court of Appeals’ refusal to reconsider a 2023 ruling that the ban violates federal law that gives the U.S. government the authority to set energy efficiency standards for appliances. CRA said the city agreed to settle the case by taking steps to repeal its ordinance, but because the process will take several months, the city will immediately stop enforcing the ban to comply with the court ruling.


After massive sewage spill, U.S. EPA orders fixes at L.A. water plant to improve resilience

Bullet Los Angeles Times – March 22

Years after a massive spill at the Hyperion Water Reclamation Plant in Playa del Rey dumped millions of gallons of raw sewage into the Pacific, U.S. EPA officials have ordered several improvements at the water treatment plant to help prevent another such disaster, even when facing more intense storms from a changing climate. The administrative order on consent, issued this month, requires the plant to make significant fixes to its operations and infrastructure, including improving monitoring systems and overflow channels, after EPA’s review of the 2021 spill. The agreement between EPA and the Los Angeles Sanitation and Environment division mandates that the updates be implemented by the end of 2025, though some are required to be completed as soon as within 30 days, according to the order.


State officials double water allocation for most contractors following February storms

Bullet CBS News – March 22

Managers of California’s two main water storage and delivery systems last Friday announced increases to forecasted water allocations for millions of people and vast tracts of farmland. The California Department of Water Resources (DWR), which runs the State Water Project, said its anticipated water deliveries are now 30% of the amounts requested from the 29 public agencies that rely on its water. The delivery estimate is double what DWR estimated in February, an increase attributable to the late winter snow and rainfall totals that have accumulated across the state. The U.S. Bureau of Reclamation, which operates the Central Valley Project, also announced on Friday increases to its delivery estimates.


California is preparing to defend its climate-change policies in the event of a Trump administration

Bullet Politico – March 27

Governor Gavin Newsom is readying an army of bureaucrats to defend the state’s nation-leading climate policies against a potential second Trump administration. Trump campaign officials openly acknowledge that they plan to attack California policies, confirming to POLITICO this week that the state’s electric vehicle programs would be a top target. The latest sign of these preparations came last week with a deal between California and Stellantis, the world’s fourth-largest automaker, which agreed to abide by the state’s emissions rules. With that voluntary commitment, the Chrysler and Dodge manufacturer helped armor California’s climate agenda against lawsuits and a potential federal effort to roll back its more ambitious policies.


Congress OKs budget increase for agency to address cross-border pollution

Bullet The San Diego Union-Tribune – March 24

The International Boundary and Water Commission (IBWC) is getting a significant boost to its annual construction budget, which it may use to fix its dilapidated wastewater treatment plant at the U.S.-Mexico border that currently allows Tijuana sewage to pollute South San Diego County shorelines. On Saturday, Congress passed a $1.2 trillion appropriations package that includes $156 million for the IBWC’s construction projects this fiscal year, marking a $103 million increase over last year’s construction funding and its largest contribution in recent years. Since October 2020, IBWC has reported hundreds of violations of its National Pollutant Discharge Elimination System permit, which regulates discharges to the waters of the United States under the federal Clean Water Act.

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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. Attorney Advertising.

© Allen Matkins

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