Widening Gyre of Ocean Challenges

Policy - Legal - Regulatory



20
Mar

Widening Gyre of Ocean Challenges

Last year, researches working with SF State’s Estuary and Ocean Science Center installed an array of instruments to track underwater parameters. John Largier, a UC Davis professor of oceanography, says he expects clear trends and patterns indicative of warming and acidifying waters to become apparent in the data in about a decade. With nations making painfully slow progress in reducing their emissions of greenhouse gases, Largier thinks local efforts to boost the resiliency of the Bay ecosystem could be especially powerful.
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20
Mar

Choppy Waters for Flow Rules

The winter kicked off with the State Water Resources Control Board’s December vote to adopt increased flow objectives for the southern Delta. The vote provoked an immediate volley of lawsuits, both from water users and from environmental organizations. “Governor Newsom has staked out turf against the Trump Administration,” says San Francisco Baykeeper’s Jon Rosenfield...
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13
Feb

Haggles over the what, where, and when of Delta conservation got a reset this January with the state’s release of a new collaborative framework focused on opportunities, not species.

The California Department of Fish & Wildlife’s new Delta Conservation Framework tries to fill the vision vacuum left by former Governor Brown’s early pivot away from the 2013 Bay-Delta Conservation Plan, a plan that touched in some shape or way on 160,000 acres of the Delta. “It was too big and too unwieldy for people to manage, and there were too many questions about its effects, and how it would be implemented – particularly as it related to the Delta as a unique place,” says the agency’s Carl Wilcox. In 2016, with the help of the Delta Conservancy, CDFW held a series of workshops with landowners, agencies, biologists and others to define new conservation goals and strategies in light of...
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13
Dec

Green Cement Blues

For the last three years, an environmental storm has been brewing in the North Bay city of Vallejo. Some elements of the story are familiar: grassroots activists pitted against a multinational corporate developer, environmental justice versus the lure of new jobs. Add historical preservation, iconic wildlife, political shenanigans, and the unexpected involvement of the California Attorney General’s office, and the mix becomes more complex. An Irish cement company and its local partners want to build a processing plant and a marine terminal at the site of a long-closed flour mill on the east bank of the Napa River. Citing concerns over air quality and other impacts, the Vallejo Planning Commission rejected the applicants’ permit in 2017, a decision that the...
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13
Dec

State Could Step Up

Despite an official California policy in place since 1992 that calls for “no net loss” of wetlands, the lack of a specific wetlands definition has led to the loss of many thousands of acres of ecologically important lands. That could change soon, thanks to an update from the State Water Resources Control Board expected out soon after more than a decade of work. California environmentalists are optimistic that the updated policy, titled “State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State,” will move quickly toward adoption by the state board in early 2019.
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13
Dec

Calculating the Cost of Adaptation

What makes a bond green? When the debt is issued specifically to bankroll projects with tangible environmental benefits. So when the San Francisco Public Utilities Commission faced a hefty price tag for major infrastructure overhauls, they chose to go green. “The goal is to get to $1 trillion in annual green bond issuances by 2020,” says Mike Brown, the SFPUC environmental manager who oversees the $1.4 billion in green bonds that the commission has issued since 2015. To Brown, the global rise of green bonds presents an opportunity. “I want to get to the point where every dollar of debt issued is green.”
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26
Sep

San Joaquin Communities Access Cleaner Water Due to New Legislation

The only water easily available to many low-income inhabitants of the San Joaquin Valley’s smaller, non-incorporated settlements is well water tainted with arsenic and nitrates from surrounding activities. But two state bills ensure that these communities – and everyone else in California – not only have the right to safe, clean, and affordable drinking water, but also get access to public water infrastructure and services as needed. Assembly Bill 2501, approved this fall, “makes sure the state’s consolidation authority can order a city or special district to extend clean drinking water services to people in domestic dwellings,” says Phoebe Seaton of the Leadership Counsel for Justice and Accountability. Advocacy on the part of affected communities, with help from organizations like...
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26
Sep

The State’s Biggest Landlord Reconsiders Its Neighbors

When Mari Rose Taruc approached California environmental justice (EJ) leaders about advising the California State Lands Commission on its EJ policy, they didn’t know what she was talking about. “They were like, what does the State Lands Commission do?” recalls Taruc with a chuckle. A two-way discovery has since taken place between the agency and the resulting EJ group. The discovery is significant because State Lands wields bureaucratic power often out of reach of small EJ groups. As Taruc quips, it is “the state’s biggest landlord.”
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13
Aug

California’s Wild and Scenic Rivers System expanded for the first time in 13 years in June when Governor Edmund G. Brown Jr. signed legislation protecting 37 miles of the upper Mokelumne River.

