News & Analysis as of

Environmental Impact Report (EIR) Water Rights

Downey Brand LLP

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

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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

Perkins Coie

Court Upholds EIR for Kern River Diversion and Storage Project

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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

Downey Brand LLP

Full Quantification of Water Rights Not Required for CEQA Review, Second District Declares

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On March 22, 2022, the Second District Court of Appeal published its Opinion in Buena Vista Water Storage District v. Kern Water Bank Authority, upholding the Environmental Impact Report (EIR) for the Kern Water Bank...more

Miller Starr Regalia

Second District Upholds EIR for Kern Water Bank Recharge Project Involving Diversion of Unappropriated Kern River Water In Certain...

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In an opinion originally filed on February 23, and later modified and ordered published on March 22, 2022, the Second District Court of Appeal reversed the trial court’s judgment invalidating the Kern Water Bank Authority’s...more

Perkins Coie

State Water Board Registrations of Small Water Diversions Are Ministerial and Exempt from CEQA

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The State Water Resources Control Board’s registrations of small water diversions are ministerial projects and hence exempt from CEQA. As such, allegedly erroneous registrations cannot be challenged under CEQA. Mission Peak...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #2

Trump Said to Seek Limits on State Power in Pipeline Approvals - "Trump's order comes as the president continues to chafe at regulatory barriers he says throttle the full potential of American 'energy dominance,' while...more

Downey Brand LLP

DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit

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On July 21, 2017, the California Department of Water Resources (“DWR”) certified the final environmental document and issued its Notice of Determination for the California WaterFix, a significant new water infrastructure...more

Downey Brand LLP

WaterFix EIR Certification and NOD Client Alert

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On Friday, July 21, 2017, the California Department of Water Resources (“DWR”) certified the Environmental Impact Report for the California WaterFix tunnels project and filed a Notice of Determination with the Governor’s...more

Best Best & Krieger LLP

Sweeping Six-Case Win For Water District Helps Secure Orange County's Water Supply

In early May, the Fourth District Court of Appeal took an important step toward helping to secure Orange County’s water supply. It issued several opinions in response to challenges to a proposed public-private partnership...more

Allen Matkins

California Environmental Law & Policy Update - June 2016 #2

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Environmental and Policy Focus - Appellate court temporarily blocks Delta island sale - Sacramento Bee - Jun 7 - The California Third District Court of Appeal on Tuesday granted a temporary stay blocking...more

Allen Matkins

California Environmental Law & Policy Update - March 2016 #3

Allen Matkins on

Environmental and Policy Focus - Bill would limit communications with California Coastal Commission: Santa Barbara Independent - Mar 23 - State Senator Hannah-Beth Jackson announced plans to introduce a bill...more

Allen Matkins

California Environmental Law & Policy Update - November 2015

Allen Matkins on

Environmental and Policy Focus - Senate votes to block EPA’s clean water rule: The Hill - Nov 4:: The U.S. Senate approved a bill Wednesday to block the Obama administration’s new regulation defining federal authority...more

Allen Matkins

California Environmental Law & Policy Update - August 2015

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Environmental and Policy Focus: Coastkeeper's suit against water agency dismissed - San Diego Union-Tribune - Jul 31: A San Diego superior court judge ruled against an environmental group on July 30, rejecting its...more

Miller Starr Regalia

A CEQA Trustee Agency “Muscles Up”: Third District Holds Department of Fish and Wildlife’s Newly Exercised Power To Require Notice...

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Under CEQA, a “trustee agency” is a “state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California” and “[t]he California Department of...more

Miller Starr Regalia

Fifth District Upholds CEQA Exemptions For Ongoing Pre-CEQA Projects And Continued Operation of Existing Facilities To Reject...

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In a July 3, 2014 published decision more notable for the practical importance of the water rights involved than the CEQA law applied, the Fifth District Court of Appeal rejected the CEQA challenges of various environmental...more

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