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California Environmental Law & Policy Update – May 2022 | Allen Matkins
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California Environmental Law & Policy Update – May 2022 | Allen Matkins

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Bullet NBC News – May 4

U.S. officials announced Tuesday unprecedented measures to raise water levels at Lake Powell. The artificial reservoir on Colorado River is where water levels are so low that hydroelectric power production is threatened for seven Western States. The Bureau of Reclamation will release another 500,000 acre-feet of water to Lake Powell this year from Flaming River Reservoir, amid a drought that has been worsened by climate change. Officials stated that 480,000 acres more will be kept in the artificial lake at the Utah-Arizona boundary.


Bullet The San Diego Union-Tribune – May 5

San Diego has won an important victory in the battle with the state to determine who should pay for the testing of lead in water. The city began testing at hundreds of schools in 2017 and continued until 2017. A state appeals court ruled unanimously last week that a state policy requiring water agencies to conduct such tests is a new requirement imposed on local government that qualifies as an “unfunded mandate.” While city officials were not opposed to the testing, they argued that the unfunded mandate could set a troubling precedent for city taxpayers.


Bullet E&E News – May 3

The U.S. Environmental Protection Agency (EPA) may classify polyvinyl chloride (PVC), a type of plastic often used in building materials, children’s toys, and other common items, as hazardous waste, as part of a settlement with the Center for Biological Diversity. The agreement requires that the EPA determine within nine months whether to give this classification. PVC is linked with a number of health issues, including reproductive risk, and advocates say it can cause cancer at all stages of life.


Bullet The Mercury News – May 3

Two of Contra Costa County’s four refineries will soon make the switch from processing crude oil to producing biofuels made from sources such as vegetable oils, animal fats, and livestock feed. Over the objections of environmentalists who argued that biofuel production creates its own emissions and odor problems, the Contra Costa County Board of Supervisors on Tuesday approved Marathon Petroleum’s plan to start producing liquid biofuels at its Martinez plant and Phillips 66’s plan to do the same at its refinery in Rodeo. Union workers were also present at the meeting and urged the board to allow the refineries the right to alter operations.


Bullet Los Angeles Times – April 30

Investigators discovered hundreds upon hundreds of barrels full of toxic chemicals near a Lincoln Heights warehouse during the summer 1984. American Caster Corporation, which operated the warehouse, was fined and sentenced to jail for executives of the company and some employees. Developers now want to demolish and build mixed-use apartments. One resident found archived. Los Angeles TimesArticles that highlight the 1984 case show that community members claim that California regulators have failed proper testing of the dumpsite over the decades and the surrounding properties. They are calling to create a new cleanup plan.


Bullet The Bakersfield Californian – May 4

Kern County’s lawsuit challenging California’s de-facto ban on hydraulic fracturing, commonly known as fracking, has been dismissed after Fresno Superior Court Judge Gabriel Brickey on April 5 found the county’s suit qualified as a “SLAPP,” or “strategic lawsuit against public participation.” Kern County’s petition for writ of mandate, authorized in August, had accused Governor Newsom of overstepping his authority by unjustifiably denying permit applications for fracking and other well stimulation treatments common in Kern oilfields.

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