Category: Regulations

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CDFW Proposes New Regulations for Oil Spill Management Team Certification with a September 14 Comment Deadline

Last week, the California Department of Fish and Wildlife (“CDFW”) Office of Spill Prevention and Response (“OSPR”) issued notice that it proposes to add ten new regulations (sections 830.1 through 830.11 to Title 14 of the California Code of Regulations) to implement statutory changes resulting from Assembly Bill (“AB”) 1197.  AB 1197 establishes criteria and … Continue Reading

CDFW Moves Notifications for Lake and Streambed Alteration Standard Agreements Online

Last month, the California Department of Fish and Wildlife (“CDFW”) issued notice that it will begin accepting electronic notifications for all Lake and Streambed Alteration Standard Agreements (Cal. Fish & Game Code § 1600 et seq.) effective August 1, 2020.  This move to online applications is part of a broader effort by CDFW to go … Continue Reading

Reversing 30-Year Policy, U.S. DOJ Says Settlements Can No Longer Include Supplemental Environmental Projects (SEPs)

This post was co-authored by Beth Ginsberg & Krista McIntyre. The U.S. Department of Justice (U.S. DOJ) recently issued a memorandum stating that settlements, including consent decrees, entered by the Environmental Protection Agency (EPA) and other federal agencies can no longer include a Supplemental Environmental Project (SEP), unless the SEP is expressly authorized by Congress. … Continue Reading

Oil & Gas Related Bills Update for the 2019-2020 Legislative Session

Stoel Rives’ Oil & Gas Team has been monitoring bills introduced by California legislators since the beginning of the 2019-2020 Legislative Session.  Below is the latest update on a list of bills, summarized pursuant to the Legislative Counsel’s Digest, that our team has been following and will continue to monitor as the 2019-2020 Legislative Session … Continue Reading

SWRCB Releases Draft Implementation Guidance Regarding the Procedures for Discharges of Dredged or Fill Material

On February 14, 2020, the State Water Resources Control Board (SWRCB) published Draft Guidance for the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Draft Guidance). The Draft Guidance pertains to the SWRCB’s adoption of a State Wetland Definition and Procedures for Discharges of Dredged or … Continue Reading

CalGEM’s Public Health Rulemaking Workshops

The California Geologic Energy Management Division (“CalGEM”), formerly known as the Division of Oil, Gas, and Geothermal Resources (“DOGGR”), is actively working on revising its regulations to better align its regulatory mandates with the new goals of Assembly Bill 1057, which requires CalGEM to focus on protecting public health and the environment, and less on … Continue Reading

CalGEM Issues Notice to Operators Regarding Cyclic Steam Moratorium

Nearly two months ago, on November 19, 2019, the Department of Conservation’s Division of Oil, Gas and Geothermal Resources[1] (“DOGGR”) announced a moratorium on approvals of new oil extraction wells that use a high-pressure cyclic steaming process to break apart a geological formation to extract oil. The announcement did not contain much, if any, detail … Continue Reading

Oil & Gas Related Bills Introduced in the 2019-2020 Legislative Session

The 2019-2020 California Legislative Session has officially reached its first deadline. February 22, 2019 marked the deadline by which bills could be introduced for the first half of the Session. Lawmakers will begin Spring Recess April 12 and reconvene April 22. The last day for bills to be passed out of the house of origin … Continue Reading

2018 IGP Amendments – Everything You Need to Know

On November 6, 2018, the State Water Resources Control Board adopted an amendment to the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Industrial Activities (General Permit). The General Permit Amendment addresses the implementation of previously-adopted Total Maximum Daily Loads (TMDLs), the new federal Sufficiently Sensitive Methods Rule, and statewide … Continue Reading

Court Finds that Privately-Owned Industrial Stormwater Discharges Require Clean Water Act Permits

Environmental groups have obtained a favorable Clean Water Act (“CWA”) ruling from the U.S. District Court for the Central District of California, which can be viewed as an expansion of jurisdiction for stormwater permitting for industrial sources.  In the Order, issued on August 9, 2018, Judge Stephen V. Wilson held that if the U.S. Environmental … Continue Reading

DOGGR Issues Revised Regulations for UIC and Idle Wells

 On July 27, 2018 the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) issued two notices of proposed rulemaking action applicable to oil and gas operations in the state.  DOGGR released updated underground injection control (“UIC”) regulations, as well as proposed regulations for idle well testing and management. UIC Regulations DOGGR supervises the drilling, … Continue Reading

SOUTHERN CALIFORNIA ENVIRONMENTAL UPDATE – NEW AIR QUALITY AND OIL & GAS REGULATORY DEVELOPMENTS

Our latest post provides updates on environmental and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley.  We welcome your comments and contributions. Legislation and Ordinances   Implementation of AB 617, CARB’s Community Air Protection Program. AB 617 requires the California Air Resources Board (CARB) by October 1, 2018 … Continue Reading

