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On January 20, 2016, the Governor’s Office of Planning and Research (“OPR”) released a revised draft of thresholds for measuring transportation impacts under the California Environmental Quality Act (“CEQA”). These draft thresholds are designed to promote the reduction of greenhouse gas emissions (“GHG”) pursuant to its mandate under Senate Bill 743 (Steinberg, 2013). The initial draft was released for review in August 2014.

OPR’s revised draft is fundamentally similar to its initial draft. In particular, under both drafts, the focus of a project’s transportation impacts analysis under revised Guidelines would shift from analyzing the project’s potential to increase traffic delays to the project’s effects on GHG emissions by focusing on vehicle miles traveled (“VMT”). The CEQA Guidelines have always focused a project’s potential transportation impacts analysis on the project’s potential to increase traffic delays by analyzing the project’s level of service (“LOS”). …
Continue Reading Updates to CEQA Guidelines for Transportation Impacts Analysis Under SB 743

On Thursday, December 10, environmental organizations filed a complaint against Kern County in California Superior Court alleging that the County violated the California Environmental Quality Act (“CEQA”) by preparing a “grossly inadequate” Environmental Impact Report (“EIR”) for its new oil and gas rules.  The Sierra Club, Center for Biological Diversity, and the Natural Resources Defense Council (jointly “the Sierra Club”), along with several other local organizations, take issue with the programmatic approach of the EIR, and urge a well-by-well environmental analysis.  This lawsuit comes as no surprise to the County.  Environmental groups have a long history of opposing oil and gas development in Kern County, which produces over 70% of all the oil in California.

This lawsuit comes in reaction to a Kern County zoning ordinance amendment which harnessed broad local support.  On November 9, 2015, the Kern County Board of Supervisors unanimously approved amendments to Title 19 of the Kern County Zoning Ordinance which provides a streamline permitting process for oil and gas operations.  Notably, the new ordinance encourages oil and gas producers to work with surface owners to agree on a development plan, promoting cooperation and transparency.  The amendments also required the County to conduct an extensive environmental analysis pursuant to CEQA.  The Board of Supervisors certified the Final EIR after holding multiple public Scoping Meetings and reviewing various mitigation measures.Continue Reading Environmental Challenge Blasts Kern County Oil and Gas Rules

On Friday, November 6, three environmental organizations filed suit against the City of Los Angeles in California Superior Court for the County of Los Angeles. The three groups, Youth for Environmental Justice, the Center for Biological Diversity and the South Central Youth Leadership Coalition, allege that the “City of Los Angeles has for years employed a pattern or practice of rubber stamping oil-drilling applications in violation of the California Environmental Quality Act (“CEQA”).” Verified Complaint and Petition for Writ of Mandate, at 2. By categorically exempting oil-drilling projects from CEQA, the Complaint states that L.A. has permitted a disproportionately high number of drilling operations in low-income communities and neighborhoods where people of color reside. According to the environmental groups, this is a racially discriminatory practice because the City of L.A. exhibits a pattern of “developing and approving weaker conditions for drill sites in communities where a vast majority of the residents identify as Latino and black.” Id. at 26.

The Complaint focuses especially on the risks of drilling operations on children. “Because  they breathe at a higher rate, and drink more water and consume more food in proportion to their body size, children receive higher doses of toxins and contaminants than adults.” Id. at 12-13. Further, in contrast to the public outcry over fracking, the environmental groups note that the emissions from oil and gas development in L.A. are associated with “traditional drilling,” not necessarily hydraulic fracturing. The Complaint also addresses the alleged risks of acidizing and gravel packing techniques, though.
Continue Reading Environmental Justice Lawsuit Accuses L.A. of Discriminatory Oil Permitting

On October 8, the California Department of Conservation (“DOC”) released a Renewal Plan for Oil and Gas Regulation (“Renewal Plan”) to revamp its regulatory program.  The goal of the Renewal Plan is to continue the DOC’s focus on environmental protection and public health, and it will shape the DOC’s regulatory decisions for the next two years.

The Renewal Plan contains four objectives: (1) regulatory overhaul, (2) new regulations for “new realities,” (3) modernization of data management, and (4) ensuring a high-quality workforce.  California’s Underground Injection Control (“UIC”) program is a key focus, and the Renewal Plan calls for a review of aquifer exemptions.  Exempt aquifers are those that are permitted to receive injection of Class II fluids (fluids associated with the production of oil and gas).  The review of exempt aquifers will ensure that Class II fluids are not being injected into potential drinking water sources.
Continue Reading Bunn’s “Renewal Plan” will Overhaul Oil & Gas Regulation in California Starting Next Year

On October 21, 2015, the California Water Commission (“CWC”) adopted emergency regulations formulated by the Department of Water Resources (“DWR”) that establish a process by which local agencies may seek groundwater basin boundary modifications.  The proposed regulations are the first of their kind authorizing DWR to formally consider requests by local agencies to modify groundwater…

The California Office of the Attorney General is seeking to limit certain payment provisions common in Prop. 65 plaintiffs’ settlements with defendants. The proposed rulemaking, published September 25, 2015, would limit the sums payable to the plaintiffs “in lieu of” civil penalties (often referred to as “Additional Settlement Payments”), as well as require ongoing judicial supervision of how plaintiffs actually expend these funds. The proposal would also permit award of plaintiff’s attorneys’ fees and costs only in cases where there a “significant” public benefit was obtained. The Attorney General’s office stated that the proposals are intended to bring Prop. 65 practice more in line with the drafters’ intent, as well as increase public accountability of the plaintiffs’ bar.
Continue Reading California Attorney General Targets Prop. 65 Plaintiffs’ Settlement Terms

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) recently released several new pre-regulatory draft proposals regarding Proposition 65 (“Prop 65”). With one possible exception, the pre-regulatory draft proposals double down on the existing Prop 65 burden for companies doing business in California, and would make defending a Prop 65 action even more costly. In an…

As one of many implementation steps under the Sustainable Groundwater Management Act (“SGMA” codified as Water Code §§ 10720 et seq.), basin boundary regulations were released recently by the California Department of Water Resources (“DWR”), with a public comment deadline set for Friday, September 4. DWR is holding public meetings this week to solicit…

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