News & Analysis as of

Dams Environmental Impact Report (EIR)

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

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

Lake Bella Vista Dam: Arkansas Court of Appeals Addresses Dispute Regarding Maintenance Responsibilities

The Court of Appeals of Arkansas (“Court”) addressed in an April 6th Opinion a dispute regarding responsibility for the maintenance of a dam. See 2022 Ark. App. 155....more

Downey Brand LLP

California Supreme Court Grants Review of Third District’s Preemption Decision

Downey Brand LLP on

On December 11, 2019, the California Supreme Court granted review of the Third District’s decision in County of Butte v. Department of Water Resources, dismissing a CEQA challenge to DWR’s relicensing application to the...more

Allen Matkins

California Environmental Law & Policy Update - April 2020 #3

Allen Matkins on

Montana federal court judge invalidates permit coverage for Keystone XL pipeline; could stymie projects across country - Bloomberg Law – April 15 - The U.S. District Court for the District of Montana on Wednesday...more

Miller Starr Regalia

State Courts Lack Jurisdiction Over CEQA Challenge To Matters Within FERC’s Jurisdiction In Hydroelectric Dam Relicensure Process...

Miller Starr Regalia on

The Federal Energy Regulatory Commission (“FERC”) issues licenses needed to construct and operate hydroelectric dams pursuant to the Federal Power Act (“FPA”; 16 U.S.C. § 791a, et seq). ...more

Haight Brown & Bonesteel LLP

Who Would Face Liability For Oroville Dam Management?

On Feb. 12, 2017, the Butte County, California, sheriff ordered the evacuation of more than 180,000 people in the communities surrounding California’s Oroville Dam after officials spotted severe erosion in the dam’s emergency...more

Miller Starr Regalia

Fourth District Addresses CEQA Issues Concerning Standing, Mitigation, Baseline, Piecemealing, And Responses To Comments In...

Miller Starr Regalia on

In a published decision filed October 31, 2014 (Paulek v. California Department of Water Resources (4th Dist., Div. 2, 2014) ___ Cal.App.4th ____, Case No. E060038), the Fourth District Court of Appeal affirmed the Riverside...more

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