News & Analysis as of

Groundwater

Temporarily Tapped Out: More Time to Consider California's Clean Water Funding Bill

by Lewitt Hackman on

How deep does the clean water issue go in California? Let’s first take a look at some fairly recent and comprehensive findings: There was good news and bad news regarding the cleanliness of California’s drinking water,...more

California Environmental Law & Policy Update - September 2017 #2

by Allen Matkins on

Environmental and Policy Focus - Bill targeting Cadiz water transfer stalls in Senate committee - San Bernardino County Sun - Sep 1 - A bill designed to block the transfer of groundwater from the inland Southern...more

Podcast Episode 7 - Water and Condemnation with Professor Vanessa Casado Perez

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 7, two of Locke Lord’s Dallas Partners, Clint Schumacher and Jeff Mead, talk with Professor Vanessa Casado Perez on Water and Condemnation....more

Island Means Island: Pierce Atwood Successfully Defends Against Tribal Claim to Control State Waters

by Pierce Atwood LLP on

In 1980, the State of Maine, Congress, and Maine tribes entered into Settlement Acts to resolve claims that the tribes owned two-thirds of the State. In return for, among other things, federal recognition and money, the...more

California Environmental Law and Policy Update - August 2017 #4

by Allen Matkins on

Environmental and Policy Focus - Interior Department identifies 'a handful' of national monuments to shrink in its report to Trump - San Diego Union-Tribune - Aug 24 - The White House is getting ready to move on...more

A Win for Appropriative Water Rights

by Davis Wright Tremaine LLP on

In an unpublished opinion released August 24th, the Ninth Circuit rejected a long waged effort to upend the City of Bend’s water planning by forcing it to abandon its vested surface water rights in favor of an all-groundwater...more

California Environmental Law and Policy Update - August 2017 #2

by Allen Matkins on

Environmental and Policy Focus - New California law gives air quality officials power to quickly shut down industrial operations - Los Angeles Times - Aug 7 - Governor Jerry Brown on Monday signed legislation,...more

Property Needs Environmental Cleanup? Don't Scrap It, SCAP It!

by Lewitt Hackman on

Property owners in California may have access to state funds for environmental cleanup of smaller brownfields projects. The money comes from two pieces of environmental legislation passed in 2014....more

New Groundwater Contamination Case: TVA Ordered To Excavate Large Quantities of Coal Ash Waste

On August 4, the U.S. District Court for the Middle District of Tennessee issued a very significant ruling in the case of Tennessee Clean Water Network, et al., v. Tennessee Valley Authority. The District Court has ordered...more

Appellate Court Gives Water District Partial Victory

by Clark Hill PLC on

The Orange County Water District (OCWD) is a public entity established by the California Legislature and empowered to manage, replenish, regulate, and protect groundwater supplies within its boundaries. In 2004, OCWD filed an...more

Specific Agricultural Interests Added to SGMA

by Best Best & Krieger LLP on

Farmers, ranchers and dairy professionals are now identified as being among the beneficial uses and users of groundwater whose interests must be considered under the Sustainable Groundwater Management Act. This is the result...more

Another Oil Field Contamination Plaintiff Waits Too Long

by Gray Reed & McGraw on

Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

California WaterFix: A Snapshot of the SWRCB Water Rights Change Hearings

by Downey Brand LLP on

After five parched years, substantial winter rains and Sierra snowpack have brought California a long-sought reprieve from drought, though not without presenting a new set of challenges. In February, nearly 200,000 residents...more

Ninth Circuit Requires Evidence of No Injury, Recognizes Forfeiture of Pre-1919 Arizona Water Rights

by Best Best & Krieger LLP on

A recent ruling from the U.S. Ninth Circuit Court of Appeals underscores the importance of beneficially using water, as currently recognized in California, to maintain state water rights. On June 13, a three-judge panel...more

New California Groundwater Fees – Another Step Forward for SGMA

by Stoel Rives LLP on

California’s newer groundwater regulatory structure, the Sustainable Groundwater Management Act of 2014 (“SGMA”), was signed by Governor Edmund G. Brown Jr. on September 16, 2014. The State Water Resources Control Board...more

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

by Tonkon Torp LLP on

Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

California Environmental Law & Policy Update - June 2017 #2

by Allen Matkins on

Environmental and Policy Focus - California, six other states challenge EPA over farm pesticide - San Francisco Chronicle - Jun 9 - Attorneys General of California and six other states, in an administrative...more

FDA Deadline Extension: Agricultural Water Standards Compliance

by Strasburger & Price, LLP on

Demonstrating that submitting comments to the FDA can pay dividends, the FDA announced on June 6, 2017 that it will extend the compliance dates for agricultural water standards contained within the Produce Safety Rule. The...more

State Water Board Adopts Groundwater Extraction Fees For SGMA Intervention - Fee Imposition Will Begin This Summer

by Best Best & Krieger LLP on

The State Water Resources Control Board adopted a new fee schedule that will be applied to groundwater pumpers in basins where compliance with the Sustainable Groundwater Management Act comes up short. ...more

SINKING CITIES: Not Just at Sea Level Anymore

by Zelle LLP on

When the Mexica people founded the city of Tenochtitlan in the fourteenth century, they built it on an island in the center of an inland lake in the fertile Valley of Mexico. Over seven centuries, the population of the city –...more

Environmental Notes - May 2017

by Williams Mullen on

The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more

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

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