The California Senate has recently passed a group of bills known as the “Preserve California” legislation. The measures are intended to preserve federal environmental regulations that were instituted during the Obama administration. The legislation also aims to prevent federal public land from being sold without the consent of the state and to protect federal whistleblowers. This legislation was implemented in an effort to combat the current administration’s efforts to dismantle environmental policies that have been in place for many years.

The proponents of the legislation maintain that these measures provide basic minimum protections for clean air and water. Nevertheless, they fear that the federal government will soon move to roll back these safeguards. Of particular concern is SB 49, which establishes the state’s right to enact standards for air pollution, water pollution and endangered species that are more aggressive and extensive than the federal standards provided for in the bill. The standards currently in place would therefore remain effective even in the event the federal government weakens or eliminates certain measures. Allowing California to enact more exacting standards could result in significant additional costs, which has made the bill especially controversial. Moreover, opposition to SB 49 focuses on its potential to generate havoc for businesses given the uncertainty of regulation to follow.

SB 50 is designed to prevent the sale of federal land to third parties for oil and mining purposes. The bill specifically authorizes legal resistance to attempts to sell federal lands. It also protect natural resources, such as parks, from exploitation. The measure aims to dissuade developers from looking to California to purchase land by holding the purchaser responsible for development of the infrastructure. Under SB 50, the state would have the right to review any purchase involving federal land in the state. Lastly, SB 51 offers protection for whistleblowers from retribution for raising public concerns or taking action with respect to environmental violations. It also safeguards important scientific data for years to come.

Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about his practice.