ISSUE: CAL Top Stories

Appellate Ruling Backs California’s Emergency Water Rules During Drought

A California appellate court is upholding the state water board’s authority to impose emergency environmental protection rules and water curtailments during times of drought that limit private water rights, a ruling that some experts say is even more important as climate change threatens to bring more frequent and longer droughts. However, the water rights-holding company that brought the challenge plans to appeal the ruling to the California Supreme Court and potentially take the matter to federal courts based on the...

Uber Urges CARB To Ease Draft GHG Limits, Prioritize Compliance Flexibility

Uber Technologies, Inc. is urging California air regulators to relax a draft proposal setting first-time greenhouse gas and “electric vehicle miles traveled” (eVMT) targets for transportation network companies (TNCs) operating ride-hailing services, while prioritizing compliance flexibility due in part to economic disruptions caused by COVID-19. “The current eVMT targets are too high, under current and foreseeable market conditions and existing policy frameworks supporting battery [electric vehicle (EV)] adoption, and will unfairly burden TNCs and TNC drivers,” states June 29 comments...

California Makes GHG Claims In NEPA Equity Suit Over FAA Airport Approval

California and environmentalists are including greenhouse gas claims in the opening briefs of their environmental justice-based challenge to the Federal Aviation Administration’s (FAA) National Environmental Policy Act (NEPA) review and subsequent approval of an airport expansion project in the state. FAA’s “failure to evaluate the Project’s conformity with California’s greenhouse gases standards violates their obligation under NEPA to consider whether the Project ‘threatens a violation’ of state requirements,” reads a June 30 opening brief filed by state Attorney General (AG)...

Outdoor Equipment Makers Charge Draft CARB Rules Fail EPA Waiver Test

Intensifying their strong opposition to draft California air rules to significantly tighten emission standards for a variety of lawn, garden and other outdoor equipment, industry groups argue the rule would fail to meet criteria to obtain a Clean Air Act preemption waiver from EPA, which the state needs to adopt and enforce new standards. “The Potential Rules presented on June 9th fail to provide an appropriate lead time considering new product development and the waiver approval process, or the regulatory...

CARB Again Revises ‘At-Berth’ Ocean Vessel Rules Due To COVID-19 Crisis

California air officials are advancing a revised proposal to cut emissions from a variety of “at-berth” ocean-going vessels that relaxes certain provisions due to the COVID-19 economic downturn, but both environmentalists and industry stakeholders are maintaining objections to specific elements of the plan. “We are concerned that longtime opponents of emission controls have suddenly discovered COVID-19, claiming a new environment and an opaque future dictate rethinking the proposals,” said Peter Warren, representing the San Pedro Peninsula Homeowners Coalition, during a...

California Legislative Leaders Appear To Block $7 Billion Climate Bond Bill

The Democratic leadership of the California Legislature appears to be quashing a bill floating an ambitious $7 billion climate resilience bond that would be placed on the Nov. 3 statewide ballot, with sources suggesting they fear voters who are struggling financially and otherwise due to COVID-19 may reject the measure. “It’s not clear that the leadership will bring it to a vote,” says one source who supports the legislation, which includes AB 3256 by Assemblyman Eduardo Garcia (D-Coachella). “Given the...

Glyphosate Ruling May Bolster Prop. 65 Defenses Though Appeal Expected

The federal court ruling permanently blocking California from requiring Proposition 65 cancer warning labels on products containing glyphosate may bolster other First Amendment challenges to the unique toxic warning law, lawyers tracking the issue say, though they expect the state will appeal the decision. “If upheld following a likely appeal, this ruling could set the stage for future First Amendment challenges to [the California Office of Environmental Health Hazard Assessment’s (OEHHA)] orders under Proposition 65 as unconstitutional compelled speech where...

CalEPA Chief Signals Openness To Strengthening Cap & Trade Program

CalEPA Secretary Jared Blumenfeld is signaling an openness to tightening the state’s greenhouse gas cap-and-trade program amid longstanding calls to do so by some state lawmakers and academics, a potentially major shift that could include cutting the number of credits freely allocated to industry and significantly increasing the price of allowances. Blumenfeld is citing the widespread impacts from the COVID-19 pandemic, which slashed the amount of revenue generated by the most recent cap-and-trade auction after a significant slowdown in economic...

California Budget Backs Key Air Quality Programs, Defers Other Decisions

A fiscal year 2020-21 budget deal reached between California lawmakers and Gov. Gavin Newsom (D) is restoring funding for some key air quality programs, while deferring action until later this year on how to spend revenue from the state’s greenhouse gas cap-and-trade program and sweeping reforms at the toxics department. Lawmakers are scheduled to pass the budget compromise on June 26, with Newsom expected to sign the legislation shortly thereafter. The state has an estimated $54 billion shortfall due to...

California Further Rebuts DOJ’s Claim Quebec GHG Link Unconstitutional

California is expanding its defense against the Trump administration’s remaining claim that the state’s greenhouse gas cap-and-trade program link to Quebec is unconstitutional, detailing multiple arguments before a federal district court that the connection does not violate the Foreign Affairs Doctrine. “Faced with a lack of authority and evidence for its arguments, Plaintiff devotes a significant portion of its brief to muddying the standard for foreign affairs conflict preemption, attempting to lower its burden below what the Supreme Court and...