It was the culmination of a long struggle for the Jackson-based Foothill Conservancy and other river advocates. Four years ago, a Mokelumne bill was approved by the state Senate but killed by a parliamentary maneuver  that blocked a vote in the Assembly. Despite significant support in Calaveras and Amador counties, the bill was opposed by local water agencies concerned about the potential impact on their water rights. In 2015 Assemblyman Frank Bigelow (R-O’Neals) successfully proposed a state study of the Mokelumne’s suitability for wild and scenic designation. The resulting California Natural Resources Agency report, released in April, recommended protected status with special provisions ensuring water agencies’ existing rights and ability to apply for new rights. “All of the affected water...
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15
Jun

Glimmers of Baywide Intent

“Bay Restoration is a race against time,” says San Francisco Restoration Authority Chair Dave Pine. “That’s why it’s so important to bring the regulatory agencies together to fast-track the permitting process.” The Restoration Authority, overseeing projects funded by Measure AA, took a step forward this June by approving funding for a Regulatory Integration Team. BCDC and six other organizations, including the US Army Corps of Engineer, the US EPA, federal and state wildlife agencies, and the state Water Board, joined forces to develop a more effective approach to permitting AA-funded projects. Brad McCrea, SF Bay Conservation and Development Commission, seems optimistic: “There’s great enthusiasm...this interagency team is expected to change the way permitting is handled for restoration projects. In a...
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15
Jun

Permitting Made Easier?

“Bay Restoration is a race against time,” says San Francisco Restoration Authority Chair Dave Pine. “That’s why it’s so important to bring the regulatory agencies together to fast-track the permitting process.” The Restoration Authority, overseeing projects funded by Measure AA, took a step forward this June by approving funding for a Regulatory Integration Team. BCDC and six other organizations, including the US Army Corps of Engineer, the US EPA, federal and state wildlife agencies, and the state Water Board, joined forces to develop a more effective approach to permitting AA-funded projects. Brad McCrea, SF Bay Conservation and Development Commission, seems optimistic: “There’s great enthusiasm...this interagency team is expected to change the way permitting is handled for restoration projects. In a...
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18
Mar

Not the Last Word on Buckler

In January, the Bay Conservation and Development Commission and the San Francisco Bay Regional Water Quality Control Board appealed December decisions by a Solano Superior Court Judge concerning Point Buckler and its owner John Sweeney. The decisions voided $3.6 million in fines and cleanup and restoration requirements that the two agencies had imposed on Sweeney for dumping and excavation in Suisun Bay, and draining tidal wetland, without authorization. “If this decision sets precedent, we’re in real trouble,” says Erica Maharg of San Francisco Baykeeper. “It would mean that our agencies don’t have the authority to protect these ecosystems.”
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07
Feb

A wide-ranging Habitat Conservation Plan that could eventually protect up to 4800 acres of endangered species habitat in the Bay Area is the linchpin of a November agreement between the U.S. Fish and Wildlife Service and Pacific Gas and Electric Company.

Under the agreement, FWS issued the utility a 30-year incidental take permit for operations and maintenance activities in the nine Bay Area counties. The HCP includes strategies to avoid, minimize, and offset potential direct, indirect, and cumulative effects of PG&E’s O&M and minor new construction activities on 32 threatened or endangered species. The parties are hailing the landscape-scale plan as an improvement over the project-by-project process they previously operated under, as it will enable PG&E to complete projects more quickly while protecting more land for mitigation and increasing opportunities for passive recreation such as hiking and bird watching. However, some environmental groups are concerned that the plan does not cover several species that should have been included. In addition, says...
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07
Feb

The battle of Point Buckler Island isn’t over yet.

