News & Analysis as of

Groundwater

Tribes’ Federal Water Rights Include Groundwater—But How Much?

by Stoel Rives LLP on

The Ninth Circuit recently ruled that federal reserved water rights held by Indian tribes extend to groundwater underlying reservation lands. Determining the quantity of that groundwater, however, is reserved for another day....more

California Groundwater Pumpers May Be Subject to Proposed "State Intervention Fees" Under SGMA

by Nossaman LLP on

On March 8, 2017, the State Water Quality Control Board (“SWRCB”) released a draft emergency regulation that would impose new fees on some groundwater extractors. Written comments are due by Friday, April 7, 2017. The...more

Sustainable Development Update - March 2017 #3

by Allen Matkins on

Sustainable Development Focus - When it rains, Los Angeles sends billions of gallons of 'free liquid gold' down the drain - Los Angeles Times - Mar 8 - As the Los Angeles region strives to cut its...more

State Water Board Releases Draft Emergency Regulation Setting Fees For SGMA Intervention

by Best Best & Krieger LLP on

In a new regulatory step under the Sustainable Groundwater Management Act, the State Water Resources Control Board released a draft emergency regulation that sets fees for state intervention activities. Comments are due by...more

Ninth Circuit Holds that Federal Reserved Water Rights Extend to Groundwater

by Snell & Wilmer on

On March 7, 2017, the Ninth Circuit Court of Appeals issued its decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, Case No. 15-55896. In this decision, the Court unequivocally held that...more

Applying Product Liability Theory, Washington State Sues for PCB Damages

by Beveridge & Diamond PC on

In an effort to use product liability theories to hold manufacturers culpable for environmental releases, the Attorney General of Washington State sued PCB manufacturer Monsanto in state court in December. See Complaint,...more

BB&K Represents Water District in Historic Indian Water Rights Settlement

by Best Best & Krieger LLP on

Congress enacted the Pechanga Band of Luiseño Mission Indian Water Rights Settlement Act in late 2016 as part of the Water Infrastructure Improvements for the Nation Act (S.612). The Act, in part, culminates years of...more

Water, Water Everywhere: Coming Soon to a Legislative Chamber Near You

by Tonkon Torp LLP on

Water is a real estate issue, a business issue, a taxpayer issue. Whether you're a developer, a farmer, a city manager, a manufacturer, or "just" a taxpayer, I think you’ll be hearing a lot more about water in the next few...more

New Water Supply Planning Laws Affecting CEQA Projects Now in Effect

by Miller Starr Regalia on

New California legislation affecting the required water supply analyses that must be made for certain projects subject to CEQA (SB 1262) was signed into law by Governor Brown last fall, and is now effective as of January 1,...more

California Water Rights: Compliance Checklist for 2017

Brownstein’s California Water Group is pleased to provide you with our California Water Rights: Compliance Checklist for 2017. Adequate maintenance and protection of your water rights requires compliance with certain...more

Maine Board of Environmental Protection Unanimously Adopts Metallic Mineral Mining Rules

by Pierce Atwood LLP on

On January 5th, the Maine Board of Environmental Protection (Board) unanimously voted to repeal existing Chapter 200 Metallic Mineral Exploration, Advanced Exploration and Mining rules and adopt new Chapter 200 rules to...more

California Releases Updated Groundwater Information Resource

by Best Best & Krieger LLP on

The California Department of Water Resources has released an interim update of Bulletin 118, the state’s primary groundwater information resource. The update addresses time-sensitive information that agencies will need to...more

North Carolina Begins Using Risk-Based Corrective Action at High Risk UST Sites

by Williams Mullen on

The North Carolina Department of Environmental Quality (NCDEQ) has issued guidance for remediation of petroleum groundwater contamination from leaking underground storage tanks (USTs). Its North Carolina Petroleum UST Release...more

Presidential Pulse: 10 Key Ways the Trump Administration May Impact The Way You Do Business in 2017

by Seyfarth Shaw LLP on

Today marks just over a month since Donald Trump was elected as the next President of the United States. As each cabinet appointment is announced, we get more clues to help us predict which direction the Trump...more

EPA Eases Path to Superfund Listing: Vapor Intrusion Component Added to the Hazardous Ranking System

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the EPA adding the consideration of vapor intrusion in its Superfund site investigations, hundreds of sites that previously would not rank high enough to qualify for listing on the National Priorities...more

Federal Appeals Court to Determine Tribal Reserved Rights to Groundwater

by Snell & Wilmer on

The Ninth Circuit Court of Appeals will soon determine whether the Agua Caliente Band of Cahuilla Indians has a federal reserved right to groundwater in a water rights case that could set a precedent for tribes across the...more

California Declaration That Watersheds Are Integral Components of State’s Water Infrastructure Unlocks New Funding Sources for...

The role of California’s forests in protecting and enhancing the state’s water supply for both drinking water and irrigated agriculture is in the spotlight, and with good reason—more than 60 percent of California’s developed...more

Final D.C. Groundwater Well Requirements Will Impact Many Property Owners

by Holland & Knight LLP on

The District of Columbia Department of Energy and Environment (DOEE) on Oct. 28, 2016, published final rules governing the construction, maintenance and abandonment of wells. The new regulations became effective immediately...more

What Now? U.S. Environmental Protection Agency Post-Election Outlook

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration, we anticipate that EPA is not only likely to pivot away from an enforcement heavy to a more business...more

Wait, How Many Trucks? Ash Pond Closure by Removal

by Balch & Bingham LLP on

Utilities around the country have developed preliminary closure plans for surface impoundments storing coal ash, gypsum, and other coal combustion residuals (CCR). Some ash ponds are already in the process of closing. To...more

Court “Un-Laches” Backdoor Defense to Spill Act?

by Cole Schotz on

After the NJ Supreme Court Finally Closed the Door on The Statute of Limitations Defense To NJ Spill Act Contribution Claims, Laches Emerges as a Possible Backdoor Defense. The Bergen County Superior Court issued a...more

California Environmental Law & Policy Update - September 2016 #5

by Allen Matkins on

Environmental and Policy Focus - Shell Oil settles charges regarding claims for underground tank cleanup reimbursements - Sacramento Bee - Sep 23 - Shell Oil Co. has agreed to settle charges that it...more

New California Law Amends Water Supply Planning Laws

by Best Best & Krieger LLP on

Water Supply Sufficiency Analyses Must Consider Groundwater Sustainability - Gov. Jerry Brown has signed Senate Bill 1262 into law, representing an initial attempt to incorporate groundwater management requirements under...more

California Environmental Law & Policy Update - September 2016 #4

by Allen Matkins on

Environmental and Policy Focus - California sets reduction targets for black carbon, other climate pollutants - San Diego Union-Tribune - Sep 19 - Governor Jerry Brown on Monday signed into law Senate Bill...more

[Webinar] Implementation of the Sustainable Groundwater Management Act (SGMA) - September 20th, 10:00am PDT

by Nossaman LLP on

Join Nossaman attorneys for a timely discussion of new laws that are changing the landscape of water resource management. This webinar for CLE credit* will cover critical water-related legal topics including implementation...more

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