Natural Resources Defense Council v. Kempthorne, Order Granting in Part and Denying in Part Plaintiffs’ Motion for Summary Judgment

United States District Court, Eastern District of California | May 7th, 2007

This case concerns the effect on a threatened species of fish, the Delta smelt (Hypomesus transpacificus) , of the coordinated operation of the federally managed Central

This case concerns the effect on a threatened species of fish, the Delta smelt (Hypomesus transpacificus) , of the coordinated operation of the federally managed Central Valley Project ("CVP") and the State of California's State Water Project *2 ("SWP"), among the world's largest water diversion projects. Both projects divert large volumes of water from the California Bay (Sacramento - San Joaquin) Delta ("Delta") and use the Delta to store water.

Navigability and its Consequences: State Title, Mineral Rights, and the Public Trust Doctrine

Social Science Research Network (SSRN) | June 12th, 2014

“Navigability” and “navigable waters” are two of the most complex terms of art in American law because their meanings vary from context to context. A “navigable

“Navigability” and “navigable waters” are two of the most complex terms of art in American law because their meanings vary from context to context. A “navigable water” for purposes of the federal courts’ admiralty jurisdiction is not precisely the same thing as a “navigable water” for Commerce Clause purposes, and the Commerce Clause definition can be further refined in statute like the federal Clean Water Act. Other important federal law definitions of navigability govern state title to banks and beds of waterways and the scope of the federal navigation servitude. As this article will discuss, these tests overlap considerably, and attempts to distinguish them can cause confusion. State law definitions of “navigability” for state regulatory purposes complicate the multiple valences of “navigable water” even further. This article provides an overview of some of the more important definitions of “navigability” and “navigable waters.” In general, labeling a waterway as “navigable” signals that either the federal government or the public acquires some right to the waterway in question. However, if the waterway also meets the “navigable water” test for state title, complicated legal relationships among the federal government, the relevant state, the general public, and private riparian landowners almost inevitably follow.

Near-Field Receiving-Water Monitoring of Trace Metals and a Benthic Community Near the Palo Alto Regional Water Quality Control Plant in South San Francisco Bay, California

U.S. Geological Survey (USGS) | November 6th, 2019

Trace-metal concentrations in sediment and in the clam Macoma petalum (formerly reported as Macoma balthica), clam reproductive activity, and benthic macroinvertebrate co

