Groundwater

News & Analysis as of

The Clean Water Act - Is groundwater included?

There has been much controversy in the courts as to whether groundwater can be defined as “navigable waters” under the Clean Water Act. Courts are split on this decision, with equal numbers of rulings on both sides. One...more

Water Board Announces Meeting to Develop SB 4 Groundwater Monitoring Criteria

On Wednesday, July 9, 2014, the State Water Resources Control Board (“Water Board”) announced that it will be holding a “Stakeholder Meeting to Develop Groundwater Monitoring Model Criteria for Oil & Gas Areas.” The meeting...more

The Complexity Associated with Setting Non-cancer Indoor Air Remediation Goals for Trichloroethylene Based on Short-term Exposure...

Over the last few years, there has been increasing consideration of vapor intrusion in groundwater investigations, groundwater remedy selection, periodic reviews of the continued safety of already implemented groundwater...more

Recent Cases of Note

District of New Jersey Denies Class Certification in Title Insurance Case on Grounds of Ascertainability - In the latest in a series of decisions from courts in the Third Circuit regarding ascertainability of a...more

Will The Legislature Have The Final Word On Groundwater Contamination? Looks That Way

Legislators are outmaneuvering School House Rock. Folks my age got a great civics lesson in how a bill becomes a law on Saturday mornings while eating sugary cereal in front of the tv. But a crucial element was missing from...more

Governor’s Office Looks To Fix California’s “Unsustainable” Groundwater Management System

Last week, the Office of the Governor released the first draft of proposed legislation intended to address the state’s “unsustainable” groundwater management system. According to the Governor’s Office, several factors make...more

California Environmental Law and Policy Update

Environmental and Policy Focus: Expanding the definition of "waters of the United States" – EPA's proposed new rule -- Allen Matkins - Apr 23: On April 21, 2014, the United States Environmental Protection Agency (EPA)...more

Groundwater Management Reform in California: Brownstein Recommendations

The late professor Joseph Sax once wrote about California that “they don’t do groundwater,” referring to the absence of a statewide scheme for the permitting and regulation of groundwater. It is true that there is no...more

Department of Water Resources Releases Report on State of Groundwater Resources

Report Shows Groundwater Basins with Impending Water Shortages and Gaps in Monitoring - A report released by the California Department of Water Resources concludes that groundwater levels throughout the state have...more

Governor's Office of Planning & Research Seeks Input to Improve California's Groundwater Management

BB&K to Provide Input to the State on Groundwater Management - The Office of Planning & Research (OPR) is seeking stakeholder input on actions to improve groundwater management in California, consistent with the...more

Mixed Result In A Louisiana Legacy Pollution Case

The Dietz family sued several lessees for injunctive relief and restorative damages arising out of leases on two non-contiguous tracts in Acadia Parish. In Dietz, et al. v. Superior Oil Company, et al the trial court granted...more

Seventh Circuit Highlights Challenges To Class Certification In Environmental Litigation

Property owners in the town of Roxana, Illinois, a small village on the Mississippi River across from St. Louis, filed suit against Shell Oil Company and ConocoPhillips. The property owners alleged that a refinery owned by...more

Square Pegs in Round Holes

The Western states face two reciprocating and overarching problems in water resources policy. First, water is an increasingly scarce resource facing sharply competitive needs. Climate change is projected to put even more...more

California Governor Declares Drought State of Emergency: Declaration Calls on Water Districts and Cities to Implement Water...

Governor Jerry Brown last week issued a drought state of emergency declaration in response to record-low water levels in California’s rivers and reservoirs as well as an abnormally low snowpack. The declaration, issued...more

Vapor Intrusion Risk Insufficient to Trigger EIR for Urban Infill Project

In Parker Shattuck Neighbors, et al. v. Berkeley City Council, et. al. (First Appellate District, December 30, 2013) (“Shattuck Neighbors”), the court upheld the City of Berkeley’s approval of a mitigated negative declaration...more

EPA Calls for New “Completion Strategies” at Contaminated Groundwater Sites

October 2013, the U.S. Environmental Protection Agency issued its draft “Groundwater Remedy Completion Strategy – Moving Forward with Completion in Mind,” which would establish a recommended strategy for an adaptive...more

Ignoring Environmental Due Diligence Could Be Costly

We have all heard the saying “ignorance is bliss,” but in the area of real property acquisition, the more important idiom is “what you don’t know can kill you.” That may be a bit dramatic, but what you don’t know about a...more

SB 4 Interim Emergency Regulations Contain Significant Changes Following Public Comment Period

After a five-day comment period over the Christmas and New Year's Day holidays, the Division of Oil, Gas and Geothermal Resources' ("DOGGR") emergency regulations are final and now in effect. The revisions, while few, are...more

2013 Water Technology US Patent Landscape Anual Report

Foley’s Green Energy Technologies (GET) team has released its latest annual analysis of the water technology landscape titled "2013 Water Technology U.S. Patent Landscape Annual Report." The 2013 Report was created by...more

“Pay First, Litigate Later” Doctrine Applies to Local Governments: Taxpayers Required to Pay Local Assessments Until Resolution of...

The Water Replenishment District of Southern California (“District”) protects groundwater quality in Los Angeles County groundwater basins from overuse and saltwater intrusion. The District finances its efforts through an...more

EPA’s Groundwater Remedy Completion Strategy: Making Cleanups More Efficient Or Just Increasing PRP Costs?

Last week, EPA released a draft Groundwater Remedy Completion Strategy. The strategy is intended to provide: a recommended step-wise plan and decision making process for evaluating remedy operation, progress and...more

California Environmental Law and Policy Update - October 17, 2013

Environmental and Policy Focus -Federal Shutdown Impacts EPA Staff: The Guardian - Oct 2 -- Nearly all of the 16,205 employees of the Environmental Protection Agency (EPA) across the country, with oversight of air...more

Court Holds Groundwater Augmentation Charge is Not Subject to Voter Approval Requirements of Proposition 218

Notice of a Public Hearing for a Property-related Fee or Charge Must Only be Mailed to the Record Owners of Each Affected Parcel - A California court of appeal recently held that a groundwater management agency’s...more

Energy And Environment Update -- August 12, 2013

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Commerce; Department of Energy; Department of Interior; Environmental Protection Agency; Nuclear Regulatory Commission; International;...more

Energy And Environment Update -- June 24, 2013

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Energy; Department of State; Environmental Protection Agency; Federal Energy Regulation Commission; Government Accountability Office;...more

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