USA – CALIFORNIA Law and Practice Contributed by: Kim Bick, Alan Bick, Corrie Plant and Tyler Alexander, Bick Law LLP
Bick Law LLP 520 Newport Center Drive Suite 750 Newport Beach
CA 92660 California USA
Tel: +1 949 432 3500 Fax: +1 949 432 3494 Email: abick@bicklawllp.com Web: www.bicklawllp.com
1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws Home to the fourth-largest economy in the world and with rich natural resources spread across diverse landscapes – including beaches, mountains, deserts, and forests – California implements both federal and state environmental safeguards to protect the health and beauty of the Golden State and its people. Key sources of environmental law in California include the following. • The California Constitution, which includes a right to fish on public lands and waters (Article I, Section 25), provides that water in California belongs to the people of the state and must be protected from unreasonable use (Article X, Section 2), preserves the right of public access to beaches (Article X, Section 4), and regulates public utilities (Article XII). • Federal environmental laws, including the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., the Clean Air Act, 42 U.S.C. § 7401 et seq., the Clean Water Act, 42 U.S.C. § 1251 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et seq., and the Endangered Species Act, 16 U.S.C. § 1531 et seq. • State environmental laws, including the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq., the California Coastal Act, Cal.
Pub. Res. Code § 30000 et seq., the California Hazardous Waste Control Law, Cal Health & Safety Code § 25000 et seq., the California Hazardous Substances Account Act, Cal. Health & Safety Code § 78000 et seq., and the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65), Cal Health & Safety code §§ 25249.5-25249.14. • Regulations promulgated by federal agencies in the Code of Federal Regulations and by state agencies in the California Code of Regulations. • Local municipal laws, regulations, and permitting requirements. In addition, California courts recognise common law claims like negligence, nuisance, and trespass that help protect the environment and abate environmental harm.
2. Enforcement Authorities and Mechanisms 2.1 Regulatory Authorities
California regulatory and enforcement agencies are responsible for protecting California’s environment and natural resources. The California Environmental Protection Agency (CalEPA) has primary jurisdiction over issues of environmental quality and pollution cleanup. CalEPA oversees the following subcompo- nents. • California Air Resources Board (CARB) – regulates GHG emissions and air pollution.
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