In a petition filed on October 27, 2023 in the Superior Court of the State of California for the County of Sacramento, a group of environmental associations filed a complaint against the State Water Resources Control Board (the "State Board") and the California Regional Water Quality Control Board (the "Regional Board"). They criticize both Boards for failing to adequately protect the Californian population from water contamination by nitrogen fertilizers and pesticides.

When nitrogen fertilizers are used, plant tissues and leaves become enriched with nitrogen, some of which remains stored in the form of nitrate or amino acid, attracting insects and encouraging the use of pesticides to neutralize the damage they cause to crops. (Source: Libération).

In 2021, and in response to the increasing presence of nitrates (linked to the use of nitrogen fertilizers) and pesticides in drinking water, the Regional Committee has adopted an order relating to the general requirements for the discharge of waste from irrigated land. This 4.0 decree sets a number of targets for improving drinking water quality.

It provides for a limit on the amount of nitrogen fertilizers applied to plantations, with the possibility of adopting measures against farmers who abuse these products.

On the other hand, and despite a long process of work on this point, the proposed protection of "riparian and wetland areas" was not adopted in the final text of Decree 4.0. These areas play a fundamental role in protecting drinking water by limiting the transport of pesticides, sediments and nutrients, reducing erosion and increasing groundwater recharge.

The adoption of Bylaw 4.0 was objected to by several groups representing the interests of agricultural producers, who referred the text to the State Committee for review. After studying the issue for 2 years, the State Committee removed the limits on the use of nitrogen fertilizers from the body of the text, arguing that the Regional Committee had exceeded its jurisdiction in doing so. The State Committee did not rule on the question of protecting riparian and wetland areas, despite several petitions from the petitioning associations to this effect.

The petitioning associations therefore ask the Court to enjoin the State Committee to annul and revise the disputed provisions of Arrêté 4.0, and to adopt new provisions setting up a drinking water protection system based on a precise timetable and quantifiable steps, which limits water contamination from nitrogen fertilizers and effectively protects riparian and wetland areas so that they can limit the transport of nitrogen fertilizers and pesticide products to drinking water.