Focus
The New York Times – January 12
For decades, the U.S. Environmental Protection Agency (EPA) has calculated the health benefits of reducing air pollution, using the cost estimates of avoided asthma attacks and premature deaths to justify clean air rules. Not anymore. EPA now plans to stop tallying gains from the health benefits caused by curbing two of the most widespread deadly air pollutants, fine particulate matter and ozone, when regulating industry. Long-term exposure to both pollutants is linked to asthma, heart and lung disease, and premature death and even moderate exposure to fine particulate matter can damage the lungs about as much as smoking. EPA’s change could make it easier to repeal limits on these pollutants from industrial facilities across the country.
News
The New York Times – January 13
The EPA this Tuesday moved to limit the ability of states to block the construction of oil and gas pipelines, coal export terminals, and other energy projects. The proposed rule would narrow the scope of Section 401 of the Clean Water Act, which allows states and tribes to review, and ultimately to approve or veto, federal permits for energy projects that could discharge pollutants into nearby waterways. Under the proposed change, states and tribes would have the authority to address the direct water quality effects of a given project but not other factors like air pollution or traffic, and would have a maximum of one year to act on certification requests for federal permits.
The Bakersfield Californian – January 15
The U.S. Department of Justice (DOJ) filed a lawsuit Wednesday in the U.S. District Court for the Eastern District of California to nullify a contentious state law banning oil field activity within 3,200 feet of homes and other sensitive sites. The suit seeks a declaration that the landmark 2022 Senate Bill (SB) 1137 is unconstitutional. A DOJ news release said the department will file for a preliminary injunction within days to halt its enforcement, stating that SB 1137 is preempted by two federal laws and its enforcement would forestall about one-third of all federal oil and gas leases in California. Environmental justice advocates pushed for years for oil-field setbacks as a way of protecting nearby residents they said have suffered from a variety of oil-related respiratory ailments and birth defects. But industry proponents have argued there is no scientific evidence supporting the 3,200-foot buffer zone.
The Acorn – January 16
A Ventura County Superior Court judge ruled on January 8 in favor of the California Department of Toxic Substances Control (DTSC) and Boeing, rejecting a lawsuit brought by community and environmental groups challenging a cleanup agreement related to soil contamination at the Santa Susana Field Laboratory (SSFL). The 2,850-acre SSFL, located in the hills above Simi Valley, was used during the Cold War for rocket engine testing and nuclear research and became contaminated with radioactive materials and hazardous chemicals, prompting decades of community concern and demands for a full cleanup. The plaintiffs alleged a 2022 agreement between DTSC and Boeing improperly paved the way for soil cleanup decisions by presuming future land use ahead of the full environmental review required under the California Environmental Quality Act, ruling out stronger cleanup options before the environmental review was complete. In rejecting the petitioners’ argument, the court ruled that the agreement neither committed DTSC to a specific cleanup plan nor prevented them from considering other cleanup options.
Courthouse News Service – January 12
The U.S. Bureau of Land Management (BLM) on Monday released documents detailing plans to allow oil and gas drilling on one million acres of public land across Southern California while downplaying the environmental impact of the development. BLM’s Bakersfield Field Office wrote in the report that “The draft supplemental environmental impact statement concludes that emissions from oil and gas development are minor and are not expected to significantly affect regional air quality or public health.” BLM’s proposals seek to open oil and gas leasing in the Golden State’s Pinnacles National Park, Mount Diablo State Park, Henry W. Coe State Park, and Black Diamond Mines Regional Preserve.
Los Angeles Times – January 12
In a remarkable reversal, EPA announced on Tuesday that the Federal Emergency Management Agency (FEMA) will pay for soil testing for lead at 100 homes that were destroyed by the Eaton fire and cleaned up by federal disaster workers. FEMA officials had resisted calls to test properties for toxic substances after federal contractors finished removing fire debris. According to the EPA, FEMA will randomly select 100 sites for the testing from the 5,600 homes that had burned down in the Eaton fire and where the U.S. Army Corps of Engineers oversaw the removal of ash, debris, and a layer of soil. EPA officials said the agency would share soil-testing results with property owners, in addition to Los Angeles County and state agencies but did not say whether they intended to remove another layer of soil if lead levels exceed state and federal standards.
Daily Democrat – January 15
Earlier this week, Yolo County Superior Court Judge Samuel McAdam approved a settlement imposing $1.16 million in civil penalties and investigative costs on defendants in an environmental protection action. According to a Yolo County District Attorney’s Office press release, Sherali Davis LLC; Sherali Gas Company, Inc.; and Ali, Habiba, and Shanawas Sherali admitted violating environmental laws at three retail gas stations. As a result of this settlement, defendants are subject to a permanent statewide injunction among other requirements. The Sherali defendants cooperated with the investigation and committed to lawfully operating in the future.
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