In addition to my editorial, "Oh Crap, Another Problem for Agriculture", this newsletter features a number of articles highlighting cases and policies changing the landscape of environmental law. Click on the Federal Focus and California Focus banners above to navigate to their respective sections. I hope you enjoy this edition of our newsletter. As always, we welcome feedback and questions from our readers.
Additionally, I am pleased to announce that we recently launched the firm's specialty website, Environmental Law: Things You Need to Know in California. This website contains descriptive overviews of both federal and state environmental laws, an environmental blog, and breaking news on a variety of environmental-related topics.
To visit the website, click HERE.
Steven L. Hoch
Partner
213.417.5158
shoch@mpplaw.com
Oh Crap, Another Problem for Agriculture
I, like you I presume, need to eat. Sometimes I, maybe like you, eat too much. And finding food is relatively easy in our country. There are restaurants (fast food, slow food, cheap food, expensive food), grocery stores (old term…supermarkets), specialty stores (like a store that only sells herbs cultivated in an organic farm deep in the woods of Humboldt County), farmers markets (which always block the street you want to take) and more. The reason this country is blessed with an abundance of food is because our agricultural businesses are still surviving, although any farmer will tell you it’s a chancy business with an ever increasing amount of regulatory requirements.
Full Story
Court Vacates “Final Rule” Regarding CERCLA and EPCRA Reporting Requirements
The U.S. Court of Appeals for the District of Columbia Circuit recently vacated a 2008 Environmental Protection Agency (EPA) rule that exempted farms from Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements for air releases from animal waste. Waterkeeper Alliance v. Environmental Protection Agency 853 F. 3d 527 (2017). In December 2007, the EPA proposed exempting farms from CERCLA and EPCRA reporting of air releases from animal waste.
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Court Allows Low Carbon Fuel Standards to Remain Effective While Environmental Review Is Corrected
The California Global Warming Solutions Act of 2006 (AB32) established the first comprehensive greenhouse gas regulatory program in the United States. AB32’s goal was to progressively reduce greenhouse gas emissions to 1990 levels by 2020. One of the actions taken by the Air Resources Board (ARB) to achieve this goal was promulgating the low carbon fuel standards (LCFS) regulations, designed to reduce the carbon content of transportation fuels. However, when ARB adopted the original LCFS regulations in 2009, it violated the California Environmental Quality Act (CEQA).
Full Story
Sour Grapes for Environmental Activists: Court of Appeal Affirms Issuance of Permit to Develop Vineyard over CEQA Challenge
In Sierra Club v. County of Sonoma (2017) 11 Cal.App.5th 11, the Court of Appeal held that the Agricultural Commissioner of Sonoma County (Commissioner) correctly issued an erosion-control permit without consideration of the California Environmental Quality Act (CEQA) because issuance of such a permit is a ministerial act and the Commissioner had no authority to mitigate any potential environmental impacts in a meaningful way.
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Court Finds That Adoption of Three Ordinances is not Considered a Single Project Under CEQA
The Sixth District Court of Appeal in California recently held that three ordinances did not constitute a single project under the California Environmental Quality Act (CEQA). Aptos Council v. County of Santa Cruz 10 Cal. App. 5th 266. In 2010, the Santa Cruz County board of examiners adopted an ordinance which authorized administrative approval of “minor exceptions” to zoning site standards. In September 2013, the planning department adopted an ordinance which amended standards for hotel development. In October 2013, the board passed an ordinance which would allow administrative approvals of sign exceptions with a public notice and a public hearing for exceptions that exceeded certain limits.
Full Story
Court Upholds Auction of Greenhouse Gas Emissions Allowances
The California Global Warming Solutions Act of 2006 (AB32) was passed by a simple majority vote of both legislative houses. AB32’s general purpose is to reduce greenhouse gas (GHG) emissions to protect the environment. Plaintiffs and Appellants in California Chamber of Commerce v. State Air Resources Board (Case No. CO75930; April 6, 2017) do not quarrel with AB32 or its goals, but attack one part of the implementing regulations adopted by the state Air Resources Board (ARB). ARB created a “cap-andgrade” program that includes the auction sale of some—but not all—GHG emissions allowances.
Full Story
Where the State Retains NPDES Permitting Authority under the Clean Water Act the Federal Court Has No Jurisdiction to Review
The Ninth Circuit Court of Appeals found that it lacked jurisdiction to review the requirements of draft National Pollutant Discharge Elimination System (NPDES) permits proposed by the Los Angeles Regional Water Quality Control Board (“LA Board”) for two public water treatment plants in Southern California. Petitioners must seek review in accordance with California law. Southern California Alliance of Publicly Owned Treatment Works v U.S. Environmental Protection Agency (9th Cir. 2017) 853 F.3d 1076.
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Newsletter Contributors
Steven L. Hoch
Christopher G. Foster
Richard E. Stultz
Ryan C. McKim
Jason G. Gianvecchio
For more information on the Environmental Law Group, please visit our website.
Visit our specialty environmental website here.
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Disclaimer: This email is designed to provide information in regard to the subject matter and is made available with the understanding that the email does not constitute the rendering of legal advice or other professional services. If legal advice is required, such services should be sought. All rights reserved.
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