Topic: Regulations — California and Federal

Overview

Regulations — California and Federal

In general, regulations are rules or laws designed to control or govern conduct. Specifically, water quality regulations under the federal and state Clean Water Act “protect the public health or welfare, enhance the quality of water and serve the purposes of the Act.”

Aquafornia news KQED (San Francisco)

Bill to reform controversial California environmental law clears first legislative hurdle

A bill to exempt some housing projects from a controversial California law that pro-building activists blame for slowing down development cleared its first legislative hurdle this week. On Monday, the State Assembly’s Natural Resources Committee approved AB 609, introduced by Assemblymember Buffy Wicks (D-Berkeley), which would exempt infill housing projects built within existing cities from review under the California Environmental Quality Act. … In recent years, CEQA has become a political lightning rod as housing activists have argued it has been used to slow or stop housing projects from moving forward, while defenders say it hasn’t played a major role in deterring housing production in California. … But not everyone is on board with the proposed changes. “We just have blinders on in terms of how much good CEQA — and looking at the environmental reviews — has done to preserve safety and safety for water and safety from fire,” said Susan Kirsch, president of Catalysts for Local Control.

Aquafornia news WaterWorld

California water treatment plants among entities settling with EPA for Clean Air Act violations

The U.S. Environmental Protection Agency (EPA) announced on April 22, 2025, settlements with 10 entities with facilities across California for claims of chemical safety-related violations under the Clean Air Act. Two water treatment plants were listed in EPA’s expedited settlement agreements. All entities agreed to come into compliance with Risk Management Program (RMP) safety requirements and pay penalties, which total over $170,000. According to the EPA, two water treatment plants in the state of California had violations: Benecia Water Treatment Plant … (and) Cement Hill Water Treatment Plant.

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Aquafornia news Truthout

Blog: EPA deletes pollution tracking tools as it offers exemptions to polluters

… Advocates for communities overburdened by industrial pollution and the impacts of climate change say years of progress toward cleaner air, water and corporate accountability are at stake. … While it took down environmental justice maps and datasets, the EPA published a new webpage inviting fossil fuel and chemical companies to apply for presidential exemptions to pollution limits. … The EPA recently set up a new webpage with step-by-step instructions to apply for two-year waivers from nine major EPA pollution protections. … The rules include tougher limits on dangerous pollution from smokestacks and chemical plants, new emission standards for cars and trucks for reducing asthma and lung disease, and a historic rule designed to update water systems and protect children from lead in drinking water. 

Other EPA news:

Aquafornia news Los Angeles Times

Thursday Top of the Scroll: Trump administration seeks to narrow Endangered Species Act by redefining ‘harm’

The proposal advanced by the U.S. Fish and Wildlife Service and National Marine Fisheries Service would limit the meaning to taking direct action to kill or injure endangered or threatened wildlife — removing the prohibition against habitat destruction that leads to those ends. It fits with White House officials’ intent to spur economic growth by slashing regulations. If adopted, the change could significantly curtail the reach of the Endangered Species Act, passed in 1973 under former President Nixon. It would also flout a 1995 U.S. Supreme Court ruling that upheld the definition of harm to encompass “significant habitat modification or degradation.” … (T)he previous definition prevented acts like cutting down swaths of old-growth forests in Northern California and the Pacific Northwest where federally threatened northern spotted owls nest and roost. Or filling in a wetland inhabited by red-legged frogs, California’s state amphibian also listed as federally threatened.

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Aquafornia news MyNewsLA

Port of LA pollution lawsuit tentatively settled

The Port of Los Angeles must significantly improve its management of stormwater and groundwater to ensure that toxic pollutants stay out of the harbor, according to Wednesday’s tentative settlement of a lawsuit against the city of Los Angeles for alleged violations of the federal Clean Water Act. The lawsuit brought by Los Angeles-based Environment California in July 2024 alleged that there have been more than 2,000 illegal discharges of pollution in the previous five years at the port. That pollution stems from bacteria-laden stormwater and contaminated groundwater that accumulates in a 53-acre area of the port and is discharged into the harbor, the suit alleges.

