Groundwater

News & Analysis as of

California Supreme Court Grants Review in San Buenaventura Groundwater Pumping Fees Case

Appellate Court Decision Held that the Pumping Fee is Subject to Prop. 26 and is not a Property-Related Fee Subject to Prop. 218 - Two California Appellate Court decisions handed down in March addressed whether or not...more

More Stringent "Significant Environmental Hazard" Reporting Requirements to Take Effect July 1, 2015

Despite recent lobbying by industry and other stakeholders for a postponement of its effective date, a law passed in 2013 (Public Act 13-308) will take effect on July 1, 2015 amending existing reporting requirements for...more

State Water Board Receives Groundwater Monitoring Recommendations from Experts

The State Water Resources Control Board (“Water Board”) has recently released recommendations from the Lawrence Livermore National Laboratory (“LLNL”) on Model Criteria for Groundwater Monitoring. Pursuant to Senate Bill 4...more

EPA Takes Positions on Vapor Intrusion

In a busy day for vapor intrusion, last week the U. S. Environmental Protection Agency made several announcements about vapor intrusion. First, it announced it had submitted a draft rule to the White House OMB seeking to...more

DEQ Announces CAFO Permit Change to Protect Michigan Surface Waters

On May 4, 2015, Michigan's Department of Environmental Quality (DEQ) announced a change to its Concentrated Animal Feeding Operations (CAFO) discharge permits in an effort to better protect the environment and Michigan's...more

EPA Releases Draft Assessment of Potential Hydraulic Fracturing Impacts on Drinking Water Resources

On June 4, 2015, the U.S. Environmental Protection Agency (EPA) released a draft of its highly anticipated study, Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources (the...more

Obama Administration Issues Final Rule on “Waters of the United States” - The Rule Will Expand The Universe Of "Waters" Subject To...

On May 27, 2015, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) (collectively, the “agencies”) issued a final rule revising the regulatory definition of “Waters of the United...more

Update on California Water Legislation Regarding Groundwater, Recycled Water and More

June 5, 2015 marked the deadline for lawmakers to pass bills out of their house to the opposite house. Bills that did not pass in their house of origin by that date have effectively died (unless such a bill has been...more

Ninth Circuit Adheres to Narrow Interpretation of “Local Single Event” Exception Under CAFA

In a recent decision, the Ninth Circuit Court of Appeals held that a suit brought against Boeing and its environmental remediation contractor over alleged groundwater contamination that occurred over the course of 40 years...more

Fracking Is Not One-Size-Fits-All, Which Is Good News for California When It Comes to Water

Hydraulic fracturing, also known as “fracking,” has come under scrutiny for its potential impacts on water, including the risks to water quality and the amount of water used in the practice. California’s new regulations on...more

Ninth Circuit Strictly Construes “Single Local Event” Exception to CAFA Jurisdiction for Mass Actions

In a recent decision, the Ninth Circuit Court of Appeals strictly construed the “single local event” exception to federal jurisdiction under CAFA as not encompassing “events or occurrences” that are of a continuing...more

Water District Case Clarifies California Public Records Act Exemption for Utility Customers

“Customer” Includes a Business or Corporation, Judge Rules - The Public Records Act exempts from required disclosure the identities of commercial, as well as individual, utility customers, according to a recent...more

Letter Urges Oil & Gas Wastewater Well Shut-Ins due to Risk of Groundwater Contamination; Regulators Stick to Rulemaking

On March 20, Senator Fran Pavley (D-Agoura Hills) wrote a letter to Governor Jerry Brown requesting that his administration immediately shut down approximately 2,500 underground injection wells. The letter was signed by...more

Groundwater Fees in Flux Following Recent Conflicting Proposition 218 Cases

With California in the midst of a record-breaking drought (as reported in a recent Allen Matkins legal alert, Governor Edmund G. Brown Jr. issued an Executive Order ordering mandatory actions to reduce California's water...more

Are Groundwater Extraction Fees Property Related or Regulatory Fees? It Depends

Two new Proposition 218-related cases published in March come to opposite conclusions in determining whether groundwater extraction and replenishment fees are “property-related” fees subject to Article XIII D of the...more

Two California Appellate Court Rulings Demonstrate that Groundwater Pumping Fees are in the Eye of the Beholder

One Holds that the Fee is Subject to Prop. 26 and Another that it is a Property-Related Fee Subject to Prop. 218 - Two California Appellate Court decisions handed down this month address whether or not a local water...more

Ohio Federal Court Rules That DuPont’s Teflon Emissions Are Covered by RCRA

Last week the Southern District of Ohio held that air emissions from DuPont’s Teflon production operations at its Washington Works Facility in West Virginia, which landed on a water supplier’s wellfield and contaminated the...more

Long-awaited regulations for fracking on federal land: what they mean for business

This client alert is part of an ongoing series by DLA Piper attorneys on the legal, regulatory and policy issues related to hydraulic fracturing and shale gas production in the US and internationally....more

California Groundwater Users Face Unpredictable Legal Frontier

In 2014, for the first time in its 164-year history, California enacted a law that comprehensively regulates the extraction and use of the state’s groundwater. This legislative action came against the dramatic backdrop of...more

New York’s Highest Court Enforces a Water Damage Exclusion Despite an Ensuing Loss Exception

In Platek v. Town of Hamberg, et al., 2015 WL 685726, 2015 N.Y. LEXIS 252 (N.Y., Feb. 19, 2015), the New York Court of Appeals held that an exclusion for water below the surface of the ground was unambiguous and operated to...more

EU Court limits the scope of environmental liability for new owners of polluted land

The Court of Justice of the European Union (the “CJEU”) has shed light on the application of the “polluter pays” principle in the context of the EU’s Environmental Liability Directive. The judgment, handed down on 4 March...more

Oil & Gas Wastewater Injection Wells Closed Down as a Precautionary Measure to Ensure Drinking Water Protection

On Tuesday, March 3, twelve underground injection control (“UIC”) wells in California’s Central Valley, specifically in Kern County, were shut down in order to protect subsurface drinking water from potential contamination. ...more

Status of Oil and Gas-related Bills Proposed in California’s 2015-2016 Legislative Session

February 27, 2015 was the deadline for lawmakers to introduce legislation to the 2015-2016 California Legislative Session and several bills related to oil and gas activities were introduced.  Below is a summary of those...more

New DPR Model for Surface Water Assessment

The California Department of Pesticide Regulation (DPR) announced on February 26, 2015, a revision to the process for evaluation of the potential for a pesticide to move off-site into surface water when the pesticide is used...more

Critical Resources and Land Development: "Water Wars" Are on the Horizon

As we've posited in this space before, water will be the oil of the 21st century. In what way? Its value, its scarcity, its requirement for development. It will also be more valuable than oil in that, unlike oil, we have...more

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