California Environmental Law & Policy Update - 4.14.23

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U.S. judge blocks Biden WOTUS rule in 24 states

Bullet Reuters – April 12

A federal judge in North Dakota on Wednesday temporarily blocked implementation of a Biden administration rule establishing protections under the federal Clean Water Act for seasonal streams and wetlands in 24 states. U.S. District Court Judge Daniel Hovland granted the states' request for a preliminary injunction prohibiting enforcement of the U.S. Environmental Protection Agency (EPA)'s Waters of the United States (WOTUS) rule, which was finalized in December. West Virginia and 23 other states sued EPA and other federal agencies in February, alleging the rule violates the U.S. Constitution and sows confusion for landowners. The U.S. Supreme Court is also considering the scope of federal jurisdiction and heard oral arguments in a case challenging an earlier interpretation of its reach in October.


News

EPA proposes new tailpipe rules that could push EVs to make up two-thirds of new car sales in U.S. by 2032

Bullet CNN – April 12

EPA on Wednesday proposed new tailpipe emissions rules that could require electric vehicles to account for up to two-thirds of new cars sold in the U.S. by 2032, in what would be one of the Biden administration's most aggressive climate-change policies yet. EPA officials are considering several different emissions proposals which could result in anywhere from a 64% to 69% electric vehicle adoption rate by 2032. If approved, the emissions standards would first apply to model year 2027 vehicles. Transportation is the largest source of planet-warming pollution in the U.S., and light duty vehicles account for 58% of those emissions.


Biden administration proposes water cuts to avert Colorado River crisis

Bullet NBC News – April 11

The Biden administration released an environmental analysis of competing plans for how seven Western states and tribes reliant on the Colorado River's dwindling water should cut their use, but declined to publicly take a side on the best option. On one side are California and certain tribes along the river that want to protect their high-priority rights to the river's water, which they use for drinking water supply and farming. On the other side are the other six states — Colorado, Nevada, Arizona, Utah, Wyoming, and New Mexico — which say it is time to come up with an approach that more fairly shares the river. The Interior Department defended its authority to ensure that basic needs such as drinking water and hydropower generated from the river are met, even if it means setting aside the existing priority system. States, tribes, and other water users have until May 30 to comment before federal officials announce their decision.


EPA targets ethylene oxide used to sterilize medical devices and spices

Bullet Chemical & Engineering News – April 13

EPA this Tuesday issued a pair of proposals that would cap the amount of ethylene oxide used to sterilize medical devices and some spices. The rules, which aim to provide additional protection for workers in sterilization facilities, are being opposed by the medical device industry. According to EPA's latest risk assessment of ethylene oxide, 1 in 17 workers who sterilize medical devices will develop cancer by the end of their career unless protections are put in place. However, according to the U.S. Food and Drug Administration, ethylene oxide is used to sterilize 50% of all sterile medical devices in the United States, and for many devices it is the only available sterilization method. The proposals continue an agency effort to crack down on use of the carcinogenic gas. Under the most recent rules, commercial sterilizers across the U.S. would have 18 months to install equipment for monitoring indoor air and to begin reporting the data to EPA twice a year.


California sends Long Beach's oil drilling plans back for revisions

Bullet Press-Telegram – April 12

The California State Lands Commission (SLC) has rejected two of Long Beach's plans for oil drilling over the next five years, asking the city to provide greater detail about health and environmental concerns. The city is legally mandated to submit an annual plan outlining predicted replacement oil well drilling, as well as expected oil revenue and operating and maintenance costs for a one-year period. While the plan has typically been approved as a routine item for the past half-century, Bob Dowell, the director of Long Beach's Department of Energy, said renewed concerns about the public health and climate impacts of oil drilling operations — largely prompted by the passage of state Senate Bill 1137 — led to SLC's first-time ask for revisions.


Firm restarting oil pipeline involved in California spill

Bullet Associated Press – April 11

Amplify Energy Corp., which was involved in a 2021 oil spill that released 25,000 gallons of crude oil on Southern California beaches, on Monday said that it received approval from federal regulatory agencies to restart operations, and last weekend began the process of filling the pipeline. The pipeline carries oil to shore from platforms in San Pedro Bay, near the Los Angeles and Long Beach harbors. Amplify Energy recently announced a settlement with companies associated with two ships it accused of dragging anchors and striking the pipeline during a January 2021 storm.

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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.

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