Focus
Draft Joshua Tree Conservation Plan released for public comment
Allen Matkins – December 18
On December 12, 2024, the California Department of Fish and Wildlife released its draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) to the California Fish and Game Commission (Commission), as required by the Western Joshua Tree Conservation Act. The Draft Conservation Plan sets forth management practices and guidelines for the avoidance and minimization of impacts to western Joshua trees. In February 2025, the Commission will hold a meeting to accept public comment on the Draft Conservation Plan.
News
California to ease enforcement action on climate rules for first year of reporting
Utility Dive – December 16
California is offering companies subject to its climate disclosure rule — Senate Bill 253, also known as the Climate Corporate Data Accountability Act — some flexibility to prepare for upcoming compliance deadlines. In an enforcement notice published on December 5, the California Air Resources Board said companies subject to Senate Bill 253 could submit scope 1 and scope 2 greenhouse gas emissions data for 2026 — the earliest reporting deadline under the bill — based on information they “already possessed or [are] collecting at the time this Notice was issued.” CARB will “not take enforcement action for incomplete reporting against entities” in this first reporting cycle, given companies “make a good faith effort to retain all data relevant to emissions reporting for the entity’s prior fiscal year.” California's recent climate reporting rules, including Senate Bill 253, have been challenged in court, as discussed in Allen Matkins’ California Corporate & Securities Law Blog.
Sonoma County must suspend non-emergency well drilling under court order
The Press Democrat – December 18
Sonoma County has once again suspended permitting for non-emergency well drilling, this time pursuant to the order of a Sonoma County judge. The order follows an August ruling in which Superior Court Judge Bradford DeMeo determined the county violated state environmental law in its attempt to draft a controversial ordinance governing wells and groundwater use. In light of that finding, the county must halt non-emergency well permitting until it can complete an environmental review of the ordinance that complies with state law.
EPA grants California authority to ban sales of new gas cars by 2035
Associated Press – December 18
The U.S. Environmental Protection Agency (EPA) on Wednesday granted two requests from California to enforce strict standards for vehicle emissions, including a rule aimed at banning sales of new gasoline-powered cars in the state by 2035. The California rule is stricter than a federal rule adopted this year that tightens emissions standards but does not require sales of electric vehicles. President-elect Donald Trump has said he will move to revoke all California waivers as part of an industry-friendly approach that includes boosting production of fossil fuels and repealing key parts of a landmark 2022 climate law.
Supreme Court dismisses constitutional claim in California air pollution case
Los Angeles Times - December 16
The Supreme Court on Monday declined to consider a constitutional challenge to California’s “zero emissions” goals for new vehicles that argued California’s special authority to fight air pollution does not extend to greenhouse gases and global warming. Over a dissent by Justice Clarence Thomas, the court turned away an appeal from Ohio and sixteen other conservative states which asked the court to rule “the Golden State is not a golden child.” Although Monday’s brief order closes the door on a constitutional challenge to California’s anti-pollution standards, the court agreed to review a different, more targeted legal challenge based on the effects of regulations on third parties.
LA County sues Chiquita Canyon Landfill owners over chemicals, gases hurting health of residents
CBS News – December 17
Los Angeles County is suing the owners and operators of the Chiquita Canyon Landfill in Castaic, alleging the site has released hazardous gases, including benzene, into the air, water, and ground, hurting local residents who have complained of headaches, difficulty breathing, and heart problems. The lawsuit filed Monday in federal court details hundreds of violations issued by the South Coast Air Quality Management Agency and other government agencies and regulators. The 639-acre landfill carries out waste disposal services for the Santa Clarita Valley and surrounding communities in LA County.
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