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Over the opposition of local governments, environmental organizations, and developers, Governor Newsom signed AB 98 on September 29, 2024. The new law imposes development standards for certain logistics developments, requires municipalities to update circulation elements to include truck routes, and, in San Bernardino and Riverside Counties, requires the South Coast Air Quality Management District to collect air pollution data near logistic use developments. The requirements of AB 98 do not apply to a logistics project, conversion to logistics use, or…

The Environmental Protection Agency (EPA) has taken a slew of actions over the last month to directly address per- and polyfluoroalkyl substances (PFAS). PFAS are manufactured chemicals that have been used in industry and consumer products since the 1940s. PFAS are used in a myriad of products, including, among others, stain or water repellant products, non-stick products, food packaging, fire extinguishing foam, and chrome plating. Exposure to PFAS has been linked to several health impacts, including cancers, impacts to the…

On December 20, 2023, the California Supreme Court denied a petition for review of Tsakopoulos Investments, LLC v. County of Sacramento (2023) 95 Cal.App.5th 280, which upheld the County of Sacramento’s greenhouse gas (GHG) CEQA thresholds. In Tsakopoulos, the County of Sacramento certified an Environmental Impact Report (EIR) that analyzed impacts of development of a mixed use project known as Mather South that includes about 3,500 residential units, schools, retail, R&D, parks and 157 acres of open space.  The County had developed GHG…

On November 1, 2021, ASTM International approved an updated version of ASTM E1527, the standard governing Phase I environmental site assessments (ESAs).  This standard is updated every 8 years and the new version, ASTM E1527-21, will replace the current standard, ASTM E1527-13.  The version of ASTM E1527-21 published on November 1, 2021 is currently under review by the Environmental Protection Agency (EPA), following which the EPA will adopt a rule formally recognizing the new standard as compliant with the All…