In line with the Biden administration’s focus on expanding offshore wind energy, the Bureau of Ocean Energy Management (BOEM) is seeking public review and comments on the draft Morro Bay Wind Energy Area (WEA) environmental assessment (EA) by Friday, May 6, 2022. The EA for the Morro Bay WEA “considers potential environmental and socioeconomic effects from issuing offshore wind energy leases and related site characterization and assessment activities.” Written comments may be filed or shared virtually at the April 14 or April 19 meeting.

Continue Reading BOEM Prepares for California Offshore Wind Energy Area with Request for Public Comments on Draft Environmental Assessment

On April 5, 2022, the California Office of Environmental Health Hazard Assessment (OEHHA) published a second 15-day notice of modification to its proposed Proposition 65 safe harbor “short-form” warning regulations.  If adopted, the amendments would significantly impact businesses’ use of the short-form warnings.

Continue Reading California Proposition 65: OEHHA Publishes Second Modification to Proposed Rules to Short-Form Warnings

Late last month, California adopted a first-in-the nation strategy to address microplastics in the environment. Shortly thereafter, on March 2, 2022, the United Nations Environment Assembly adopted a resolution setting up a path to a global treaty to end plastic pollution. And, after adopting the world’s first regulatory definition of “microplastics in drinking water” in 2020, California anticipates additional action addressing microplastics in drinking water as early as this month.
Continue Reading California and the World Move Toward Cleaning Up Microplastics: What You Need to Know Now

On Monday, the State of California launched a new group out of Governor Newsom’s office – the Climate-Related Risk Disclosure Advisory Group just as CERES (Coalition for Environmentally Responsible Economies), a non-profit organization that has been a significant voice over the past decade on climate and sustainability economic issues, issued a report entitled, Turning Up the Heat, The need for urgent action by U.S. financial regulators in addressing climate risk.

Continue Reading Actions on Climate Change Disclosure in California and New Report Indicate Spring May Be In Like a Lion and Out Like One Too!

Late last year, New Jersey became the first state to require via legislation that its environmental state agency evaluate the contributions of certain facilities to existing environmental and public health stressors in overburdened communities when reviewing certain permit applications. California, never to be outdone, has begun its own legislative process to further incorporate environmental justice into state decision-making.

Continue Reading California Takes Steps to Incorporate Environmental Justice into Permitting Decisions

In challenges to California development projects, the “usual suspects” typically include environmental NGOs or neighborhood organizations.  However, that’s not always the case, as illustrated by a new lawsuit filed by the South Coast Air Quality Management District (“SCAQMD”) against the Port of Los Angeles.
Continue Reading With ZEVs and Air Toxics in Mind, CARB Seeks to Inject Itself into SCAQMD’s Lawsuit Against Port of LA

BSEE’s August 2020 update of its Notice to Lessees signals renewed interest in decommissioning of aging oil & gas platforms offshore of California. While so-called “rigs to reefs” in-place decommissioning is a potential option, uncertainty remains surrounding decommissioning methods and timing for platforms, pipelines and related infrastructure located in state and federal waters off the coast of California.
Continue Reading BSEE Renews Offshore Platform Decommissioning Guidelines

On June 11, 2020, the California Assembly passed the Toxic-Free Cosmetics Act, Assembly Bill (A.B.) 2762[1], by a bipartisan vote of 54-0.  If enacted by the Senate, the law would be the first in the United States to ban twelve ingredients, including mercury and formaldehyde, from beauty and personal care products sold in California due to toxicity concerns.
Continue Reading Cosmetics Sold in California are Set for a Face Lift

The California State Water Resources Control Board is poised to become “the first regulatory agency in the world to specifically define ‘Microplastics in Drinking Water.’” Health and Safety Code section 116376 adds microplastics regulations to California’s Safe Drinking Water Act. It requires the State Board to adopt a definition for Microplastics in Drinking Water by July 1, 2020. Additionally, before July 1, 2021, the State Board must: (1) adopt a standard methodology for testing drinking water for microplastics; (2) adopt a requirement for four years of testing and reporting of microplastics in drinking water, including public disclosure of the results; (3) consider issuing a notification level or other guidance to help consumers interpret the testing results; and (4) accredit laboratories in California to analyze for microplastics. Water suppliers in California will be the first in the nation to test for microplastics in drinking water.
Continue Reading Regulating Microplastics in Drinking Water: California Retains its Vanguard Status

Uncertainty. Today nearly everything we thought we knew is uncertain. It’s good, then, that at least one regulatory program in California remains certain: Proposition 65. Plaintiffs continue to serve 60-day notices alleging violations, and the Office of Environmental Health Hazard Assessment (OEHHA) continues to tinker with safe harbor warning requirements. (Maybe certainty isn’t all that it’s cracked up to be).
Continue Reading Prop 65: Certainty in Uncertain Times