California Environmental Law & Policy Update 5.2.25

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White House Council on Environmental Quality releases draft NEPA template following CEQ’s rescission of longstanding regulations

Bullet Allen Matkins – April 22

The White House Council on Environmental Quality (CEQ) circulated a draft template, dated April 8, 2025, to assist federal agencies in updating their procedures for implementing the National Environmental Policy Act (NEPA). CEQ included a cover letter clarifying that federal agencies may adopt, modify, or disregard the suggested procedures, which do “not establish new requirements, create legal obligations, or represent CEQ’s final position on how agencies should implement NEPA.” Nonetheless, the draft template includes notable potential departures from NEPA practice under CEQ’s previous regulations — originally adopted in 1978 — and appears to prioritize shorter environmental review periods and greater adherence to statutory time limits, while narrowing opportunities for public input.


News

EPA says it will tackle ‘forever chemicals.’ Details are sparse.

Bullet The New York Times - April 28

Last year, former President Joe Biden set the first limits on per- and polyfluoroalkyl substances (PFAS) in drinking water, effectively requiring municipal water systems to remove certain kinds of PFAS. Water utilities and chemical-industry groups filed suit arguing that the drinking water standards would be too costly. The Trump administration now faces a May 12 deadline to decide whether to continue to defend the standards in court. On Monday, the U.S. Environmental Protection Agency (EPA) announced other measures to address PFAS contamination, including designating an official to lead the agency’s PFAS efforts, creating guidelines for how much PFAS factories can release in their wastewater, and engaging with Congress to come up with ways to hold polluters responsible. Environmental groups said the agency’s plans lack specifics.


Supreme Court signals it will let fuel producers sue over California emission standards

Bullet SiliconValley – April 28

The U.S. Supreme Court indicated this Wednesday that it will revive a lawsuit from fuel producers challenging California’s strict vehicle emission rules, with both conservative and liberal justices signaling that the companies have standing to sue. Several of the justices suggested that a federal appeals court in Washington, D.C. erred when it barred the fuel makers’ suit on the grounds that market forces are driving the national push toward electric vehicles far more than California’s regulations. The Supreme Court specifically declined to review the legality of the associated Clean Air Act waiver, denying an appeal in December that raised that very question.


Kinder Morgan fined $226,990 for air quality violations in Bay Area

Bullet San Francisco Chronicle – April 24

Kinder Morgan and its subsidiaries must pay a $226,990 fine for violations that occurred in 2022 and 2023 at the company’s Bay Area fuel terminals, Bay Area Air Quality Management District officials announced last Wednesday. The violations involved gaps and other issues with fuel tank roofs as well as excess fuel storage levels at the company’s terminal in Richmond and a 10-gallon gasoline spill and two vapor leaks at its San Jose facility, all of which the District said Kinder Morgan has corrected.


Potential Valero refinery closure leaves Benicia, state officials looking for alternatives

Bullet KQED – April 26

A week after Valero announced plans to “idle, restructure, or cease” operations at its Benicia oil refinery by next April, company executives said that while the plant’s closure was more than likely it was not yet a foregone conclusion. In an earnings call on April 24, Valero executives said they had plans to meet with state and local officials to discuss potential options. Valero CEO Lane Riggs cited California’s tough “regulatory and enforcement environment” as the main driver behind the company’s intent to cease operations at the sprawling North Bay facility. The Valero Benicia refinery is the sixth largest refinery in California and the exclusive supplier of jet fuel to nearby Travis Air Force Base, which it delivers through a direct pipeline.


State will deliver more water to Southern California this year via State Water Project

Bullet Los Angeles Times – April 30

Southern California cities can expect to receive 50% of their full water allotments this year from the aqueducts of the State Water Project, up from 40% last month, as runoff from this year’s ample snowpack continues to fill reservoirs in Northern California. The increase in the state’s water allocation followed a similar announcement on Monday by the U.S. Bureau of Reclamation, which manages supplies from the federal Central Valley Project.

 
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© Allen Matkins

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