California Environmental Law & Policy Update - January 2022 #2 | Allen Matkins - JDSupra - JD Supra
Focus
An estimated 371,000 Californians -- about 1% of the state's residents -- rely on drinking water that may contain high levels of toxic chemicals such as arsenic, nitrates or hexavalent chromium, according to a study conducted by researchers at the University of California campuses in Berkeley and Los Angeles. According to a press release announcing the results, the study is the first to quantify the average concentrations of multiple chemical contaminants in both community water systems and domestic well areas statewide. Researchers said the results likely understate the number of people impacted by unsafe drinking water, as the study only tested for the presence of three chemicals. The research team also released an online Drinking Water Tool that can be used to look up where water comes from and map areas of the state where groundwater sources are likely contaminated with unsafe levels of arsenic, nitrates, hexavalent chromium and 1,2,3-trichloropropane.
News
Ninth Circuit primed to force EPA to take closer look at herbicide
Courthouse News Service – January 10
Advocates for environmentalists and farm workers attempted to convince a three-judge panel on Monday to set aside the U.S. Environmental Protection Agency’s (EPA) decision to allow the widespread use of glyphosate—the active ingredient in Roundup. The groups argue that EPA erred when it reached an interim decision in 2020 that glyphosate is not dangerous for humans, and that EPA failed to take threats glyphosate poses to endangered plants and animals into account when it made its determination. Representatives for the agricultural community argue that glyphosate is a necessary tool for farmers to keep weeds at bay and maximize crop yields, and EPA’s counsel argued that the Agency’s decision is supported by substantial evidence. The Ninth Circuit’s ruling on this lawsuit could further cloud the future of glyphosate use in the United States.
Santa Clara County petition sparks EPA inquiry of leaded aviation fuel
San Jose Spotlight – January 12
During a news conference on Wednesday, Santa Clara County Counsel James Williams announced that EPA approved a petition from the county and several environmental organizations to evaluate whether leaded fuel used by airplanes is a threat to public health and welfare. Leaded fuel for cars was banned in the U.S. more than two decades ago, but it is still used by some airplanes, including those at the Reid-Hillview and San Martin airports in Santa Clara County. EPA will issue an “endangerment finding” later this year for public review, and then make a final finding in 2023.
California budget aims to clear up port congestion and pollution
The Verge – January 11
Governor Gavin Newsom’s draft budget for the 2022–23 fiscal year, released on Monday, proposes investing $2.3 billion in the state’s congested ports to tackle pollution and supply chain issues. That includes $875 million for zero-emission vehicles and infrastructure — with a majority earmarked for trucks. It also includes $1.2 billion for “port-related” projects, like rail yard expansions, meant to increase the flow of goods from ports to consumers. It’s all part of broader efforts to address climate change in the budget, to the tune of $22.5 billion for climate and clean energy programs.
GM aligns with California on emission rules, state looks to buy GM EVs
Bakersfield Californian – January 10
General Motors officials sent a letter to Governor Gavin Newsom on Sunday stating that the company will recognize California's authority to set vehicle emission standards under the Clean Air Act. GM's move puts it on the list of carmakers eligible for government fleet purchases by the state. Three years ago, Newsom announced the state would not buy GM vehicles because GM had supported federal efforts to ban California from making its own emissions rules.
source: https://www.jdsupra.com/legalnews/california-environmental-law-policy-8764489/
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