Trace-metal concentrations in sediment and in the clam Macoma petalum (formerly reported as Macoma balthica), clam reproductive activity, and benthic macroinvertebrate community structure were investigated in a mudflat 1 kilometer south of the discharge of the Palo Alto Regional Water Quality Control Plant (PARWQCP) in south San Francisco Bay, Calif. This report includes the data collected by U.S. Geological Survey (USGS) scientists for the period January 2018 to December 2018. These append to long-term datasets extending back to 1974. A major focus of the report is an integrated description of the 2018 data within the context of the longer, multi-decadal dataset. This dataset supports the City of Palo Alto’s Near-Field Receiving-Water Monitoring Program, initiated in 1994. Significant reductions in silver and copper concentrations in both sediment and M. petalum occurred at the site in the 1980s following the implementation by PARWQCP of advanced wastewater treatment and source control measures. Since the 1990s, concentrations of these elements appear to have stabilized at concentrations somewhat above (silver [Ag]) or near (copper [Cu]) regional background concentrations. Data for other metals, including chromium (Cr), mercury (Hg), nickel (Ni), selenium (Se), and zinc (Zn), have been collected since 1994. Over this period, concentrations of these elements have remained relatively constant, aside from seasonal variation that is common to all elements. In 2018, concentrations of silver and copper in M. petalum varied seasonally in response to a combination of site-specific metal exposures and annual growth and reproduction, as reported previously. Seasonal patterns for other elements, including Cr, Ni, Zn, Hg, and Se, were generally similar in timing and magnitude as those for Ag and Cu. This record suggests that legacy contamination and regional-scale factors now largely control sedimentary and bioavailable concentrations of silver and copper, as well as other elements of regulatory interest, at the Palo Alto site. Analyses of the benthic community structure of a mudflat in south San Francisco Bay over a 40-year period show that changes in the community have occurred concurrent with reduced concentrations of metals in the sediment and in the tissues of the biosentinel clam, M. petalum, from the same area. Analysis of M. petalum shows increases in reproductive activity concurrent with the decline in metal concentrations in the tissues of this organism. Reproductive activity is presently stable (2018), with almost all animals initiating reproduction in the fall and spawning the following spring. The entire infaunal community has shifted from being dominated by several opportunistic species to a community where the species are more similar in abundance, a pattern that indicates a more stable community that is subjected to fewer stressors. In addition, two of the opportunistic species (Ampelisca abdita and Streblospio benedicti) that brood their young and live on the surface of the sediment in tubes have shown a continual decline in dominance coincident with the decline in metals; both species had short-lived rebounds in abundance in 2008, 2009, and 2010 and showed signs of increasing abundance in 2018. Heteromastus filiformis (a subsurface polychaete worm that lives in the sediment, consumes sediment and organic particles residing in the sediment, and reproduces by laying its eggs on or in the sediment) showed a concurrent increase in dominance and, in the last several years before 2008, showed a stable population. H. filiformis abundance increased slightly in 2011–2012 and returned to pre-2011 numbers in 2018. An unidentified disturbance occurred on the mudflat in early 2008 that resulted in the loss of the benthic animals, except for deep-dwelling animals like M. petalum. However, within two months of this event, animals returned to the mudflat. The resilience of the community suggested that the disturbance was not caused by a persistent toxin or anoxia. The reproductive mode of most species that were present in 2018 was indicative of species that were available either as pelagic larvae or as mobile adults. Although oviparous species were lower in number in this group, the authors hypothesize that these species will return slowly as more species move back into the area. The use of functional ecology was highlighted in the 2018 benthic community data, which showed that the animals that have now returned to the mudflat are those that can respond successfully to a physical, nontoxic disturbance. Today, community data show a mix of species that consume the sediment, or filter feed, have pelagic larvae that must survive landing on the sediment, and those that brood their young. USGS scientists view the 2008 disturbance event as a response by the infaunal community to an episodic natural stressor (possibly sediment accretion or a pulse of freshwater), in contrast to the long-term recovery from metal contamination. We will compare this recovery to the long-term recovery observed after the 1970s when the decline in sediment pollutants was the dominating factor.

Neonicotinoids and their Degradates in San Francisco Bay Water

San Francisco Estuary Institute (SFEI) | July 1st, 2020

The Regional Monitoring Program for Water Quality in San Francisco Bay (RMP) screened Bay waters for neonicotinoid pesticides, comparing levels to toxicity thresholds to

