California Environmental Law & Policy Update 3.14.25

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EPA moves to narrow regulation of U.S. waterways

Bullet Reuters – March 12

The U.S. Environmental Protection Agency (EPA) announced this Wednesday that it will narrow the definition of waters that can be federally regulated to comply with the Supreme Court's 2023 Sackett v. EPA ruling. This announcement is the latest development in what EPA Administrator Lee Zeldin described as a "ping pong" of changing policies around the regulation of "waters of the United States” (WOTUS) that are protected under the 1972 Clean Water Act. Under the Obama and Biden administrations, EPA had tried to expand the types of waters regulated to include wetlands and streams despite heavy opposition from industry, the agriculture sector, and Republican lawmakers who called it an overreach. Environmental groups have warned that narrowing the definition of regulated waterways would have a detrimental effect on wetland protection.


News

California regulators want to weaken hazardous waste disposal rules

Bullet Los Angeles Times - March 12

Contaminated soil that has been removed during major environmental cleanups or new construction has typically comprised the largest bloc of hazardous waste in California each year. The vast majority of this polluted soil would not qualify as hazardous waste outside of California, because the state defines hazardous waste more broadly than the federal government. But now, the California Department of Toxic Substances Control (DTSC) is recommending loosening the state's hazardous waste rules for contaminated soil, arguing that many nonhazardous landfills are adequately equipped to accept chemical-laced dirt, according to an unpublished draft plan obtained by The Los Angeles Times. Environmental groups say allowing nonhazardous waste landfills to accept contaminated soil would increase the chance of chemicals leaking into groundwater or becoming part of airborne dust blowing into nearby communities. DTSC's recommendations will be detailed in the state's first Hazardous Waste Management Plan, which was required to be published by March 1, 2025, but has not yet been posted publicly.


A breakdown of major EPA deregulatory moves around water, air, climate

Bullet Associated Press – March 12

EPA Administrator Lee Zeldin on Wednesday announced nearly three dozen deregulatory moves that he said would spur the U.S. economy by rolling back environmental rules he argues have unfairly burdened industry. Many of the moves would affect landmark regulations aimed at protecting clean air and water. The 31 changes include reconsidering regulations governing power plant emissions standards, toxic emission limits on power plants, wastewater rules for coal and other power plants, new uses for oil and gas wastewater, petrochemical emergency planning, greenhouse gas reporting requirements, and national emission standards for hazardous air pollutants for U.S. energy and manufacturing. EPA also is reconsidering the 2009 Endangerment Finding under the Clean Air Act, which had determined that planet-warming greenhouse gases endanger public health and welfare. The finding has been at the core of the nation's action against climate change.


EPA eliminating environmental justice offices

Bullet CBS News – March 12

EPA Administrator Lee Zeldin is "eliminating all diversity, equity and inclusion, and environmental justice offices and positions immediately," according to an internal memo obtained by CBS News. The move means the Environmental Justice Divisions within 10 EPA regional offices will be reorganized and eliminated. EPA headquarters already closed its Office of Environmental Justice and External Civil Rights in Washington, D.C. EPA established the Office of Environmental Justice and External Civil Rights in 1992 under former President George H.W. Bush to address "disproportionately high and adverse human health or environmental effects on minority and low-income populations." That Office has undergone several reorganizations throughout the years, and was broadly expanded in 2022 under former President Joe Biden.


EPA terminates Biden-era climate grants worth $20 billion

Bullet ABC News – March 12

EPA has terminated grant agreements worth $20 billion that had been issued by the Biden administration under a so-called "green bank" to finance clean energy and climate-friendly projects. The action comes weeks after the agency froze the grants, which EPA Administrator Zeldin characterized as a "gold bar" scheme marred by conflicts of interest and alleged fraud. The terminations come as three of the nonprofit groups that received grants have filed lawsuits challenging the funding freeze ordered by EPA. Democrats defended the bank program and accused Zeldin of acting without legal authority or evidence of wrongdoing.


Massive warehouse could be built in the heart of beloved Bay Area mountain

Bullet San Francisco Chronicle – March 8

Soon, a quarry nestled below San Bruno Mountain could close and be transformed into a warehouse with a footprint larger than fifteen football fields. Prospective developer Orchard Partners LLC touts the project as a way to create more than 1,000 jobs, raise tax revenue for Brisbane, and fill a critical need for warehouse space on the densely populated Peninsula. Environmentalists, however, fear harm to the mountain, a home to endangered butterflies and a rare swath of undeveloped green space.


Environmentalists appeal decision that favored lithium project near Salton Sea

Bullet Palm Springs Desert Sun – March 10

After a California judge denied environmentalists' claims that the Hell's Kitchen lithium extraction project approved by Imperial County was not adequately studied for water supply, air pollution and tribal issues, the two environmental groups are pressing on. Their appeal filed on March 7 in California's 4th District Court of Appeal could stall the already delayed project. The environmental groups charged in a lawsuit a year ago that Imperial County violated the California Environmental Quality Act by relying on an environmental impact report that failed to adequately analyze and alleviate impacts, including possible air pollution, hazardous waste and impacts to diminishing county water supply. Superior Court Judge Jeffrey Jones, however, concluded that county officials adequately addressed how the project could affect the area's water supply, and that it was not required or able to analyze potential future air pollution.

 
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