Water Well Journal
Issue link: http://read.dmtmag.com/i/617280
Pending California Lawsuit Extends into 2016 T he legal battle over California's reg- ulation of lead, a known carcinogen and neurotoxin, has extended into 2016. A veteran for-profit legal enforce- ment group sued the California Office of Environmental Health Hazard As- sessment in early January 2015, seeking to invalidate the existing "safe harbor" for lead exposure. The Mateel Environ- mental Justice Foundation asserts the existing safe harbor is too lenient and should be eliminated. Mateel filed its own 109-page motion for judgment on the pleadings on August 10, 2015. The State of California has argued the case should be stayed until this newly initiated rulemaking process to reconsider the maximum allowable dose level (MADL) for lead exposure runs its course. The state argues the process will result in a new regulation that super- sedes the current lead MADL, and this new regulation will likely be supported by an entirely different administrative record (significantly weakening Mateel's arguments). Mateel has argued the stay on the case should be removed, asserting (1) the state is poised to make the same mistake that it did in 1989, and (2) the court's ruling on Mateel's motion for judgment on the pleadings could pro- vide guidance to the state in its rulemak- ing process. After considering these arguments, the court agreed with Mateel on the lat- ter point, and therefore removed the stay on the case. The court scheduled a re- sponse date (December 5) for the state's memorandum in opposition to Mateel's motion, and set a scheduling date on which a hearing date to address Mateel's motion would be selected. The hearing on Mateel's motion will likely be held in January 2016. A ruling in Mateel's favor could have sweeping effects for businesses operat- ing in California and businesses that serve California's large market for consumer products. Thousands of manufacturers, processors, distributors, retailers—and businesses that work with California's public water supply—regu- larly rely on the safe harbor for lead exposure in daily operations. Lead is one of the most frequently referenced chemicals in Proposition 65 intent-to-sue letters. By one count, 412 of the 1394 Proposition 65 notice letters issued last year involved lead exposure or exposure to lead compounds. The National Ground Water Associa- tion will continue to monitor and report on Proposition 65 as the pending lawsuit unfolds. Department of Agriculture Expands Investment in Nation's Largest Aquifer U.S. Department of Agriculture Sec- retary Tom Vilsack announced on No- vember 9 the Department of Agriculture will invest $8 million in the Ogallala Aquifer Initiative in fiscal year 2016 to help farmers and ranchers conserve bil- lions of gallons of water annually while strengthening agricultural operations. The eight-state Ogallala Aquifer has suffered in recent years from increased periods of drought and declining water resources. "The USDA's Ogallala Aquifer Ini- tiative helps landowners build resilience in their farms and ranches and better manage water use in this thirsty region," Vilsack said. "Since 2011, the USDA has invested $74 million in helping more than 1600 agricultural producers NEWS from page 8 10 January 2016 WWJ waterwelljournal.com