Groundwater

News & Analysis as of

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

Texas Well Integrity Rule Revised

The Texas Railroad Commission has clarified and strengthened Rule 13, relating to requirements for drilling, putting pipe down, and cementing wells. The amendment will go into effect on January 1, 2014....more

McAfee & Taft AgLINC - May 2013: Do you have enough water?

Unless you are located in far southeastern Oklahoma, chances are that you could always use some extra water to grow your agribusiness. Oklahoma law requires that if you use groundwater or water from an Oklahoma stream for...more

California Environmental Law and Policy Update - April 25, 2013

Environmental and Policy Focus - ..Bills to create CEQA courts hinge on funding question: California lawmakers are considering legislation that would assign specialized judges to hear California Environmental...more

Earth Matters - April 2013: Recent Decision Highlights Distinction Between Compliance With Multiple Environmental Programs

A recent New York Court of Appeals decision, Bronx Committee for Toxic Free Schools v. New York City School Construction Authority, 20 N.Y.3d 148 (2012), highlighted the interplay between the compliance process for the State...more

What Response Costs Are Necessary Under CERCLA

In a post last year, I discussed what I I thought was the dubious dismissal of a CERCLA cost recovery action in Stratford Holding, LLC v. Fog Cap Retail Investors LLC. ...more

Maryland’s Highest Court Clarifies Toxic Tort Standards and Reverses a Punitive Damage Award in Excess of $1 Billion

The Maryland Court of Appeals clarified certain standards for toxic tort claims, reversed a judgment in excess of $1 billion in punitive damages, vacated approximately $640,000,000 in compensatory damages, and remanded...more

Alternative Water Supply Needed In South Florida

As groundwater all but disappears in South Florida and the region continues to grow, creating alternative water systems is an urgent issue. A recent Department of Economic Opportunity report calls for a strategy to ensure...more

Developers Facing Environmental Woes

Originally published on GlobeSt.com, February 25, 2013. In January, the Department of Economic Opportunity issued a report on the state’s business climate. The report called for a statewide strategy to ensure adequate...more

Texas Agencies Announce Rules to Streamline Permitting and Ease Requirements for Oil and Gas Well Operators

In recent weeks, both the Texas Commission on Environmental Quality (TCEQ) and Texas Railroad Commission (TRRC) have proposed rules that would ease requirements for operators. On February 8, 2013, the TCEQ announced that...more

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