California Environmental Law & Policy Update 8.8.25

Allen Matkins
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White House aims to accelerate environmental permitting for data centers

Bullet Allen Matkins – August 6

On July 23, 2025, the White House issued an Executive Order titled “Accelerating Federal Permitting of Data Center Infrastructure.” Released alongside “America’s Artificial Intelligence (AI) Action Plan,” the Order reflects a broader federal goal to reduce permitting delays for large-scale data center projects supporting AI workloads and national infrastructure. The reforms focus on streamlining federal environmental review and permitting processes and aim to address longstanding regulatory hurdles that have historically contributed to project delays and cost overruns. The practical impact of these new measures will depend on a range of factors, including project location, ownership structure, environmental conditions, and the extent to which states choose to align their own permitting processes with federal reforms.


News

UPS hit with multimillion-dollar penalty after statewide investigation

Bullet KTLA – August 4

In a judgment entered on July 25, 2025, United Parcel Service, Inc. (UPS) and its affiliated companies were ordered to pay $1.745 million in civil penalties and related costs following a statewide investigation into the improper disposal of hazardous and medical waste at more than 140 of its California facilities. The settlement stems from a civil lawsuit filed by a coalition of District Attorney’s Offices across the state alleging that UPS and its subsidiaries violated state environmental laws by discarding hazardous and medical waste into regular trash bins, which were then sent to landfills not authorized to receive such materials. Prosecutors said UPS cooperated with the investigation and has since implemented improved waste management protocols, including employee training and measures to ensure hazardous and medical waste is correctly labeled, segregated, and disposed of in compliance with state regulations.


EPA says it will defend tough lead pipe rule from Biden

Bullet Associated Press – August 5

The U.S. Environmental Protection Agency (EPA) announced on August 5 that it will defend the Biden administration’s aggressive rule for reducing lead in drinking water against a court challenge. The rule gave cities and towns a 10-year deadline to replace all of their lead pipes and was the strongest overhaul of lead-in-water standards in roughly three decades. Litigation against the rule was on pause so the current administration could decide whether it supported the policy. On Tuesday, the agency said it would defend the standards and would also “develop new tools and information to support practical implementation flexibilities and regulatory clarity,” with next steps to be announced in the coming months.


Cleanup of toxic Richmond waterway creates divisions

Bullet East Bay Times - August 6

Renewed efforts to clear toxic pesticides from a Richmond waterway are creating divisions between local environmental groups and EPA, which previously attempted to clean up the site. The United Heckathorn Superfund Site spans 5 acres of land and 15 acres of marine sediments. It was contaminated between 1947 and 1966 when multiple companies made, packaged, and shipped pesticides in the area. During the 1990s EPA removed more than 100,000 cubic yards of contaminated soil and placed a concrete and asphalt cap over the former Heckathorn plant site. By 2001, the agency determined that pesticide levels in the marine area remained elevated above cleanup goals and, more than two decades later, the contamination persists. EPA began hosting community meetings this year to gather public feedback that could influence future cleanup plans, and a draft plan is expected to be released later this year or in early 2026.


Homeowners say the Army Corps and its contractors mishandled L.A. fire debris cleanup

Bullet Los Angeles Times – August 7

More than 800 complaints have been submitted to a U.S. Army Corps of Engineers hotline dedicated to the agency’s wildfire debris removal efforts, many of which allege that federal crews either did not thoroughly remove wildfire debris or failed to follow protocols. The apparent deficiencies have heightened fears that debris removal efforts could leave behind soil contamination, a possibility FEMA and the Army Corps have not acknowledged even as they argue soil testing is not necessary. In past wildfire cleanups, the amount of soil removed was guided by soil sampling for contaminants. Without testing and measurable cleanup goals, contaminants could potentially be left behind or, alternatively, too much soil could be removed, resulting in significant costs for property owners who then need to replace the soil in order to rebuild.

 

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© Allen Matkins

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