Focus

Shell, Dow settle with Fresno for $230 million over claims of TCP water contamination

The Fresno Bee – August 6

The city of Fresno announced this week that Shell USA, Dow Chemical, and other oil and chemical companies have agreed to pay the city $230 million to settle the city’s 2007 lawsuit against them for allegedly contaminating water wells with the chemical 1,2,3-trichloropropane (TCP). TCP is contained in a fumigant pesticide used to combat worms in soil. The City Attorney’s Office described the settlement, which was entered into last fall but only announced on Tuesday, as “the largest known settlement of its kind in the country for this type of environmental claim.” The settlement funds will be used to clean up or replace tainted water wells over the next 10 years.

News

EPA issues rare emergency ban on pesticide that damages fetuses

Associated Press – August 7

For the first time in roughly 40 years, the United States Environmental Protection Agency (EPA) used its emergency authority to halt the sale of a weed-killing pesticide. Officials took the rare step because the pesticide DCPA, or Dacthal, could cause irreversible damage to fetuses, including impaired brain development and low birthweight. In 2023, the EPA assessed the pesticide’s risks and found it was dangerous even if a worker wore personal protective equipment. The agency said on Tuesday that it has had a difficult time obtaining vital health data from the pesticide’s manufacturer and had decided it was not safe to allow continued sale. DCPA is mostly used on broccoli, cabbage, and certain other crops.

Forest Service orders Arrowhead bottled water company to shut down California pipeline

Los Angeles Times – August 7

In a decision that could end a years-long battle over commercial extraction of water from public lands, the U.S. Forest Service has ordered BlueTriton Brands, the company that sells Arrowhead bottled water, to shut down a pipeline and other infrastructure it uses to collect and transport water from springs in the San Bernardino Mountains. The Forest Service notified BlueTriton Brands last month that the company’s application for a new permit was denied and that the company “must cease operations” in the San Bernardino National Forest and submit a plan for removing all its pipes and equipment from federal land.

ReMA urges federal court to review EPA’s PFAS hazardous substance designation

WasteDive – August 1

The Recycled Materials Association (ReMA) has filed a petition asking a federal court to review EPA’s designation of certain per- and polyfluoroalkyl substances (PFOA and PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act. ReMA asserts that the designation has the potential to “significantly undermine the use of recycled materials” and create notable liabilities for recyclers “even though the industry does not intentionally purchase, generate, transport, or use PFOA or PFOS in its recycling processes.” The association submitted the filing on July 30 in the U.S. Court of Appeals for the D.C. Circuit. The filing follows similar petitions from other industry groups, including the National Waste & Recycling Association.

Biden administration to pay farmers in Western U.S. to conserve water

The Hill – August 1

The U.S. Department of Agriculture announced Thursday that it will invest up to $400 million in paying farmers in 11 states in the Western U.S., including California, to reduce their water consumption while continuing to produce commodities as the region contends with historic drought. The department said the action is expected to conserve up to 50,000 acre-feet of water — or about 16 billion gallons. The department will give 18 water districts up to $15 million each. Those districts will then make agreements with farmers to support the use of water-saving technologies and farming practices and the production of water-saving commodities.

Southern California regulators impose pollution limits on the region’s rail yards

Los Angeles Times – August 2

Southern California air regulators last Friday adopted a first-of-its-kind rule to curb smog-forming pollution from freight trains and cargo trucks that serve the region’s rail yards. The South Coast Air Quality Management District’s governing board voted 12-0 to require rail yard owners and operators to aggressively reduce lung-irritating nitrogen oxides emissions between 2027 and 2050. The region’s rail yards produce nearly 22 tons of nitrogen oxide emissions daily, approximately 9% of all smog-forming pollution in the air basin. The new emission reduction rule can become effective only if the EPA approves the region’s smog plan and the state regulations for locomotives and truck fleets.

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