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Aquafornia news CalMatters

Tuesday Top of the Scroll: California sets aside $170 million to thin forests, vegetation

Gov. Gavin Newsom today signed new legislation that will provide more than $170 million in state funding to help prevent wildfires while signing an order aimed at speeding up the work by easing environmental permitting. The funding — which the Democratic governor said was part of a broader effort to better protect communities ahead of peak fire season — comes as the state is under extraordinary pressure after the January infernos that devastated Los Angeles communities…. Authorized as part of a fast-tracked, early action budget bill approved by the Legislature, the funds will be paid to six conservancies throughout California. The agencies, which operate under the governor’s Resources Agency, will manage the removal of vegetation and thinning of forests within their regions.

Other wildfire prevention news:

Aquafornia news The New York Times

Trump’s new way to kill regulations: Because I say so

President Trump this week directed 10 federal agencies — including the Environmental Protection Agency, the Energy Department and the Nuclear Regulatory Commission — to implement a novel procedure to scrap a wide array of longstanding energy and environmental regulations. He told agencies that oversee everything from gas pipelines to power plants to insert “sunset” provisions that would cause regulations to automatically expire by October 2026. If the agencies wanted to keep a rule, it could only be extended for a maximum of five years at a time. Experts say the directive faces enormous legal hurdles. But it was one of three executive orders from Mr. Trump on Wednesday in which he declared that he was pursuing new shortcuts to weaken or eliminate regulations.

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Aquafornia news Office of Gov. Gavin Newsom

News release: California cuts ‘green tape’: 500+ fast-tracked projects have restored nearly 200,000 acres and improved 700 miles of streams

California is making it faster, easier, and more affordable to launch environmental restoration projects across the state, thanks to a program the state’s Department of Fish and Wildlife established in 2021 called Cutting Green Tape. It’s a simple idea: streamline the complex red tape – ‘green tape’ in the case of restoration work – that often delays or blocks habitat restoration projects. … Since 2022, the program has helped more than 500 restoration projects move forward by reducing costly delays and making the approval process easier to navigate. These efforts have already contributed to the restoration of nearly 200,000 acres of habitat, the reconnection of 5.5 million acres of land, and the improvement of over 700 miles of California streams. All of these projects are critical for fish, wildlife, and clean water.

Aquafornia news Reuters

US Health Department will make new fluoride recommendation

The U.S. Department of Health and Human Services will be reconvening an independent panel of health experts to make a new recommendation on putting fluoride in drinking water, a spokesperson said on Monday. The use of the mineral, which is added to water to strengthen tooth enamel and promote dental health, has been a hot-button political issue in some states for decades. ”HHS is reconvening the Community Preventive Services Task Force to study and make a new recommendation on fluoride,” an HHS spokesperson said. The statement followed an Associated Press report quoting Secretary of Health and Human Services Robert F. Kennedy Jr. saying at an event in Salt Lake City, Utah, that he plans to tell the Centers for Disease Control and Prevention to stop recommending fluoride in drinking water.

Other drinking water news:

Aquafornia news The Santa Barbara Independent (Calif.)

City of Santa Barbara ramps up outreach in face of mounting opposition to proposed creek buffer ordinance

Clean water and scenic beauty for Santa Barbara’s creeks may come at a cost to the city’s homeowners. At least, that’s how creekside residents see it. Many are not happy about the city’s proposed creek buffer ordinance, which would require any and all new developments to stay away from a creek’s edge.  The city has 16 creeks. They zigzag through neighborhoods, showing off bare bottoms that host only a trickle of water for most of the year.  Right now, the city is working on a draft ordinance that prohibits new development within 50 feet of any of these creeks. That includes buildings, patios, and non-native gardens (yes, even tomato plants).  The only development that would be allowed in buffer zones without city approval would be the planting of native vegetation and debris removal for flood control purposes. Existing development would be allowed to stay where it is, as well as be repaired and remodeled without city approval. 

