California Environmental Law & Policy Update 2.14.25

Allen Matkins
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Feds won’t test soil after L.A. wildfire cleanup, potentially leaving contamination behind

Bullet Los Angeles Times – February 12

The U.S. Army Corps of Engineers said Wednesday that it won’t order soil testing at properties damaged by the Eaton and Palisades fires after they have been cleaned by private federal contractors, breaking with a long-standing safeguard to ensure that contamination is not left behind after wildfires. Federal and state agencies have called for soil samples to be collected and analyzed at homes and schools cleaned by work crews after nearly every major wildfire in California for the last two decades. The process, known as confirmation sampling, is intended to verify that the soil at these properties no longer harbors toxic chemicals above the state’s cleanup standards once potentially toxic-laden ash and rubble, and up to six inches of topsoil, are removed.


News

Smoke from East Bay refinery fire contained cancer-causing chemicals, report says

Bullet San Francisco Chronicle – February 11

An explosive fire that ignited at a Martinez oil refinery and triggered shelter-in-place warnings emitted cancer-causing chemicals and other harmful products into the air, Contra Costa County health officials reported this Tuesday. The fire burned petroleum and other substances Martinez Refining Co. uses in refining gasoline, which generated smoke containing particulate pollution as well as benzene, hydrogen sulfide, sulfur dioxide, and xylene. The County stated that the wind blew most of the toxic smoke north of the refinery, away from populated areas, and is working with a toxicologist to determine whether the smoke impacted local soils and bodies of water.


We now know where toxic ash from the L.A. wildfires could end up

Bullet Los Angeles Times – February 7

Despite repeatedly warning that wildfire debris likely contains hazardous substances, public officials are preparing to dump millions of tons of contaminated ash and rubble from the Eaton and Palisades fires into Southern California landfills that were not designed to handle high concentrations of toxic chemicals. Ordinarily, when toxins are found at high levels in solid waste, they are disposed of at specialized hazardous waste landfills, which are typically located far from densely populated areas and engineered with environmental protections to prevent leakage that might affect nearby residents. However, in the event of disasters, the state has historically passed emergency waivers and exemptions allowing potentially contaminated debris — including wildfire ash — to be treated as nonhazardous waste and taken to landfills that typically handle only trash and construction debris. State and local officials have not yet named the landfills designated to accept debris from the Eaton and Palisades fires.


Historic pact reached on future Eel River water flows into Russian River

Bullet The Press Democrat – February 12

Officials from three counties and the Round Valley Indian Tribes have reached an historic agreement that paves the way for continued diversions from the Eel River to bolster flows in the Russian River. The complex accord resulted from years of negotiations to preserve supplemental flows in the Russian River, the water lifeline for residents, ranchers, and wildlife in Sonoma and Mendocino counties. The agreement also supports restoration and fish recovery in the Eel River, which was crucial to securing support from environmental interests, tribes, and Humboldt County residents.


Bay Area legislator proposes new rules for using recycled water

Bullet SFGate - February 12

The use of recycled water could expand significantly in California under a new bill introduced this week by state Sen. Jerry McNerney. The legislation, Senate Bill 31, is intended to help the state reach its goal of having people use 1.8 million acre-feet of recycled water annually by 2040. Currently, Californians use about 700,000 acre-feet per year, according to McNerney's announcement. If approved by the Legislature and signed by the governor, the bill would expand the use of recycled water in parks, remove regulatory barriers to using it in decorative bodies of water, require homeowners' associations to use it to irrigate outdoor common areas, and allow food handling and processing facilities to use recycled water in toilets or irrigation, among other things.

 
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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. Attorney Advertising.

© Allen Matkins

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