In January the Bay Conservation and Development Commission and the San Francisco Bay Regional Water Quality Control Board appealed decisions by a Solano County Superior Court Judge voiding $3.6 million in fines and cleanup and restoration requirements that the agencies imposed on the island’s owner for dumping excavation spoil in Suisun Bay and draining tidal wetland without authorization. The agencies held that due to the failure of previous owners to maintain levees, the interior of the island had become tidal marsh and could no longer be treated as managed wetland. In December, Judge Harry S. Kinnicutt accepted the contention of owner John Sweeney, who bought the 39-acre island in 2011, that the Regional Board was “hostile to duck clubs and...
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15
Dec

All In for One Water

As climate change threatens to upend precipitation patterns and disrupt water supplies, agencies are increasingly searching for ways to wring more benefits out of every drop. Valley Water (Santa Clara) is seeking to take integrated water management planning to the next level through its One Water initiative. “The idea is to manage all water — treated water, groundwater, stormwater, flood water, water for habitat, species and Baylands — as one resource,” says the District’s Brian Mendenhall.
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13
Nov

Broad buy-in is the hoped for result of a proposed new landscape-level vision for conservation of the Delta.

For decades, government agencies, stakeholders, scientists, and planners have tried to develop a common vision for the future Delta, only to be stymied by environmental and economic politics. A new paradigm developed by diverse interests, however, proposes six regional conservation strategies to be achieved through collaborative, phased projects tailored to the needs of each sub-region, with a priority on improving public lands first. Proponents of the new framework say long-term conservation of the Delta is not a choice but an urgent necessity that will benefit people as much as natural communities. “It is a call to work together to improve ecosystem function, bolster ecosystem services for people, support Delta wildlife, and grow our science capacity so we can keep learning conservation lessons,” says...
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13
Nov

The California Legislature has made state history by passing SB-5, which acknowledges the importance of parks and climate-change resiliency for some of California’s most disadvantaged communities.

“Park access should not be considered a luxury. It is a right,” says Mary Creasman, California Director of Public Affairs for The Trust for Public Land. The bill—known as the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018—recognizes the importance parks play in a community’s quality of life as well as the lack of access to them in urban and disadvantaged communities. The bill provides definitions of “disadvantaged” and “severely disadvantaged” communities and provides them with guaranteed funding. SB-5 also includes funding to improve climate change and sea level rise resiliency in at-risk areas. “With existing funding sources disappearing, SB-5 comes at a critical moment to demonstrate California’s renewed commitment to conservation and parks...
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05
Oct

Indecision Point

The Delta Stewardship Council was created in 2009 but given no say over a pending dual tunnels plan. The state was pushing a grand program called the Bay-Delta Conservation Plan. However, the BDCP was abandoned in 2015 in favor of two new, independent programs: EcoRestore and California WaterFix (popularly known as the twin tunnels). Rather than adopt a new policy on conveyance, the council has simply framed its discussion of the tunnels as another recommendation.
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24
Sep

Prepping for Sea Level Rise—Who’s on First?

On an uncommonly sultry Thursday evening at the end of August several dozen people gathered in a grove at San Mateo’s Coyote Point, sipping beer and listening to a presentation on sea level rise by staff from San Mateo County’s Office of Sustainability. Then, accompanied by the sound of gunshots from a nearby firing range, everyone trooped down to the Bay’s edge, where temporary markers indicated how high the water would rise under three different scenarios. In the most dire projection, water would cover the heads of the people standing on the beach. The event, “Shrinking Shores,” was presented by Sea Change San Mateo County, one of a handful of county-level projects around the Bay that aim to assess local vulnerability to sea...
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11
Aug

Simultaneous lawsuits filed against 37 fossil fuel companies by Marin and San Mateo Counties, along with the City of Imperial Beach, over sea level rise may open new front in climate battle.

 The suits, filed in California Superior Court, seek compensatory and punitive damages and other remedies for the ongoing harm that oil, gas and coal cause by contributing to global warming and sea level rise. A 2009 Pacific Institute study calculated that San Mateo has more property and people at risk from sea level rise than any California county, while in Marin more than 12,000 homes, businesses and institutions, with an assessed value of $16 billion could be at risk from tides and surge flooding by the end of the century. The suits claim that the companies have known about the dangers posed by greenhouse gases for nearly fifty years and sought to conceal them from the public and encourage the...
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