Focus

Trump administration reverses migratory bird protections

The New York Times – December 21

The U.S. Department of the Interior this Tuesday finalized a reversal of protections for wild birds under the 1918 Migratory Bird Treaty Act. Under the measure, the federal government will no longer fine or prosecute those whose actions cause the death of migratory birds, as long as killing birds was not the underlying intent of the action. That holds true for accidents like oil spills and electrocutions on power lines — and also intentional or even illegal acts, like the spraying of a banned pesticide — as long as birds are not the intended target of the poison. David Bernhardt, the interior secretary, described the new policy as a reaffirmation of the original intent of the law. A senior official with the transition team of President-elect Joseph Biden vowed that the new policy would be reversed.

News

EPA adopts modified restrictions on use of scientific data in rule- and policy-making

The Hill – January 5

The U.S. Environmental Protection Agency (EPA) on Tuesday finalized a controversial rule limiting the agency’s use, when crafting policies and regulations, of scientific studies based on data, such as public health research data, that is not available to the public. The final rule, a slightly narrower version of an earlier proposed rule, focuses on dose-response studies that show how increasing levels of exposure to pollution, chemicals, and other substances impact human health and the environment. The final rule would allow EPA’s administrator to make an exception and allow the use of any study he or she deems important. The new rule applies not only to formal rulemakings, but also to the use of all "influential scientific information" at the agency, a broad term that could exclude public health research as the agency issues guidance or takes other actions.

Port of San Diego and California State Coastal Conservancy collaborate to create a native oyster living shoreline

San Diego Community Newspaper Group – January 4

The Port of San Diego is one step closer to creating a living shoreline to attract and establish native oyster populations while also protecting the shoreline from impacts related to future sea level rise. The Board of Port Commissioners on December 8 approved a Port Master Plan Amendment, which now must be approved by the California Coastal Commission, to allow for the project. The native oyster shoreline project is expected to demonstrate the ability to attract and establish native oyster populations that create structurally complex "reef" habitats for fish, birds, inverts, and aquatic plants, improve local water quality via filtration and settling of sediments, and also increase wetland connectivity to intertidal and subtidal lands.

State approves Ballona Wetlands restoration plan

Los Angeles Times – December 31

The California Department of Fish and Wildlife said this week that it has certified the final environmental impact report to restore the Ballona Wetlands Ecological Reserve, which lies between the Santa Monica Bay community of Playa del Rey and Marina del Rey. The project aims to restore the ecological function of 566 acres of the reserve, which is the largest coastal complex in Los Angeles County. The area once included 2,000 acres of marshes, mud flats, salt pans and sand dunes, but today only 577 acres remain, according to the Department of Fish and Wildlife. Restoration planning by the department and its partners will still need a permit from the U.S. Army Corps of Engineers and other approvals.

Price tag nearly doubles to $2.5 billion for huge new dam project in Santa Clara County

The Mercury News – January 6

In a major setback for plans to build the largest dam in the Bay Area in more than 20 years, the price tag to construct a new reservoir in southern Santa Clara County has nearly doubled, from $1.3 billion to $2.5 billion. The project, proposed by the Santa Clara Valley Water District, calls for a 319-foot-high dam to be built along Pacheco Creek. For the past three years, the district has considered the dam to be a key part of the future water plans for 2 million people in the South Bay. But studies by a contractor in 2020 found that the area has unstable rock and that crews would have to dig down at least 30 feet deeper to hit bedrock than previously thought. That will add three years to construction and at least $1 billion or more in additional costs, according to estimates from district engineers. On January 12, the district’s board is scheduled to consider alternatives to the project.