Aquafornia news E&E News by Politico

Friday Top of the Scroll: California Senate scales back bill to Trump-proof water protections

Sen. Ben Allen accepted amendments Wednesday to narrow the scope of his bill meant to protect state waters from Trump administration rollbacks. What happened: The Senate Environmental Quality Committee said it would approve SB 601— which would create the term “nexus waters” to encompass all waters of the state that were under federal jurisdiction before the Supreme Court’s 2023 decision in Sackett v. EPA — after Allen agreed to amend it to clarify that it doesn’t apply to agricultural runoff or drinking water. “We are taking amendments to be very clear that we’re only talking about point sources, not non-point source,” said Sean Bothwell, executive director at California Coastkeeper Alliance and author of the bill.

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Aquafornia news Good Fruit Grower

Preharvest water risk assessment regulations take effect for large farms this month and for smaller farms next April

The U.S. Food and Drug Administration finally finalized its regulatory approach for how farms will be required to manage the food safety risk posed by preharvest water applications that contact fruit. The compliance dates for the new rule, which is part of the Food Safety Modernization Act’s Produce Safety Rule, take effect for large farms this month and for small farms next year. The final rule replaced the initial approach that included water testing criteria with an annual risk assessment approach specific to each farm.  This change makes the regulation both more flexible and more complicated, according to experts who have been on the speaking circuit at industry meetings this past fall and winter. 

Aquafornia news E&E News by Politico

Roadblock looms as EPA weighs ‘forever chemicals’ rollback

The Trump administration is considering rolling back a major Biden-era regulation on “forever chemicals” in drinking water, a move that could leave people more exposed to the substances linked to cancer, high blood pressure and fertility problems. But any attempt to weaken the rule would run into a formidable statutory standard, experts say — the same one that has gotten EPA into legal messes in the past. Finalized last spring, EPA’s current rule requires water utilities to remove the man-made chemicals from drinking water starting in four years. Formally called per-and polyfluoroalkyl substances or PFAS, “forever chemicals” are known for their virtual indestructibility and have been found in approximately half the nation’s tap water.

Other drinking water news:

Aquafornia news AgInfo West

NCBA seeks Clean Water Act clarity

“If you’ve ever owned the same piece of land since 1972 the year the Clean Water Act became law, you’ve operated under 14 different definitions of the Waters of the US,” (says) National Cattlemen’s Beef Association Chief Counsel, Mary Thomas-Hart. Lee Zeldin, who’s the new EPA Administrator, made two pretty substantial announcements. First, they dropped a guidance document that pulled back some of the prior more aggressive enforcement activity from the Biden administration and then opened up a Request for Information docket for 30 days, so the agency is basically seeking input from regulated stakeholders as they try to create some finality in this WOTUS space. Thomas-Hart says that questions remain for landowners and farmers trying to apply WOTUS on their operations specifically what guidance they need from the EPA to confidently make preliminary determinations on whether a feature falls under federal regulation.

Other Clean Water Act news:

Aquafornia news Los Angeles Times

California waives environment laws to speed utility rebuild after fires

In a continued effort to expedite rebuilding after Los Angeles’ devastating firestorms, Gov. Gavin Newsom this week suspended California environmental laws for utility providers working to reinstall key infrastructure. His latest executive order eliminates requirements to comply with the California Environmental Quality Act, or CEQA, and the California Coastal Act for utilities working to rebuild “electric, gas, water, sewer and telecommunication infrastructure” in the Palisades and Eaton fire burn zones. Newsom also continued to encourage the “undergrounding” of utility equipment when feasible, which he said will help minimize the future fire risk in these communities.

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Aquafornia news Dairy Herd Management

Water woes, labor limitations and regulatory restrictions put California’s dairy industry at a crossroads

The California dairy industry, renowned for its significant contributions to agriculture, is navigating a series of challenges that demand substantial adaptation to ensure future success. Water scarcity, stringent labor laws and complex permitting regulations top the list of challenges in the Golden State, the nation’s largest milk producer and home to 1.71 million milk cows. Karen Ross, secretary of the California Department of Food and Agriculture, emphasizes the need to support the state’s farmers during these challenging times. “What we would like to do is focus on smart incentives because, over the years, the cumulative effect of so many regulatory agencies is adding to the complexity … as well as the cost of compliance,” Ross said in a one-on-one interview with Farm Journal during the California Dairy Sustainability Summit.

