California Environmental Law & Policy Update 11.8.24

Allen Matkins
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Trump victory puts California clean air initiatives in jeopardy

Bullet Los Angeles Times – November 6

In the last four years, California has adopted some of the nation’s most innovative air regulations, including a ban on new gasoline-powered car sales by 2035 and a prohibition against diesel-fueled trucks visiting state ports and railyards in 2036. However, many of these rules, which were approved by the California Air Resources Board, have not been approved by the Biden administration and now face outright rejection by the incoming Trump administration. Although California is the only state in the nation that has been granted authority to set its own vehicle emission standards, the U.S. Environmental Protection Agency must still approve waivers to make these rules effective.


News

New California water permit seeks to balance water delivery with environmental protections

Bullet Courthouse News Service – November 5

A new operating permit, known as an “incidental take permit,” issued Monday for California’s state water project is expected to help protect endangered and threatened fish species like Chinook salmon, while still ensuring almost 30 million people can access a reliable water supply. The state’s Department of Fish and Wildlife issued the permit to the Department of Water Resources this week after the certification of a final environmental impact report for the state water project’s long-term operation. A series of planned actions and tools intended to reduce and offset potential impacts to fish species are linked to the new permit, including tidal marsh and floodplain restoration projects to support spawning, better fish passage in essential migration areas, and support for hatchery production activity. Composed of over 700 miles of canals, pipelines, reservoirs, and hydroelectric facilities, the state water project both stores and delivers clean water to approximately 27 million California residents and 750,000 acres of farmland.


Workers file federal lawsuit against controversial Napa Valley waste management sites

Bullet The Press Democrat - November 4

Fifteen workers, including drivers, laborers, and heavy equipment operators, last week filed a lawsuit in the U.S. District Court in San Francisco seeking more than $100 million in damages against past and current owners and operators of two Napa Valley waste sites—the Upper Valley Disposal Service site on Whitehall Lane and the Clover Flat landfill, located in the hills near St. Helena and Calistoga—for allegedly dangerous conditions and illegal environmental and labor practices. The 92-page complaint alleges multiple illegal environmental and labor practices at the waste sites, including improper disposal of contaminated wastewater, known as leachate, through a series of “ghost pipes” that allegedly endangered the Napa River and surrounding areas. Napa County’s Pestoni family ran the facilities for decades before selling in late 2022 to Waste Connections, Inc., one of the nation’s largest waste management firms.


Prop. 4 passes: Californians approve $10 billion for water, wildfire, climate projects

Bullet CalMatters - November 5

Following passage of Proposition 4 by voters in Tuesday’s election, California will spend $10 billion to fund water, climate, wildfire, and natural resource projects throughout the state. Water projects will get the bulk of the funds, about $3.8 billion, with half of that portion, $1.9 billion, to be spent on improving water quality, with the rest to be spent on protecting the state from floods and droughts, as well as other activities, including restoring rivers and lakes. Funds also will be directed toward wildfire risk reduction, coastal protection, clean energy initiatives, and sustainable agricultural practices.


Hearings begin in lawsuit challenging first lithium project in the Imperial Valley

Bullet KPBS – November 7

Court hearings are under way in a lawsuit, filed in Imperial County Superior Court, challenging one of the Imperial Valley’s first lithium projects. Two environmental justice organizations sued Imperial County officials over their decision to approve the Hell’s Kitchen Project, a geothermal energy plant that would collect dissolved lithium particles from searing hot water deep below the valley. The plaintiffs allege that county officials violated the California Environmental Quality Act (CEQA) by failing to fully evaluate how much water the plant would use, whether it would pollute the valley’s air, and how the project could affect tribal cultural resources.

 
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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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