Last month, environmental and natural resources law practitioners, including members of the Brownstein team, gathered outside Yosemite National Park for the annual Yosemite Environmental Law Conference. The conference featured panels on timely topics ranging from groundwater regulation and coastal development to environmental justice and renewable energy development. Speakers included Antonette Cordero of the Coastal Band of the Chumash Nation and leaders from four of the Traditionally Associated Tribes of Yosemite National Park, former Chief Justice of the California Supreme Court Tani Cantil-Sakauye, Dr. Tiara Moore, the founder and CEO of Black in Marine Science, and the Honorable Bruce E. Babbitt, former secretary of the U.S. Department of the Interior and governor of Arizona.
Panelists and attendees represented a panoply of viewpoints and backgrounds, but there seemed to be consensus on the need to act swiftly and justly to address today’s most critical environmental issues. Highlights and takeaways included:
1. Solving the energy crisis demands technological and legal innovation. Against the backdrop of a global energy crisis, with much of the planet facing shortages and increased prices in oil, gas and electricity markets, California continues to progress toward its goal of achieving 100% reliance on renewable energy by 2045. One issue in California’s energy transition is addressing what speakers referred to as the “duck curve,” which represents the difference in electricity demand and the amount of available solar energy throughout the day. Battery energy storage and offshore wind deployment will assist in addressing this issue, though both technological and legal innovation are necessary to scale these technologies. On the one hand, projects must be thoughtfully developed to mitigate potential impacts. On the other hand, permit streamlining and expedited environmental review will be essential to make deployment of these technologies economically feasible.
2. Coastal housing developments highlight competing concerns. California residents know all too well the tensions inherent in government’s balancing of the need for housing development and the protection of environmental resources. This tension was front and center during the weekend’s Coastal Act panel in which speakers debated how to encourage coastal development while protecting coastal resources. The panel focused on two controversial and developing areas of law: (1) when and to what extent does California affordable housing legislation (e.g., State Density Bonus, the Housing Accountability Act, and SB 35) apply in the coastal zone; and (2) when do sea walls designed to protect coastal structures from sea level rise constitute “existing structures” such that the Coastal Commission cannot require their removal? One answer to these questions was clear—attorneys will need to continue grappling with these difficult issues to ensure their clients’ interests are protected.
3. The Groundwater Sustainability Plans may be in, but the battles are just beginning. The Sustainable Groundwater Management Act of 2014—or “SGMA”—set forth a statewide framework to protect groundwater resources over the long-term. Fast-forward to 2023, almost a decade after SGMA’s adoption, and SGMA implementation is just beginning. Groundwater Sustainability Agencies (“GSAs”) have been formed for medium- and high-priority basins, GSAs have grappled with the adoption of Groundwater Sustainability Plans (“GSPs”), and the Department of Water Resources has begun to review GSPs. In the panel titled “SGMA: Ruh Roh,” experts from the Department of Water Resources, State Water Resources Control Board, Community Water Center, and our very own Brad Herrema of Brownstein discussed all that has transpired since 2014 and what to expect next. What’s next on the horizon in SGMA? For one, state intervention is looming for the basins with GSPs deemed inadequate, but that doesn’t mean the end of local control. Rather, the state is still expecting GSAs to bring their GSPs into compliance. Even in basins that will evade state intervention, we can expect to see more water right adjudications and attorneys should be prepared to advise and advocate for their clients. Finally, SGMA will continue to be shaped both by the legislature and as implementation occurs and as the courts are asked to interpret the law.
4. Environmental Justice is at the forefront. Set within the broader context of increased mainstream awareness and pressure for companies and regulators to address environmental justice concerns (see, e.g., the White House’s Justice40 Initiative and Executive Order on Revitalizing Our Nation’s Commitment to Environmental Justice for All), panelists and attendees asked—and began to answer— questions such as: How should equity considerations be incorporated into groundwater adjudications? What can be done to make the legal profession better reflect the makeup of our country? The conference highlighted three panels dedicated to environmental justice issues, including one moderated by Brownstein’s Paige Samblanet. This panel considered Title VI of the Civil Rights Act of 1964, which permits the filing of administrative complaints with federal agencies that provide financial assistance alleging discrimination by recipients of federal funds based on race, color or national origin. Panelists—all of whom had direct experience in prosecuting, defending or adjudicating Title VI complaints—agreed that California would continue to push the needle in prioritizing environmental justice considerations.
THIS DOCUMENT IS INTENDED TO PROVIDE YOU WITH GENERAL INFORMATION REGARDING THE YOSEMITE CONFERENCE. THE CONTENTS OF THIS DOCUMENT ARE NOT INTENDED TO PROVIDE SPECIFIC LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS ABOUT THE CONTENTS OF THIS DOCUMENT OR IF YOU NEED LEGAL ADVICE AS TO AN ISSUE, PLEASE CONTACT THE ATTORNEYS LISTED OR YOUR REGULAR BROWNSTEIN HYATT FARBER SCHRECK, LLP ATTORNEY. THIS COMMUNICATION MAY BE CONSIDERED ADVERTISING IN SOME JURISDICTIONS. THE INFORMATION IN THIS ARTICLE IS ACCURATE AS OF THE PUBLICATION DATE.