Aquafornia news Mitchell Williams Law Firm

Blog: California appellate court addresses whether captured flood waters constitute personal property

A California Court of Appeal (Fifth District) (“Court”) addressed in a March 14th Opinion whether water in an aquifer could be personal property. … The land and attached improvements were appraised in 2019 at $14,985,000. The appraisal excluded any subsurface water or mineral rights. In addition, the appraisal indicated that due to two perpetual United States Fish and Wildlife conservation easements, that the land was limited to its current use as an irrigated and dry pasture ranch with some lower intensity farming uses. The trial court had held, and this Court agreed that: Water was not personal property owned by 4-S; and, Rights to use of the water ran with the land and therefore the lender acquired those rights at the foreclosure sale.

Aquafornia news San Francisco Chronicle

Wednesday Top of the Scroll: Trump appointee takes reins of EPA’s San Francisco office

The Trump administration has appointed Josh F.W. Cook as head of the Environmental Protection Agency’s Pacific Southwest Office, overseeing federal environmental policy in California, Arizona, Hawaii, Nevada, the Pacific Islands and 148 Tribal Nations. Cook, who lives in Chico (Butte County), is a government and tribal affairs consultant, according to his LinkedIn account, and has held a handful of government positions. He spent a decade as chief of staff for former Republican State Sen. Brian Dahle, R-Bieber (Lassen County) and has served on advisory committees for the U.S. Forest Service and Bureau of Land Management. His resume also includes helping with the emergency response to California’s deadly Camp Fire in 2018.

Other EPA news:

Aquafornia news The New York Times

Trump administration aims to eliminate E.P.A.’s scientific research arm

The Environmental Protection Agency plans to eliminate its scientific research arm, firing as many as 1,155 chemists, biologists, toxicologists and other scientists, according to documents reviewed by Democrats on the House Committee on Science, Space and Technology. The strategy is part of large-scale layoffs, known as a “reduction in force,” being planned by the Trump administration, which is intent on shrinking the federal work force. Lee Zeldin, the administrator of the E.P.A., has said he wants to eliminate 65 percent of the agency’s budget. That would be a drastic reduction — one that experts said could hamper clean water and wastewater improvements, air quality monitoring, the cleanup of toxic industrial sites, and other parts of the agency’s mission.

Other EPA news:

Aquafornia news Nossaman LLP

Blog: The Making Conservation a California Way of Life Framework – what it is and what it means

In 2024, after years of deliberation, California water officials adopted landmark rules that will guide future water use and conservation in the state. The “Making Conservation a California Way of Life” framework went into effect at the beginning of 2025 and requires compliance by 2027. The framework is intended to help preserve water supplies as climate change drives hotter, drier conditions and droughts become more frequent and longer lasting, and is expected to help save 500,000 acre-feet of water annually by 2040. That is enough to supply more than 1.4 million households for a year. 

Other water conservation news:

Aquafornia news CalMatters

California considers protecting wetlands from Trump order

… The Trump administration’s plan to alter the Clean Water Act’s definition of wetlands to exclude (seasonal streams, ponds and pools) could render vast areas of California essentially unprotected from developers and growers. … (A) new bill introduced last month, (state) Senate Bill 601, would build in more protection, amending the state Porter-Cologne Water Quality Control Act to copy existing federal protections. It would, among other provisions, require new permitting rules for pollutants from business operations or construction.

Other federal and Calif. environmental regulation news:

Aquafornia news Ag Alert

Summit tackles water challenges facing California

Below-average precipitation and snowpack during 2020-22 and depleted surface and groundwater supplies pushed California into a drought emergency that brought curtailment orders and calls for modernizing water rights. At the Water Education Foundation annual water summit last week in Sacramento, Eric Oppenheimer, chief deputy director of the California State Water Resources Control Board, discussed what he described as the state’s “antiquated” water rights system. He spoke before some 150 water managers, government officials, farmers, environmentalists and others as part of the event where interests come together to collaborate on some of the state’s most challenging water issues.

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