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The recent wave of climate change legislation in California also included a new and not particularly well-known law aimed at curbing greenhouse gas (“GHG”) emissions associated with water use. SB 1425 will create a voluntary registry to track the water sector’s energy use and GHG emissions.

According to Senator Pavley, the author of SB 1425, “While some of the water-energy related climate pollution is already covered in the state’s cap-and-trade program (via the electricity generation sector), the state does not currently have a clear accounting of the total greenhouse gas emissions associated with the water system.”

SB 1425 requires CalEPA to oversee the development of a registry for GHG emissions that result from the “water-energy nexus” using the best-available data. Participation in the registry is voluntary and open to water agencies, large water consumers, businesses and others conducting business in the state.  SB 1425 provides that entities participating in the registry may qualify for GHG emission reduction incentives.
Continue Reading New Law Takes Aim at GHG Associated with California’s Water Sector

On Monday, November 30, California Department of Conservation Division of Oil, Gas and Geothermal Resources (“DOGGR”) Supervisor Steven Bohlen submitted his resignation to Governor Jerry Brown, less than 18 months after taking the position.

A statement issued by Governor Brown reveals that Steven Bohlen will return to his position at the Lawrence Livermore National Laboratory …

According to several news organizations, Governor Brown has announced plans to form a new panel to review the recent well stimulation study conducted by the California Council on Science and Technology (“CCST”).

The study found that while there is little evidence that hydraulic fracturing is directly linked to widespread negative health and environmental impacts, additional…

On July 14, a complaint was filed in Sacramento County Superior Court against Governor Brown and the Division of Oil, Gas & Geothermal Resources (“DOGGR”) Supervisor Steve Bohlen.  The lawsuit claims Governor Brown and Supervisor Bohlen have adopted regulations that result in racially disparate impacts from well stimulation on minority students.

State regulators recently implemented…

On May 5, 2015, the State Water Resources Control Board (“Water Board”) adopted Emergency Regulations implementing a statewide 25% reduction of potable urban water use, which includes commercial, industrial, and institutional water use, in addition to residential water use. These regulations are in response to Governor Brown’s April 1, 2015 Executive Order mandating a statewide 25% reduction in water use from June 2015 through February 2016, as compared to the same months in 2013.   These regulations apply to all urban water suppliers, as defined in Water Code section 10617, excluding wholesalers.

To achieve the 25% statewide reduction in potable urban water use, the Water Board requires those areas with high per capita water use to achieve proportionally greater reductions than those with low use. The Water Board assigned each urban water supplier to one of nine tiers depending on the per capita water use in the supplier’s distribution area. Suppliers with the highest per capita water use must reduce water consumption by as much as 36%, while suppliers with the lowest water use must reduce water consumption by only 8%. Upon meeting certain requirements and approval by the Executive Director of the Water Board, some suppliers may qualify to be placed in a special tier requiring only a 4% reduction. Small water suppliers, defined as those with fewer than 3,000 service connections, must achieve a 25% reduction in water use or restrict outdoor irrigation to no more than two days per week. Water suppliers are left to obtain these results through local restrictions on both residential and non-residential users.…

Continue Reading California Water Board Signs Off on Emergency Urban Water Use Restrictions

In Saltonstall, et al. v. City of Sacramento, No. C077772 (Cal. Ct. App. 3rd Dist., Feb. 18, 2015), the Third Appellate District affirmed the judgment of the Superior Court in holding that the City of Sacramento did not violate the California Environmental Quality Act (“CEQA”) by beginning construction of the downtown arena. This appeal comes just months after the Third Appellate District rejected the same petitioners’ arguments that expedited CEQA timelines were unconstitutional. (Saltonstall et al., v. City of Sacramento, No. C077031 (Cal. Ct. App. 3rd Dist., Nov. 20, 2014) (Saltonstall I).)
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Continue Reading Sacramento Kings – 2, Opponents – 0: Court Rules that the Downtown Arena Satisfies Environmental Review Requirements

On the heels of Sacramento County Superior Court Judge Michael Kenney’s decision halting an $8 billion bond sale for the construction of the California high-speed rail (“HSR”) project, Governor Jerry Brown has submitted a budget proposal to reapportion money from California’s surplus fund to the HSR project. 

Notably, the surplus fund includes $850 million generated…

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Governor Brown signed into law new legislation (SB 646-Pauley) that ends what has been described as a dual track system for enforcing California’s Lead Containing Jewelry Law (Health and Safety Codes Section 25214.1-25214.4.2).  The law, which regulates the levels of lead in jewelry, also contained an exemption for retailers that had joined a…

California has two more laws in place to help facilitate development of renewable energy projects after Governor Brown signed Senate Bill 267 and Senate Bill 618 over the weekend. 

SB 267 modifies the existing requirements to prepare a water supply assessment for projects that meet certain size thresholds.  Under the new law, a photovoltaic or…

Governor Brown recently signed Assembly Bill (“AB”) 900 to expedite judicial review of certain “leadership projects” with hope that the streamlining efforts will improve the job market for Californians.  The bills provide an incentive for applicants to move forward with their projects because any challenge to a leadership project Environmental Impact Report (“EIR”) under the…

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As environmental lawyers practicing throughout the State of California, with offices in Sacramento, San Diego, San Francisco, and Truckee, we cover the spectrum of legal issues involving environmental and natural resources law. We created this blog in order to inform clients and readers about developing environmental stories that impact the California business community. Expect our posts to address not only what happened but also the “what now” from a business perspective.