California Environmental Laws and Policies Update – March 2022 #3 | Allen Matkins


Associated Press – March 11

The U.S. Environmental Protection Agency (EPA) is proposing a plan that would limit stack emissions from power plants and other industrial sources that impact neighboring downwind states. The plan announced last Friday aims to help more than two dozen states meet “good neighbor” obligations under the Clean Air Act. In cases where a state has not submitted a “good neighbor” plan—or where the EPA disapproves of a state plan—the new federal plan would go into effect to ensure downwind states are protected. The proposed rule includes a 60-day public comment period. The EPA expects to issue a final rule by the end of the year.

Ball Bloomberg – March 10

The U.S. Securities and Exchange Commission (SEC) is expected to release its highly anticipated plan this month to urge companies to do more to fight climate change. The proposal would require companies to disclose more about the risks posed to their operations by rising temperatures, and could require companies to reveal details such as how much energy they buy. The SEC will consider the proposal on March 21, but a final rule is still months away. After the SEC proposes the plan, the commission must seek public comment before holding another vote.

Ball Courthouse News Service – March 15

In a longstanding California water rights dispute, a federal judge will allow a pair of disputed biological advisories issued under the Trump administration in 2019 to remain in effect for the next three years with additional safeguards that, according to some groups, will not guarantee the survival of various endangered fish species. The two advisories allow more water to be sent to some 20 million farms, businesses and homes in southern and central California through two federal and state water diversion projects. Last Friday, U.S. District Judge Dale Drozd approved the governments plan to hold the two disputed opinions while the Biden administration reconsiders them. While these reviews are pending, an interim plan of operations will be put in place with provisions designed to provide additional protections for endangered fish.

Ball San Francisco Chronicle – March 11

Amazon can be sued under California law for failing to warn the public that products sold on its website contain ingredients that may cause cancer or reproductive harm, a court ruled last Friday. state call. An Alameda County Superior Court judge dismissed a lawsuit over skin-lightening creams marketed on in 2019, in part because of a federal law that shields website operators from harm. responsibility for the content of material posted by others. But the San Francisco First District Court of Appeals ruled that Amazon was not merely acting as a forum for retailers, but was taking an active role in selling the products and could be held liable for their known dangers.

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