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Mitchell, Williams, Selig, Gates & Woodyard,...

Cybersecurity Memorandum: Withdrawal of Document Challenged by Arkansas Attorney General Announced by U.S. Environmental...

The United States Environmental Protection Agency (“EPA”) issued a memorandum on October 11th titled: Withdrawal of Cybersecurity Memorandum of March 3, 2023 (“Withdrawal Memorandum”) The Withdrawal Memorandum was transmitted...more

Downey Brand LLP

Supreme Court Denies Review of California Appeals Court Ruling that State Water Board’s Duty to Prevent Waste and Unreasonable Use...

Downey Brand LLP on

On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

Foley Hoag LLP - Environmental Law

Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.

Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Interpretive Memorandum Addressing Cybersecurity: Eight Circuit Court of Appeals Grants Stay...

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) granted a stay of a United States Environmental Protection Agency interpretive rule associated with a March 3rd memorandum titled: Addressing PWS...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Interpretive Memorandum Addressing Cybersecurity: Arkansas/Missouri/Iowa Attorney Generals...

The Arkansas, Missouri, and Iowa Attorney Generals (collectively “Arkansas AG”) filed on April 17th a Petition for Review (“Petition”) in the Federal Eighth Circuit Court of Appeals addressing a March 3rd Memorandum issued by...more

Maron Marvel

Delaware Supreme Court Considers Responsibility for PCBs In the Environment

Maron Marvel on

The Delaware Supreme Court heard arguments in late March in a lawsuit on appeal by the State of Delaware seeking to hold Monsanto as a manufacturer responsible for polychlorinated biphenyls (PCBs) that have contaminated...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hexavalent Chromium/RCRA: Federal Appellate Court Reconsiders Public Water System Liability

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a July 1st Opinion addressed a prior September 29th decision discussing the potential liability of a public water system pursuant to the imminent...more

Perkins Coie

Court Upholds EIR for Kern River Diversion and Storage Project

Perkins Coie on

A California Court of Appeal held that the EIR for a public water authority’s river diversion and water storage project adequately described the unadjudicated waters to be diverted and adequately analyzed impacts to water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waterworks/Condemnation Proceedings: Arkansas Court of Appeals Addresses Applicable Statutory Authorities

The Arkansas Court of Appeals (“ACA”) addressed in a February 2nd Opinion an issue arising out of a municipality’s use of statutory condemnation authorities to construct a treated-water transmission line....more

Schwabe, Williamson & Wyatt PC

Oregon Supreme Court Holds Hydroelectric Water Rights Automatically Convert to Permanent Instream Water Rights after Five Years of...

The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water...more

Foley Hoag LLP - Environmental Law

The Law Is An Ass, RCRA Edition

Late last month, the 9th Circuit Court of Appeals ruled that a public water supplier could be liable in a citizens’ suit brought under the imminent and substantial endangerment provisions of RCRA, where the plaintiff alleged...more

Foley Hoag LLP - Environmental Law

The Sacketts Got Their Day in Court on the Merits; Another Lesson in Being Careful What You Wish For

Last week, in what may or may not be the last round in the ongoing efforts by Michael and Chantell Sackett to build a house on wetlands in Idaho, the 9th Circuit Court of Appeals found that: EPA reasonably determined...more

Foley Hoag LLP - Environmental Law

EPA Withdrawal of Its Proposed Veto of a 404 Permit Is Reviewable — This Should Not Be Earth-shattering News

Last week, the 9th Circuit Court of Appeals ruled that EPA’s decision to withdraw its proposed veto of the Army Corps’ Section 404 permit for the Pebble Mine project in Bristol Bay, Alaska, was subject to judicial review. ...more

Perkins Coie

Water District Rate Increases Violated Proposition 218

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A court of appeal invalidated a water district’s adopted rate increases, concluding that the district failed to meet its burden under Proposition 218 of establishing that the increases did not exceed the cost of providing the...more

Best Best & Krieger LLP

Appellate Decisions Limiting Groundwater Pumping in an Overdrafted Basin

Antelope Valley Groundwater Basin Adjudication - A California Court of Appeal recently issued two opinions affirming a physical solution limiting the right to pump groundwater by a landowner who has never pumped from the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Residual Designation Rule: Los Alamos, New Mexico Files U.S. EPA Environmental Appeals Board Petition Challenging Stormwater/Water...

The County of Los Alamos, New Mexico (“Los Alamos”) filed a January 17th petition (“Petition”) challenging a United States Environmental Protection Agency (“EPA”) decision titled: Designation Decision and Record of Decision...more

Gray Reed

Gas Well Operator’s Injunction Against Texas Town is Dissolved

Gray Reed on

In Town of Flower Mound v. Eagle Ridge Operating LLC, an operator’s injunction against enforcement of a local ordinance was dissolved. EagleRidge operates gas wells in the Flower Mound. A Town ordinance prohibits work on gas...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Takings/Water Contamination: Federal Appellate Court Addresses Jurisdictional Issue Involving Water District Damage Claim

The United States Court of Appeals, Federal Circuit, (“Court”) addressed in a July 19th opinion whether the Court of Federal Claims (“Lower Court”) has subject matter jurisdiction to address a takings claim involving water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Quality Buffer/Stormwater: Tennessee Appellate Court Reviews Denial of Variance Request

The Tennessee Court of Appeals (“Court”) addressed in a April 4th Opinion a question involving stormwater issue regulations that utilize water quality buffers. See Precision Homes, INC. v. The Metropolitan Government of...more

Best Best & Krieger LLP

Resolution Adopting New Water Rates Not Subject to Referendum - Calif. Court of Appeal Holds that Referendum Power Not Applicable...

A water agency’s resolution adopting new rates for its water service fees is not subject to referendum, a California Court of Appeal held Friday. The California Constitution’s grant of referendum power excludes local...more

Foley Hoag LLP - Environmental Law

Deadlines For Permit Issuance Are Double-Edged Swords

On January 25, 2019, the D.C. Circuit Court of Appeals ruled that applicants for licenses under the Federal Power Act may not reach private agreements with states to circumvent the FPA requirement that states act on water...more

Perkins Coie

Supreme Court To Decide If CEQA Review Is Required For Well Permits.

Perkins Coie on

The Supreme Court of California has granted review of two cases to resolve a split among courts of appeal over whether the issuance of well permits pursuant to state standards is subject to CEQA. California Water Impact...more

Downey Brand LLP

Third Appellate District Extends Public Trust Doctrine to Groundwater, Finding That Counties Have a Duty to Administer the Trust...

Downey Brand LLP on

On August 29, 2018, the Third Appellate District published its long-awaited opinion in Environmental Law Foundation v. State Water Resources Control Board (“ELF”), a case involving a challenge to Siskiyou County’s (“County”)...more

Blake, Cassels & Graydon LLP

B.C. Environmental Appeal Board Refuses Expert Opinion from Consultant Who Acted As Agent

The British Columbia Environment Appeal Board (Board) recently ruled that a consultant who had acted as agent for one of the parties to an environmental appeal could not testify as an expert witness on behalf of that party. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Florida v. Georgia: U.S. Supreme Court Addresses Interstate Water Dispute

The United States Supreme Court (“Court”) issued an opinion today in the interstate water dispute between the states of Florida and Georgia. The Court had previously found that the litigation fit within its original...more

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