Trump EPA Will Not Stay Landfill Methane Rules

In early January 2018, the U.S. Environmental Protection Agency (“EPA”) decided to halt previous proposals to stay methane rules for new and existing landfills.  The Obama Administration’s EPA issued the final New Source Performance Standards (“NSPS”) and Emissions Guidelines (“EG”) for municipal solid waste landfills on August 29, 2016 (jointly “Methane Rules”).  These updates to … Continue Reading

Ready or Not? Now’s the Time to Get Your Oil Spill Management Team OSPR Certification

The California Office of Spill Prevention and Response (“OSPR”), within the Department of Fish and Wildlife, has been tasked with new responsibilities related to oil spill response.  Assembly Bill 1197 (“AB 1197”), which was signed into law in October 2017 and goes into effect on January 1, 2018, authorizes spill management teams (“SMTs”) to apply … Continue Reading

How Low Can You Go? Proposed Agricultural Waste Discharge Requirements Impose Even More Stringent Demands on Central Valley Farmers

On October 10, 2017, the California State Water Resources Control Board (“Water Board”) issued the second version of an order to modify agricultural waste discharge requirements (“Proposed Order”), under the Irrigated Lands Regulatory Program (“ILRP”).  Through the ILRP, the Water Board regulates discharges from irrigated agricultural lands across the state, especially within California’s Central Valley.  … Continue Reading

Update on a Prior Post: SB 774 is Tabled for the Legislative Session; No Toxic Substances Board

On September 14, 2017, Senate Bill 774 (“SB 774”) was ordered inactive on request of Assembly Member Calderon.  The bill, which proposed creation of the new California Toxic Substances Board (“CTS Board”), will not become law this session, and we will continue to monitor this legislation if it becomes active again during the next legislative session. … Continue Reading

Update on a Prior Post: Under Pressure SB 774 Has Been Amended – But the Appointed Toxic Substances Board Concept Remains in the Bill

Senate Bill 774 (“SB 774”) was amended in July 2017 to delete a section of the bill that would have allowed the new California Toxic Substances Board (“CTS Board”) to adopt or amend relevant regulations.  Under the revised version of SB 774, the CTS Board is not permitted to adopt regulations and is no longer … Continue Reading

New California Groundwater Fees – Another Step Forward for SGMA

California’s newer groundwater regulatory structure, the Sustainable Groundwater Management Act of 2014 (“SGMA”), was signed by Governor Edmund G. Brown Jr. on September 16, 2014. The State Water Resources Control Board (“SWRCB”) is the enforcement agency for SGMA. SGMA requires the SWRCB to establish a schedule of fees sufficient to recover the costs incurred by … Continue Reading

Sacramento Superior Court Finds Chromium 6 Water Standard Not Economically Feasible

On May 5, 2017, the Sacramento Superior Court issued a decision that the state’s water regulation, when it comes to the hexavalent chromium, also known as Chromium 6 (or Chrom-6) water standard, is not economically feasible and must be withdrawn. A copy of the Court’s Order can be read here. In 2014, the California Department … Continue Reading

SOUTHERN CALIFORNIA ENVIRONMENTAL UPDATE #3 – APRIL 24, 2017

This is the third update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley.  We welcome your comments and updates. South Coast Air Quality Management District *Governing Board Shift:  New Governing Board Member Sheila Kuehl replaced Mike Antonovich, returning the Board to a Democratic … Continue Reading

California to Thwart Trump’s Rollback of Federal Environmental Protections, Including Waters of US Deregulation

Newton’s Third Law apparently not only applies in physics, but in politics as well.  Last week, the California Senate leadership unveiled the “Preserve California” legislative package to oppose the rollback of federal environmental protections by President Trump and the GOP-controlled U.S. Congress.  The package included California State Senate Bill 49, aka the “California Environmental Defense … Continue Reading

Proposed Oil Refinery Regulations Tackle Safety Concerns

On July 14, 2016, the California Environmental Protection Agency (“EPA”) announced a “landmark set of regulations to strengthen workplace and environmental safety at oil refineries across the state.”  The refinery safety rules consist of two sets of regulations:  one amending the California Occupational Safety & Health (“OSHA”) worker safety regulations as they apply to refineries, and … Continue Reading

Updated Status of Oil- and Gas-Related Bills Proposed in California’s 2015-2016 Legislative Session

June 3, 2016 was the final deadline for oil- and gas-related bills introduced in the 2015-2016 legislative session to move through their house of origin.  Below is a summary of those bills, many of which relate to natural gas storage following the Aliso Canyon natural gas well leak.  Stoel Rives is monitoring these bills and … Continue Reading
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