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New California Legislation on Water Issues

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The 2024 legislative session ended on August 31, meaning the legislature passed all bills for this year. All of the bills are currently with Governor Newsom. He has until September 30 to sign or veto any bills. Any bills not...more

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California Direct Potable Reuse Regulations Approved

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On August 6, 2024, the Office of Administrative Law (OAL) approved the direct potable reuse (DPR) regulations that were previously adopted by the State Water Resources Control Board (State Water Board) on December 19, 2023....more

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California Water Views - 2024 Outlook

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Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more

Downey Brand LLP

Sacramento County Superior Court Rules in Favor of the State Water Board’s Substitute Environmental Document for Phase I of the...

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Introduction - On March 15, 2024, the Sacramento County Superior Court found that the State Water Board’s substitute environmental document did not violate the Porter-Cologne Act, the California Environmental Quality Act...more

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LAO Issues Report Criticizing the “Make Conservation a California Way of Life” Framework – Are Changes Coming?

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On January 4, 2024, the Legislative Analyst's Office (LAO) issued its statutorily-mandated report – “Assessing Early Implementation of Urban Water Use Efficiency Requirements” – analyzing the implementation of the “Make...more

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UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....more

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UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: In response to a request for modification by the State and Regional Water Boards, the Second District Court of Appeal has limited certain aspects of its prior ruling. The primary ask of the State and Regional Water...more

Allen Matkins

California Environmental Law & Policy Update - May 2022 #4

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California adopts emergency water conservation regulations Bullet Los Angeles Times - May 24 The State Water Resources Control Board on Tuesday voted to adopt emergency drought rules that increase conservation requirements...more

Allen Matkins

California Environmental Law & Policy Update - January 2022

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California challenges San Bernardino air cargo facility used by Amazon - Freight Waves – January 4 - The state of California on Monday petitioned a federal appeals court to rehear its lawsuit challenging a new air...more

Allen Matkins

California Environmental Law & Policy Update - November 2021

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EPA’s power to curb greenhouse gases faces Supreme Court scrutiny - Courthouse News Service – October 29 - The Supreme Court announced last Friday that it will hear challenges brought by the states of West Virginia...more

Allen Matkins

California Environmental Law & Policy Update - September 2021 #2

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EPA to propose first-ever PFAS discharge limits - The Hill – September 8 - The U.S. Environmental Protection Agency (EPA) announced on Wednesday that it will propose a rule to set the first-ever limits on the...more

Allen Matkins

California Environmental Law & Policy Update - May 2021 #3

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San Francisco sues state to retain access to vital water supply - Courthouse News Service – May 14 - The city of San Francisco sued the State Water Resources Control Board in Tuolumne County Superior Court last Friday...more

Allen Matkins

California Environmental Law & Policy Update - April 2021 #2

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$4.2 million fine upheld for California homeowner’s blocking of beach access - The Mercury News – April 6 - A federal appeals court on Monday upheld a $4.2 million fine against a Malibu homeowner for blocking beach...more

Allen Matkins

California Environmental Law & Policy Update - March 2021 #4

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2021 Land Use, Environmental & Natural Resources Update - Allen Matkins – March 25 - With the end of the first quarter of 2021 approaching, we thought it timely to issue an update on selected recent developments and...more

Allen Matkins

California Wineries Required to Comply with New Statewide Waste Discharge Order

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On January 20, 2021, the California State Water Resources Control Board (State Water Board) adopted a new statewide general Waste Discharge Requirement (WDR) order for winery process waste discharge facilities (New Winery...more

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On-Demand Webinar | Flood or Drought? A Discussion of the Election’s Potential Legislative Impacts on the Water Sector

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President-elect Joe Biden’s victory over Donald Trump could mean big changes for federal treatment of issues affecting water service providers, as well as how such issues are addressed in California, where Governor Newsom...more

Downey Brand LLP

California PFAS Push Now Includes POTWs as State Water Board Rolls Out New Testing Order

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On July 9, 2020, the California State Water Resources Control Board (State Water Board) issued an investigative order (the Order) to sample for per- and polyfluoroalkyl substances (PFAS) at more than 250 publicly owned...more

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Water Board Issues Draft Definition of Microplastics in Drinking Water

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The California State Water Resources Control Board (“State Water Board”) recently issued a draft Definition of Microplastics in Drinking Water and an accompanying staff report....more

Allen Matkins

State Water Resources Control Board Announces One Month Enforcement Grace Period for Annual Filings Due April 1, 2020

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The State Water Resources Control Board (Water Board) announced on March 26, 2020, that it does not anticipate bringing enforcement actions against water rights holders who are required to make annual filings by April 1,...more

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State Water Board Imposes Stricter Response Levels for PFOA and PFOS

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On February 6, 2020, the California State Water Resources Control Board lowered the response levels (RLs) for perflourooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most common compounds in the...more

Allen Matkins

California Environmental Law & Policy Update - February 2020

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Governor Newsom proposes new plan for San Joaquin River Delta - Governor Gavin Newsom revealed a novel approach Tuesday to managing the San Joaquin River Delta that would keep more water in the fragile delta while restoring...more

Downey Brand LLP

PFAS Are Here: First Round of Results Show PFAS in California Drinking Water Supply Wells

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Results from the first phase of sampling drinking water supply wells for per- and polyfluoroalkyl substances (PFAS) were recently published by the California State Water Resources Control Board (State Water Board) and show...more

Allen Matkins

Groundwater Pumpers Beware: The Public Trust Doctrine is Lurking

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The Third District Appellate Court recently issued a long-awaited decision in Environmental Law Foundation vs. State Water Resources Control Board (ELF v. SWRCB). The decision confirms the expansive scope of California's...more

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California Attempts to Fill the Clean Water Act Breach - State Water Board Issues Revised Rule for Definition of Wetlands and...

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Although the federal government under the Trump Administration is stepping back from regulations under the Clean Water Act (CWA) – see President Donald Trump's Executive Orderand proposed federal rule – the state of...more

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West Coast Real Estate Update: January 2017 #2

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California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

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