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Adapting to Climate Change, Inland

Managed retreat—the process of moving people and property away from the shoreline—is an unpopular but increasingly accepted response to rising sea-levels. In the inaugural issue of Nossaman’s California Water Views – 2023...more

[Webinar] Planning and Funding Climate Resilient California Coastal Infrastructure - December 5th, 2:00 pm - 3:30 pm PT

According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with over 3,750 miles exposed to temporary flooding....more

California Announces Lawsuit Over Federal Government's Biological Opinions for Central Valley Project and State Water Project

On November 21, 2019, the California Secretary for Natural Resources announced California’s decision to sue the federal government over its biological opinions for continuing operations of the California State Water Project...more

ESA Roundup – Legislation, Listings, and Litigation

Whether dealing with water or with endangered species directly, there have been a numbers of recent developments that are worth keeping on your radar.  July 16, 2015 – The House of Representative, in a largely partisan...more

Fifth Circuit Holds that the Army Corps of Engineers' Jurisdictional Determination Does Not Constitute a Reviewable "Final Agency...

On July 30, 2014, the United States Court of Appeals for the Fifth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) is not a final agency action subject to...more

U.S. Fish and Wildlife Service Lists Two Texas Minnows, Acknowledges Impacts to Water Management Likely

On August 4, 2014, the U.S. Fish and Wildlife Service (Service) announced its decision to list two small Texas minnows -- the sharpnose shiner (Notropis oxyrhynchus) and smalleye shiner (N. buccula) -- as endangered under the...more

City of San Clemente Shoreline Project On the Horizon

On June 10, 2014, President Obama signed into law the Water Resources Reform and Development Act of 2014, which, among other things, streamlines the U.S Army Corps of Engineers' infrastructure authorization process,...more

When Can You Sue the State Without Naming the State?

I'll give you a hint, this is a bit of a trick question. Give up? Okay. Whenever you name a State agency, of course. In Lavine v. State of California (pdf), a property owner filed a lawsuit after the Regional Water...more

U.S. Fish And Wildlife Service Approves Habitat Conservation Plan

On February 14, 2013, the U.S. Fish and Wildlife Service announced that it had approved a Habitat Conservation Plan (HCP) and incidental take permit (ITP) for the Edwards Aquifer Recovery Implementation Program. In addition...more

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