Judge Backs Industry’s Free Speech Case In Blocking Prop. 65 Warning

In a potentially precedent-setting decision, a federal judge has permanently blocked California from requiring companies to provide Proposition 65 cancer warning labels on products containing glyphosate, the active ingredient in many herbicides and the popular weed killer Roundup, finding the mandate violates their First Amendment rights. “While there have been some new developments since the court granted the preliminary injunction, these developments do not change the court’s conclusion that the Proposition 65 warning requirement for glyphosate is misleading and therefore...

California Bill Would Exempt Transit, ‘Climate Friendly’ Projects From CEQA

A leading Democratic California state senator is floating legislation to exempt from the state’s umbrella environmental protection review law transit and “climate-friendly” road projects, but environmental and equity groups argue the bill is far too broad and likely will boost pollution in disadvantaged communities. “To recover from this economic disaster, we must prioritize economic recovery and investment,” said Sen. Scott Wiener (D-San Francisco), author of the bill, in a June 15 press release. “SB 288 will put people back to...

Appellate Court Strikes Down San Diego Climate Plan, GHG Offset Measure

In a win for environmental groups, a California state appellate court has upheld a lower court ruling that San Diego County’s climate action plan (CAP) and greenhouse gas offset measure violate the California Environmental Quality Act (CEQA) because they do not adequately justify their reliance on out-of-county carbon offset projects. “This decision will slow, if not stop, sprawl developments that would jeopardize the County’s ability to achieve its fair share of a reduction in greenhouse gases to avoid climate catastrophe,”...

CARB To Formally Propose Truck Low-NOx Limit Amid Industry Opposition

California Air Resources Board (CARB) officials late this month will formally propose stringent low-nitrogen oxide (NOx) standards and other emission requirements for heavy-duty trucks beginning with model year 2024, amid strong opposition from truck makers and a continued delay in EPA’s proposed update to federal NOx limits. “We expect to release the regulation package and notice on or about June 26th for a 60-day comment period -- extended beyond the mandated 45-day comment period to aid stakeholder participation -- and...

California Cosmetics Bill Wins Wide Support After Industry Drops Opposition

California Assembly lawmakers have overwhelmingly approved legislation that would prohibit 12 chemicals from being added to cosmetic products starting in 2025, a move that came after industry groups dropped their opposition when the bill’s sponsors offered a series of amendments easing the measure’s requirements. The bill, AB 2762 by Assemblyman Al Muratsuchi (D-Torrance) and two other lawmakers, mirrors regulations adopted by the European Union (EU) that limit the use of certain chemicals in cosmetics, an approach environmentalists welcomed. “More than...

California Analysts Suggest Lawmakers Weigh Reprioritizing GHG Funds

California legislative analysts are suggesting lawmakers consider reprioritizing how money generated by the state’s greenhouse gas cap-and-trade program is spent in fiscal year 2020-21 due to a sharp decline in revenue as a result of the economic impacts of COVID-19, including potentially cutting funding for the embattled high-speed rail (HSR) project. “The Legislature should consider both continuous appropriations and discretionary spending when identifying its priorities and developing a funding strategy” for the Greenhouse Gas Reduction Fund (GGRF), states a Legislative...

Outdoor Equipment Makers Raise Concerns On New CARB Draft Air Limits

Manufacturers of lawn, garden and other outdoor equipment are raising a host of initial concerns over a draft proposal by California air board officials to tighten exhaust and evaporative emission standards, as well as a requirement that beginning in 2028 companies can only make electric zero-emission models intended for sale in the state. And commercial landscapers fear the rules will force them to purchase increasingly more expensive equipment as the rules ratchet down on emissions, including electric models that they...

California Lawmakers Delay Budget Decisions On New Toxics Board, Fees

California lawmakers are delaying controversial budget-related decisions on creating a new toxics department oversight board and giving the department new authority to substantially raise fees on industry, giving lawmakers, Newsom administration officials and key stakeholders several more weeks to continue negotiating the issues. “The fiscal reform proposal to alter the fee structures under the Hazardous Waste Control Account (HWCA) and Toxics Substances Control Account (TSCA), in particular, will unquestionably result in significant cost increases for permittees and generators that will...

Intensifying Industry Fears, California Court Upholds Prop. 65 Listing for DINP

A California appellate court has upheld a state committee’s listing of the widely used plasticizer chemical diisononyl phthalate (DINP) as a carcinogen under the state’s Proposition 65 product warning law, raising the stakes for the chemical sector as it awaits an EPA evaluation under the revised toxics law that could help them fight the state’s decision. In a June 10 opinion , a three-judge panel of California’s Third Appellate District Court of Appeal rejected American Chemistry Council (ACC) arguments that...

Industries Fight CARB Plan To Greatly Expand Air Toxics Reporting List

Numerous industry sectors are fighting a proposal by California air board officials to expand by more than 700 a list of substances for which companies must quantify or report air toxics emissions, charging that many chemicals pose no health threats and dozens of others are already subject to EPA reporting requirements. “We are deeply troubled by the significant reporting burden that will result from the addition of such a large number of chemicals, including more than 150 substances and 11...

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