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EPA Draft Ruling Could Mean Significant Changes to How Stormwater Systems are Categorized

The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more

Groundwater Basin Boundaries and Priorities Will Impose New Management Challenges on Local Agencies

The Sustainable Groundwater Management Act, which takes effect Jan. 1, requires that the Department of Water Resources categorize each of California’s 515 alluvial groundwater basins and subbasins as high, medium, low, or...more

Growing Michigan - Third Quarter 2014

In This Issue: - Food and Drug Administration Not Required to Ban Antibiotics Given to Food-Producing Animals - U.S. Department of Agriculture Expands Crop Insurance under 2014 Farm Bill -...more

Bridging Troubled Water: Yes or No on California Prop 1?

Fall is here. Most of us can't tell, given the soaring temperatures outside. A better thermometer might be the onslaught of political commercials we're now seeing on television. To prepare for the elections in...more

California Environmental Law and Policy Update - August 2014 #4

Environmental and Policy Focus - State Lands Commission files suit to overturn S.F.'s Prop. B: SFGate.com - Jul 15: The State Lands Commission filed suit Tuesday to overturn San Francisco's voter-approved limits on...more

Rural Nevada Anti-Fracking Group Seeks to Enjoin Oil and Gas Lease Sale

Reese River Basin Citizens Against Fracking filed a complaint in federal court on June 27, seeking to enjoin the United States Bureau of Land Management (BLM) from holding an oil and gas lease sale. The rural group is...more

State Water Quality Control Board to Consider General Waste Discharge Requirements for Recycled Water Use on June 3, 2014

On June 3, 2014, partially in response to lingering drought conditions throughout the state, the California State Water Resources Control Board (“SWRCB”) will consider adopting a “general” waste discharge requirements (“WDR”)...more

Real World Implications of Forest Service’s New Process for Finalizing Records Of Decision

About a year ago, the Department of Agriculture (“USDA”) issued a final rule establishing a ?new and exclusive process for filing objections to certain proposed National Forest Service (“NFS”) ?projects and activities (78...more

California Environmental Law and Policy Update

Environmental and Policy Focus - DWR must acquire properties before testing tunnel for diversion of water to Southern California - CourtHouse News - Mar 17: A California appellate court ruled last week that, before...more

Texas Environmental Update - February 14, 2014

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

Fish and Wildlife Service’s Proposal to List Lesser Prairie Chicken as “Threatened” Could Have Impact on Industries

On December 11, 2012, the U.S. Fish and Wildlife Service (Service) announced a proposed rule to list the Lesser Prairie Chicken (LEPC) as threatened under the U.S. Endangered Species Act (ESA). The LEPC is a ground-dwelling...more

Virginia Environmental Regulatory Developments (November 2013)

STATE AIR POLLUTION CONTROL BOARD - A. Proposed Regulations - 1. 9VAC5-130. Regulation for Open Burning (Rev. E12) (amending 9VAC5-130-10 through 9VAC5-130-50, 9VAC5-130-100; repealing 9VAC5-130-60)....more

Public Interest in Renewable Energy May Outweigh the Purpose of the Williamson Act; Cancellation of Williamson Act Contracts May...

After a Central Valley county cancelled Williamson Act contracts on ranchland to make way for a solar energy plant, several environmental groups sued challenging the County’s decision. The trial court found against the...more

US federal agencies to seek expanded Clean Water Act regulatory jurisdiction over aggregate mines and farmlands

The US Environmental Protection Agency (“EPA”) and the US Army Corps of Engineers (“Corps”) are poised to propose a new rule that would significantly expand their regulatory jurisdiction under the Clean Water Act. While many...more

Hydraulic Fracking and the Battle Over Beneficial Water Use in California: The Next Phase of Fracking Litigation in California

The competition between agriculture, energy, domestic and environmental interests for water in California is fierce and is about to become more contentious. In a “wet year,” the demand for water from these interests may...more

Edwards Aquifer Authority v. Bragg: A Summary for Non-Attorneys

The Texas Supreme Court's ruling in Bragg makes clear that, at least in some circumstances, a groundwater conservation district's denial or limitation of a permit seeking to pump groundwater for irrigation can constitute a...more

Solar Project Prevails Over Williamson Act, CEQA Claims in Save Panoche Valley

A recent California appellate decision broke new ground for solar energy developers by upholding a County’s decision to cancel numerous Williamson Act contracts and approve a large solar project despite potentially...more

The New Range Wars: CEQA and the Williamson Act Are Deployed To Fight Global Warming Solutions In Save Panoche Valley

Nothing says “battle royal” quite like pitting several of California’s heavyweight environmental laws against one another in a “winner-take-all” litigation brawl....more

The Sun is Shining on Solar: Deference to Lead Agency Given in Panoche Valley Solar Project CEQA/Williamson Act Decision

In a recent California appellate decision addressing a challenge under the California Environmental Quality Act (CEQA) and the Williamson Act to the Panoche Valley Solar Project, a photovoltaic solar project on approximately...more

House Defeats Farm Bill, Senate Advances Modest Energy Legislation – ML Strategies Weekly Energy and Environmental Update

Ten days after the Senate passed its version of the Farm Bill 66-27, the House defeated the $940 billion H.R. 1947, the Federal Agriculture Reform and Risk Management Act of 2013, on June 20. Next steps on the measure are...more

Court Finds Public Interest In Meeting Renewable Energy Goals in California Outweighs Efforts To Preserve Agricultural Lands -...

In Save Panoche Valley v. San Benito County, the Sixth District Court of Appeal upheld the county’s approval of a 420-megawatt photovoltaic solar plant. The court found that the county had substantial evidence to support its...more

McAfee & Taft AgLINC - May 2013: Do you have enough water?

Unless you are located in far southeastern Oklahoma, chances are that you could always use some extra water to grow your agribusiness. Oklahoma law requires that if you use groundwater or water from an Oklahoma stream for...more

Farmland Solar Out to Pasture: BPU Approves SRECs for only 3 out of 57 New Grid-Supply Solar Farmland Projects

At its April 29, 2013 public agenda meeting in Trenton, the Board of Public Utilities (BPU) approved only 3 out of 57 new grid-supply solar farmland projects pending approval for solar renewable energy certificates (SRECs)....more

Growing Michigan - Fourth Quarter 2012

In This Issue: - MISS Dig Bills Pass in Michigan Senate, Stall in House - Farm Bill Still Stalled - Ag Groups Urge Action on Estate Taxes - SBA Economic Injury Disaster Loans Now Available in Michigan - Michigan...more

MISS Dig Bills Pass In Michigan Senate, Stall In House

Legislation creating a new MISS Dig law passed the Michigan Senate on November 29 in a 26-12 vote, but failed to make it through the House before the 2012 Legislative Session closed on December 13. Supporters plan to...more

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