California environmental law and policy update 5.03.24

News

Courthouse News Service – April 30

The White House Council on Environmental Quality (CEQ) on Tuesday finalized a rule to simplify and modernize the federal environmental review process under the National Environmental Policy Act (NEPA). The so-called Bipartisan Permitting Reform Implementation Rule implements numerous provisions included in last year’s Fiscal Responsibility Act, CEQ said, such as giving agencies clear deadlines to complete environmental reviews; requiring the designation of a lead agency (and setting specific expectations for lead and collaborating agencies); and creating a unified and coordinated federal review process. The rule provides new and more flexible methods for agencies to create categorical exclusions, which are the fastest form of environmental review for activities deemed not to have adverse environmental impacts, ranging from solar energy storage and electric vehicle charging infrastructure to transmission improvements and broadband deployment.

San Francisco Chronicle – May 2

The federal and state governments filed a lawsuit in federal court Wednesday against the city and county of San Francisco, alleging that the city has for years discharged large quantities of untreated wastewater and sewage into the San Francisco Bay and the ocean in violation of the law. federal Clean Water Act and state environmental laws, endangering beachgoers and aquatic life. According to the lawsuit filed by EPA and the California Regional Water Quality Control Board, “Since 2016, the (c)ity has discharged an average of 1.8 billion gallons of combined sewage, including untreated sewage, from its combined sewer systems annually into the Pacific Ocean and San Francisco Bay.” The lawsuit seeks injunctions requiring the city to change its practices and hundreds of millions of dollars in fines.

Los Angeles Times – May 1

Eighteen California children who allege that US climate policies deliberately discriminate against minors appeared in a California federal court this week, with their landmark lawsuit in jeopardy. The children, ages 8 to 17, have sued the U.S. government and the federal EPA for violating their constitutional rights. They alleged that the country’s environmental policies have allowed dangerous amounts of greenhouse gases to be released and accumulate in the atmosphere, knowing that these emissions will endanger the health of children. well-being and future. Lawyers for the U.S. Department of Justice this week petitioned a federal judge in California to dismiss the lawsuit, arguing in part that the court lacked the authority to make sweeping changes in public policy. In the coming weeks, the court is expected to decide whether the case can go to trial. The outcome will likely be determined by a recent Ninth Circuit ruling, also on May 1, granting the federal government’s petition to dismiss a similar case filed in Oregon without any opportunity to amend it.

Associated Press – April 30

EPA said Tuesday it has finalized a ban on consumer use of methylene chloride, a chemical widely used as a paint stripper but known to cause liver cancer and other health problems. The rule banning methylene chloride is the second risk management rule finalized by President Joe Biden’s administration under major 2016 amendments to the Toxic Substances Control Act (TSCA). The first was a move last month to ban asbestos, a carcinogen that kills tens of thousands of Americans every year but is still used in some chlorine bleach, brake pads and other products.

The Washington Post – May 2

The Biden administration announced Thursday that it will begin distributing another $3 billion to communities across the country to replace lead pipes, as part of a massive effort to overhaul the nation’s drinking water system. The allocation is the latest round of funding promised under the bipartisan infrastructure bill, which is expected to distribute $15 billion to states over five years to modernize the nation’s aging infrastructure and eliminate lead pipes. There are two more scheduled installments under President Biden’s plan, which has so far been allocated $9 billion — enough to replace up to 1.7 million lead pipes, the administration said.

Los Angeles Daily News – May 2

President Joe Biden added nearly 106,000 acres to the San Gabriel Mountains National Monument on Thursday, expanding the monument designated by President Barack Obama a decade ago by nearly a third, the White House announced. Biden also approved a 13,696-acre expansion of the Berryessa Snow Mountain National Monument north of Sacramento. Along with the expansion of the SGM monument, Biden promised additional resources for the area known as “LA’s backyard playground,” located within 90 minutes of 18 million Southern Californians. The Angeles National Forest received nearly 4.6 million visitors in 2021, more annual visitors than Yosemite and Yellowstone National Parks.