Focus

The Supreme Court this Wednesday reinstated a Trump-era rule curtailing the power of states and Native American tribes to block pipelines and other energy projects that can pollute rivers, streams, and other waterways under Section 401 of the Clean Water Act. In a 5-4 decision, the justices agreed to halt a lower court’s order throwing out the rule. The Court’s action does not interfere with the Biden administration’s plan to rewrite the rule, with a final version expected in 2023. For decades, federal agencies could not issue a license or permit to conduct activities that could result in any discharge into navigable waters unless the affected state or tribe certified that the discharge complied with the Clean Water Act and state law, or waived certification. The Trump administration in 2020 curtailed that review power after complaints from certain members of Congress and the fossil fuel industry.

News

EPA rule would finally ban chrysotile asbestos

ABC News – April 6

The U.S. Environmental Protection Agency (EPA) on Tuesday proposed a rule to finally ban chrysotile asbestos, a carcinogen that is still used in the manufacture of chlorine bleach, brake pad, and other products. The proposal marks a major expansion of EPA regulation under a landmark 2016 law, the Frank Lautenberg Chemical Safety Act, that overhauled rules governing tens of thousands of toxic chemicals in everyday use under the Toxic Substances Control Act (TSCA). EPA previously moved to ban most asbestos products in 1989, but the rule was largely overturned by a 1991 court decision that weakened EPA’s authority under TSCA to address risks to human health from asbestos or other existing chemicals.

DISH Network to pay $5.5M for dumping hazardous waste in Bay Area landfills

San Jose Inside – April 7

DISH Network agreed to a $5.5 million settlement over allegations it illegally disposed of and mismanaged hazardous waste, state and Alameda County prosecutors announced on Wednesday. The allegations of wrongdoing go back to 2005 when DISH allegedly started disposing of the waste illegally and sending it to landfills that are not set up to handle it, prosecutors said.

Friant water officials dismayed over federal water shuffle

The San Joaquin Valley Sun – April 6

A move by federal water officials to release water from Friant Dam to accommodate the needs of competing farm water users is prompting increased worries from Friant Water Authority over its ability to serve disadvantaged communities in the San Joaquin Valley. Last Friday, the U.S. Bureau of Reclamation announced it would begin releasing water from Millerton Lake to assist San Joaquin River Exchange Contractors who have contracted with federal water officials for Sacramento River water in exchange for historic rights to the Kings and San Joaquin River. “This summer it’s likely that dozens of small and rural or disadvantaged communities on the valley’s eastside will require emergency water supplies as their wells go dry when the aquifers they rely on are not recharged with Friant water,” the agency said.

Boeing ordered to clean up old shooting range in Southern California park

Ventura County Star – April 1

California regulators have ordered Boeing to clean up lead-contaminated soil in Sage Ranch Park in Simi Valley. The state Department of Toxic Substances Control says the cleanup is required on about 31 acres contaminated by lead shot, skeet fragments, and clay pigeon debris left over from when the area was used as a recreational shooting range. From the 1970s through early 1990s, the land north of the Santa Susana Field Laboratory was privately owned and leased to a gun club for Rocketdyne employees and their families. Boeing acquired Rocketdyne in 1996.

Biden administration finalizes tougher fuel economy rules

CNBC – April 1

President Joe Biden’s administration last Friday unveiled tougher fuel economy standards for vehicles, reversing former President Donald Trump’s rollback of U.S. regulations aimed at improving gas mileage and cutting tailpipe pollution. The National Highway Traffic Safety Administration is announcing it will boost fuel efficiency requirements by 8% for both the 2024 and 2025 model years and 10% in 2026. The new standard is slightly more aggressive than the agency’s proposal outlined in August.