California Environmental Law & Policy Update - October 2018 #4

Allen Matkins
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President Trump orders expedited review of Delta water regulations

SACRAMENTO BEE - Oct 21 President Donald Trump last Friday signed a memorandum directing federal officials to review a broad swath of water regulations governing the Sacramento-San Joaquin Delta and much of California’s water supply to “eliminate all unnecessary burdens.” The order represents Trump’s latest effort to make good on a campaign promise to bring more water to San Joaquin Valley farmers, who have objected to environmental restrictions that prioritize water for salmon, Delta smelt, and other endangered species over agricultural needs. The memo orders the administration to accelerate a two-year-old examination of the rules covering how water is pumped through the Delta — the environmentally fragile hub of California’s elaborate water delivery network.

San Diego County Water Authority proposes sweeping legal settlement with Metropolitan Water District

SAN DIEGO UNION-TRIBUNE - Oct 25 The San Diego County Water Authority (SDCWA) on Thursday sent the Metropolitan Water District of Southern California (MWD) an outline for a settlement that could resolve five separate lawsuits between the two agencies and secure reliable supplies at reasonable rates, according to Jim Madaffer, the new SDCWA chairman. If the settlement is adopted, the SDCWA would drop its lawsuits and shave millions from a nearly $9 million court award it already received. Key terms of the settlement include MWD's adopting a fixed price of $369 per acre-foot for supplies from the Colorado River, tying any future price increases to an inflation index, and granting SDCWA certain water rights to store water in Lake Mead that are currently controlled by MWD. The proposed settlement also calls for MWD to reinstate funding for water projects being pursued by the SDCWA and its member agencies, among other terms.

On eve of trial, U.S. Supreme Court issues temporary stay in children’s climate case

WASHINGTON POST - Oct 22 In a rare move, U.S. Supreme Court Chief Justice John Roberts Jr. last Friday temporarily halted a landmark suit by 21 young people who argue that the failure of U.S. leaders to combat climate change violates their constitutional right to a clean environment. The case was scheduled to go to trial on October 29th in U.S. District Court in Oregon, but the Trump administration asked the Supreme Court to intervene. The goal of the lawsuit is to compel the government to scale back its support for fossil fuel extraction and production and to support policies aimed at reducing the greenhouse gas emissions that contribute to global warming. Both the Obama and Trump administrations have repeatedly asked lower courts to halt the lawsuit since it was filed in 2015, arguing that the suit would usurp the authorities of Congress and federal agencies.

Chevron settles claims it violated Clean Air Act

REUTERS - Oct 25 Chevron U.S.A. Inc. (Chevron) agreed to a $163 million settlement, filed Wednesday in the U.S. District Court for the Northern District of California, to resolve claims by the U.S. Justice Department (DOJ), the U.S. Environmental Protection Agency, and the Mississippi Department of Environmental Quality that it violated provisions of the Clean Air Act when its refineries accidentally released hazardous chemicals. Chevron will spend about $150 million to replace vulnerable pipes, improve inspections and training, and make other safety improvements at all its domestic refineries. It also will pay a $2.95 million civil penalty and at least $10 million on environmental projects in the communities near its refineries in California, Mississippi, Utah, and Hawaii. The settlement is subject to a 30-day public comment period.

Justice Department joins three suits against S.F. shipyard clean-up firm Tetra Tech

SFGATE - Oct 26 The U.S. Department of Justice has notified a federal court in San Francisco that it plans to take over three previously sealed false claims lawsuits filed by whistleblowers against Tetra Tech, which the U.S. Navy hired to clean up the former Hunters Point Naval Shipyard. According to court documents, the government's "complaint will allege that Tetra Tech presented false claims to the United States in connection with its role at Hunters Point Naval Shipyard, San Francisco, California, in testing soil and scanning buildings for the purpose of radiological remediation." Federal prosecutors have until January 14 to file the government's own suit in the cases.

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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