The Regional Monitoring Program for Water Quality in San Francisco Bay (RMP) screened Bay waters for neonicotinoid pesticides, comparing levels to toxicity thresholds to inform placement of this class of emerging contaminants within the tiered risk-based framework. Neonicotinoids are one of the most widely used classes of insecticides in the world. Given their widespread use in agricultural and urban environments, and ubiquitous detections in surface waters, there is growing concern about consequences for non-target species such as aquatic invertebrates, insects, birds, and fish. In the summer of 2017, open Bay water samples were collected during the RMP Status and Trends Water Cruise. Samples were analyzed for 19 neonicotinoids and metabolites. The only neonicotinoid detected was imidacloprid, an active ingredient used in both urban and agricultural applications. Imidacloprid was detected at a single site above the method detection limits (2.2-2.6 ng/L) in Lower South Bay at a level of 4.2 ng/L. This value is within the range of concentrations found in a separate RMP study in water samples collected from the South and Lower South Bay margins in 2017. Imidacloprid was detected at 3 of 12 of the margin sites at levels between 3.9 and 11 ng/L; no other neonicotinoids were detected. Of note, these RMP studies appear to represent the first evaluation of ambient neonicotinoid concentrations in an estuarine environment in the nation. Two significant pathways of imidacloprid contamination to the Bay are treated wastewater and runoff from the surrounding, primarily urban landscape. Previous RMP monitoring of wastewater influent and effluent, consisting of 24-hour composite samples collected from eight wastewater treatment facilities in the Bay Area in September 2015, detected imidacloprid in 100% of samples at levels up to 310 ng/L. Independent surveys in both northern and southern California urban areas confirm that imidacloprid is a commonly detected insecticide in urban runoff. For example, a San Francisco Bay Area study in Fairfield and Suisun City detected imidacloprid at up to 1,462 ng/L in urban creek waters. However, these concentrations diminished to below detection limits in downstream samples as creek waters mixed with brackish waters from the Bay. While Bay Area agricultural runoff has not been well-characterized with respect to imidacloprid, this pathway may also be of potential interest. A hydrodynamic dilution spreadsheet model was applied as an additional screening tool to explore predicted spatial patterns and temporal trends in imidacloprid concentrations in Bay subembayments. Model inputs were based on available data on concentrations in wastewater effluent and runoff. The model predicted that Lower South Bay levels of imidacloprid would be higher than in other subembayments. The Lower South Bay was also the only subembayment where imidacloprid concentrations were consistently predicted to be higher than method detection limits. The model indicated that wastewater was a dominant pathway for imidacloprid. However, stormwater discharges during the wet season could potentially lead to higher levels in the Bay, suggesting that dry season monitoring may not fully capture maximum concentrations. The results of this simplified dilution model are based on limited input data and do not include all relevant processes and removal mechanisms; they should be interpreted with caution and best viewed as a first step toward quantifiable prediction of open Bay concentrations. Open Bay and margins monitoring of imidacloprid revealed that detected concentrations in Lower South Bay were comparable to or greater than protective US and European Union thresholds that range from 4.8 to 10 ng/L. These observations, in combination with widespread and increasing use of this pesticide in urban settings, indicate that this contaminant should be classified as a Moderate Concern in the RMP tiered risk-based framework for contaminants of emerging concern. Other neonicotinoid pesticides and degradates should be classified as Possible Concern, given their more limited availability in urban use pesticide products, as well as additional uncertainties, particularly the lack of chronic toxicity data and potential for cumulative impacts to wildlife. Additional monitoring is not recommended at this time, due to existing monitoring in urban streams conducted primarily by the California Department of Pesticide Regulation (CDPR). In the future, it may be appropriate for the RMP to explore opportunities for wet season monitoring in Bay water, or in urban runoff. Considering the low toxicity thresholds of these compounds (i.e., in the low ng/L range), analytical methods employed should be improved to provide method detection limits well below toxicity thresholds.

New San Francisco Bay Contaminants Emerge

San Francisco Estuary Institute (SFEI) | July 2nd, 2020

 In 2016, the RMP launched a novel investigation to detect new or unexpected contaminants in Bay waters, as well as treated sewage (or wastewater) discharged to the Bay.

 In 2016, the RMP launched a novel investigation to detect new or unexpected contaminants in Bay waters, as well as treated sewage (or wastewater) discharged to the Bay. This study used non-targeted analysis, a powerful tool that provides a broad, open-ended view of thousands of synthetic and naturally-derived chemicals simultaneously. We identified hundreds of contaminants, and the results have opened our eyes to urban stormwater runoff as an important pathway for emerging contaminants to enter the Bay. 

New Stone Water District GSA Groundwater Sustainability Plan

New Stone Water District (NSWD) | September 23rd, 2019

New-generation pesticides are prevalent in California's Central Coast streams

Science of the Total Environment (Elsevier) | October 7th, 2021

Pesticides are widely recognized as important biological stressors in streams, especially in heavily developed urban and agricultural areas like the Central California Co

Pesticides are widely recognized as important biological stressors in streams, especially in heavily developed urban and agricultural areas like the Central California Coast region. We assessed occurrence and potential toxicity of pesticides in small streams in the region using two analytical methods: a broad-spectrum (223 compounds) method in use since 2012 and a newly developed method for 30 additional new-generation fungicides and insecticides. At least one pesticide compound was identified in 83 of the 85 streams sampled. About one-half (48%) of the 253 pesticides measured were detected at least once and 27 were detected in 10% or more of samples. Three of the top 4, and 6 of the top 10 most frequently detected compounds (chlorantraniliprole, dinotefuran, boscalid, thiamethoxam, clothianidin and the fluopicolide degradate 2,6-dichlorobenzamide) were analyzed by the new method. Pesticide mixtures were common, with two or more pesticide compounds detected in 81% of samples and 10 or more in 32% of samples. The pesticide count at a site was relatively consistent over the 6-week study. Four sites with mixed land-use in the lower basin (

