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Dams

Allen Matkins

California Environmental Law & Policy Update 8.30.24

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A California Superior Court judge ruled last week that Sonoma County must do more to ensure responsible groundwater pumping under the state’s Public Trust Doctrine, which holds that rivers, creeks, and other waterways are...more

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

Dam Collapse/Flooding: Federal Appellate Court Addresses Whether Michigan Counties' Efforts to Preserve Lake Depth Constitute a...

The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) in a June 20th Opinion addressed a taking issue arising out of flooding due to a dam collapse. See  Bruneau v. Midland County, et al., No. 23-1761. ...more

Allen Matkins

California Environmental Law & Policy Update 5.10.24

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The U.S. Environmental Protection Agency (EPA) on Monday finalized tougher methane reporting standards that could increase the number of oil and gas companies that must pay fees for excess methane emissions....more

Allen Matkins

California Environmental Law & Policy Update 4.26.24

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The Biden administration on Tuesday announced a goal to protect and restore 8 million acres of wetlands over the next six years in an effort to counter development pressures and recently weakened federal regulations. The new...more

Blake, Cassels & Graydon LLP

Naviguer dans les eaux juridiques : Rejet des réclamations pour nuisance contre un propriétaire de barrage hydroélectrique

Le 26 février 2024, la Cour d’appel de la Colombie-Britannique (la « Cour d’appel ») a rendu sa décision dans l’affaire Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc., confirmant le rejet par la Cour suprême de la...more

Blake, Cassels & Graydon LLP

Navigating Legal Waters: B.C. Court of Appeal Insulates Hydro Dam Owner from Nuisance Claims

On February 26, 2024, the British Columbia Court of Appeal (Court) issued its decision in Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc., upholding the B.C. Supreme Court’s dismissal of nuisance claims brought by two...more

Allen Matkins

California Environmental Law & Policy Update 2.02.24

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The U.S. Chamber of Commerce, California Chamber of Commerce, American Farm Bureau Federation, and other groups sued California on Tuesday in federal court over the most sweeping climate disclosure mandates in the nation,...more

Allen Matkins

California Environmental Law & Policy Update 1.05.24

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A San Jerardo cooperative in the Salinas area, together with environmental organizations, have sued the state, demanding stricter rules to govern the amount of fertilizer farmers can use. They allege that nitrate...more

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

Dam Maintenance/Discharge of Water: Miller County Circuit Court, Arkansas, Action Filed Against Drainage District/Agricultural...

The John O. Nix Trust (“Nix”) filed an October 10th Complaint in Miller County, Arkansas, Circuit Court against Bradley Enterprise & Farm, LLC, (“Bradley”) and Drainage Districts No. 4 & 5 (“District”) addressing the...more

Morgan Lewis - Power & Pipes

Sixth Circuit Closes the Floodgates on Tort Suits Against FERC for Dam Licensing Decisions

In a per curiam decision on October 3, 2023, the US Court of Appeals for the Sixth Circuit affirmed that the Federal Power Act prevents tort suits against the United States relating to damage caused by dams that are licensed...more

Allen Matkins

California Environmental Law & Policy Update 9.29.23

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Macy’s has been ordered to pay $1.6 million for environmental violations across its 98 California stores to settle a lawsuit filed by district attorneys from 25 California counties and two city attorneys. Macy’s “illegally...more

Allen Matkins

Renewable Energy Update 9.21.23

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The California State Senate has passed Senate Bill 605, which directs the California Energy Commission to evaluate the feasibility, costs, and benefits of using wave energy and tidal energy in the state, sending the bill to...more

Mintz

This morning we have another climate emergency wake up call. We can't afford to hit the snooze button again.

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This morning, everyone who lives or works near the Barrett Pond Park Dam in Leominster, Massachusetts has been told evacuate immediately. Yesterday a foot of rain fell on the area and the future of the dam is, at best,...more

Allen Matkins

California Environmental Law & Policy Update- 5.19.23 #3

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A bill introduced in the U.S. Senate seeks to protect composting, recycling, and garbage facilities from cleanup cost liability if they receive and manage solid waste or biosolids containing PFAS compounds....more

Nossaman LLP

California Court Refuses to Dismiss ESA Challenge to Corps’ Operation of Coyote Valley Dam on Russian River

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Recently, the United States District Court for the Northern District of California refused to dismiss a lawsuit filed by a concerned citizen against the U.S. Army Corps of Engineers (Corps) and National Marine Fisheries...more

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

Dam Removal/Riparian Rights: Federal Appellate Court Addresses Taking Claim

The United States Court of Appeals for the Seventh Circuit (Seventh Circuit) addressed in a February 13th Opinion an issue arising out of the removal of a dam that significantly reduced the river water level, adversely...more

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

Stormwater Flow/Adjacent Properties: Complaint for Injunctive/Emergency Relief Filed in Garland County, Arkansas, Circuit Court

A Complaint in Equity for Injunctive Relief and for Emergency Relief (“Complaint”) was filed on January 26th in the Circuit Court of Garland County, Arkansas, (Civil Division) addressing stormwater flow between two adjacent...more

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

Section 401/Clean Water Act: Federal Appellate Court Addresses Federal Energy Regulatory Commission Licensing Issue

The United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) addressed in a December 20th Opinion an issue involving the Federal Energy Regulatory Commission (“FERC”) licensing process. See...more

Troutman Pepper

Fish and Wildlife Service Announces Funding Grants for Fish Passage

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On November 17, the U.S. Fish and Wildlife Service (Service) announced that $38 million in grant funding is available in fiscal year 2023 for fish passage projects. The goal is to award this funding to projects that address...more

Allen Matkins

California Environmental Law & Policy Update - November 2022 #3

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California unveils plan to reach carbon neutrality by 2045 - Los Angeles Times – November 16 The California Air Resources Board (CARB) on Wednesday released a scoping plan outlining in broad strokes how the state intends to...more

Nossaman LLP

FERC Approves Surrender License for Lower Klamath Project

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On November 17, 2022, the Federal Energy Regulatory Commission (“FERC”) voted unanimously to issue an Order Modifying and Approving Surrender License and Removal of Project Facilities Order (“Order”) for the Lower Klamath...more

Perkins Coie

FERC Approves License Surrender for the Lower Klamath Project

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The Federal Energy Regulatory Commission issued an order on November 17, 2022, approving the surrender of the FERC license for the Lower Klamath Project. This order authorizes the decommissioning and removal of four...more

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

Rehabilitation of High Hazard Potential Dams: Federal Emergency Management Agency Announces Grant for Arkansas Department of...

The Arkansas Department of Agriculture announced in a November 7th news release that its Natural Resources Division (“NRD”) has been approved for a Federal Emergency Management Agency (“FEMA”) Rehabilitation of High Hazard...more

Nossaman LLP

Bureau of Reclamation and Local Water Agency Have Discretion to Release Water from Dam to Avoid Take of Endangered Steelhead Trout

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Reversing the district court, a divided panel of the Ninth Circuit held that that the Bureau of Reclamation and a local water agency have discretion to release water from Twitchell Dam on the Santa Maria River on the Central...more

Downey Brand LLP

Court Holds CEQA Is Not Preempted in Federal Hydroelectric Relicensing Proceeding

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In County of Butte v. Dep’t of Wat. Resources (2022) 13 Cal.5th 612, issued on August 1, 2022, the California Supreme Court carved out a role for the California Environmental Quality Act (“CEQA”) even where the project is...more

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