California Environmental Law & Policy Update 1.17.25

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California withdraws Clean Air Act waiver requests for vehicle emissions standards

Bullet Allen Matkins – January 16

On Monday, January 13, 2025, California withdrew requests for Clean Air Act waivers from the U.S. Environmental Protection Agency (EPA) needed to support four recently adopted vehicle emissions regulations: 1) the Advanced Clean Fleets Regulations; 2) the In-Use Locomotive Regulations; 3) part of the Commercial Harbor Craft and Ocean-Going Vessels At-Berth Regulations; and 4) part of the Transport Refrigeration Unit Engine Standards Regulations. According to a statement from Liane Randolph, chair of the California Air Resources Board (CARB), California withdrew the waiver requests due to the uncertainty caused by the impending change in federal administration. The regulations covered by the withdrawn waiver requests include emissions standards that impact broad swaths of industrial, commercial, and governmental activity in California.


News

In a first, EPA warns of ‘forever chemicals’ in sludge fertilizer

Bullet The New York Times – January 14

EPA on Tuesday warned that “forever chemicals” present in sewage sludge that is used as fertilizer can pose human health risks. Following an extensive study, the agency said that while the general food supply isn’t threatened, the risk from contaminated fertilizer could exceed EPA’s safety thresholds “sometimes by several orders of magnitude.” Sewage sludge is applied to less than one percent of the fertilized acreage of agricultural land a year, according to EPA data. A growing body of research has shown that sewage sludge can be contaminated with artificial chemicals known as per- and polyfluoroalkyl substances, or PFAS, which are used widely in everyday items like nonstick cookware. EPA has for decades encouraged the use of sludge from treated wastewater as inexpensive fertilizer with no limits on how much PFAS it can contain; however, the agency’s new study sets a potential new course.


U.S. Fish and Wildlife to seek critical habitat status for Bay-Delta longfin smelt

Bullet Courthouse News Service – January 14

The U.S. Fish and Wildlife Service (USFWS) plans on Wednesday to formally propose the designation of critical habitat for the San Francisco Bay-Delta longfin smelt, whose population has declined mostly because of habitat loss. The potential disappearance of the longfin smelt would affect other animals that rely on them as a food source, the service has said. The proposed habitat includes portions of Contra Costa, Napa, Sacramento, Solano, and Sonoma counties. “In total, approximately 91,630 acres … in California fall within the boundaries of the proposed critical habitat designation,” the service wrote in its proposal. The USFWS seeks comments from other government agencies, Native American tribes, scientists, industry, and any person interested in the proposed critical habitat. Information on the comment process is available at www.regulations.gov.


Supreme Court declines to hear from oil and gas companies trying to block climate change lawsuits

Bullet Associated Press – January 13

The Supreme Court on Monday declined to hear an appeal from oil and gas companies trying to block lawsuits seeking to hold the industry liable for billions of dollars in damage linked to climate change. The order allows the city of Honolulu’s lawsuit against oil and gas companies to proceed. The industry has faced a series of cases alleging it deceived the public about how fossil fuels contribute to climate change. The companies argue that emissions are a national issue that should instead be brought in federal court, where they have successfully had suits dismissed. Governments in states including California, Colorado, and New Jersey are seeking billions of dollars in damages from things like wildfires, rising sea levels, and severe storms.


Toyota’s Hino unit agrees to plead guilty in $1.6 billion settlement of U.S. emissions fraud case

Bullet CBS News - January 16

EPA officials on Wednesday announced a $1.6 billion deal with Toyota subsidiary Hino Motors to settle charges it deceived regulators about the amount of emissions released by its diesel engines. According to EPA, Hino used altered emissions test data to get approval to import and sell more than 110,000 diesel engines to the U.S., most of which were installed in heavy-duty trucks made by Hino. U.S. regulators and the state of California, which has strict vehicle emission standards, worked out criminal and civil remedies with Hino valued at more than $1.6 billion.


Federal environmental public health agency to investigate Tijuana River sewer gas impacts

Bullet The San Diego Union-Tribune – January 14

The federal Agency for Toxic Substances and Disease Registry (ATSDR) on Tuesday said it will investigate the potential harm caused by exposure to hydrogen sulfide in the air near the sewage-tainted Tijuana River and issue recommendations to protect the public, if warranted. Following a preliminary review of available data for chemical contaminants in the air in the region, the ATSDR determined a public health assessment was necessary. This decision is in contrast to EPA’s announcement last week that it would not pursue a potential Superfund designation for the area because data it reviewed from six to seven years ago did not exceed its threshold for human health risks and because several other efforts are underway to reduce the amount of pollution that spills into the river valley.

 

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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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