Nitrate Implementation Measures Study (NIMS) Final Report

Central Valley Salinity Alternatives for Long-Term Sustainability (CV-SALTS) | March 31st, 2016

This report summarizes the Nitrate Implementation Measures Study (NIMS) which addresses nitrate contamination in the groundwater basins underlying the floor of the Centra

This report summarizes the Nitrate Implementation Measures Study (NIMS) which addresses nitrate contamination in the groundwater basins underlying the floor of the Central Valley and appropriate implementation measures to mitigate nitrate contamination for these areas using a phased approach that includes providing safe drinking water, reducing or eliminating impacts to drinking water sources and implementing managed restoration activities where needed to restore beneficial uses in groundwater. These implementation measures will be incorporated into the SNMP. The findings from both the SSALTS and the NIMS will be used to guide discussions regarding the need for changes to the existing Basin Plan to facilitate salt disposal and mitigation measures for nitrate in a manner that is most beneficial to the region covered by the SNMP. 

Nitrogen Fertilizer Loading to Groundwater in the Central Valley

University of California, Davis (UC Davis) | October 31st, 2017

Nitrate‐nitrogen is the most common pollutant found in the Central Valley aquifer system of California. This project provides a long‐term assessment of past and curr

Nitrate‐nitrogen is the most common pollutant found in the Central Valley aquifer system of California. This project provides a long‐term assessment of past and current potential nitrogen loading to groundwater on irrigated and natural lands across the entire Central Valley of California using a nitrogen mass balance approach; assesses the long‐term implications for groundwater quality in the Central Valley (Sacramento Valley, San Joaquin Valley, and Tulare Lake Basin); evaluates potential best management practices to reduce groundwater nitrogen loading from irrigated lands; and provides a planning tool to better understand local and regional groundwater quality response to specific best management practices and policy/regulatory actions. The project complements other work to assess the vulnerability of Central Valley groundwater to nitrate contamination, sources of nitrate in groundwater, and how to reduce source loading.

Nitrogen Tracking and Reporting Task Force: Final Report

California Department of Food and Agriculture (CDFA) | December 6th, 2013

Agriculture in California is highly diverse in terms of food production, crop management, ecosystems, and climate. Nitrogen fertilizer is essential for crop food producti

Agriculture in California is highly diverse in terms of food production, crop management, ecosystems, and climate. Nitrogen fertilizer is essential for crop food production. Nitrogen fertilizer use over several decades in California has led to nitrates in groundwater. Recognizing that nitrates from agricultural nitrogen fertilizing materials have entered some California groundwater systems used for drinking water, CDFA convened the Nitrogen Tracking and Reporting Task Force in 2013 as part of a multi-pronged administration effort to address nutrient management and water quality. This Task Force was charged with implementing Recommendation 11 of several recommendations made to the Legislature by the State Water Board: “CDFA, in coordination with the Water Boards, should convene a Task Force to identify intended outcomes and expected benefits of a nitrogen mass balance tracking system in nitrate high-risk areas. The Task Force should identify appropriate nitrogen tracking and reporting systems, and potential alternatives, that would provide meaningful and high quality data to help better protect groundwater quality.” This charge was achieved through several measures including, among others, understanding and discussing the pros and cons of existing nitrogen tracking and reporting systems, identifying desirable components or elements of existing systems and evaluating the variability and complexity of California agriculture in relation to where existing systems have been implemented. Through several meetings, presentations by subject matter experts and discussion, the Task Force members came to general agreement on several components of an effective nitrogen tracking and reporting system. The recommended system addresses eight key topics including: (1) System Structure; (2) Data Elements; (3) Roles, Responsibilities and Data Accessibility; (4) Benefits of Participation; (5) Verifiability; (6) Societal Benefits of the Recommended System; (7) Limitations and (8) System Phase-in. This report presents the Task Force’s discussions and recommendations including intended outcome and anticipated benefits of such a tracking and reporting system for nitrogen use.