Groundwater

News & Analysis as of

New Groundwater Legislation Update: Comments Recommended Regarding Groundwater Basin Prioritization

Public Agencies Wishing to Dispute Basin Prioritization or Boundaries Should Submit Comments As Soon As Possible - Under the new groundwater legislation, the California Department of Water Resources must establish the...more

Uncertainty about the time limit for filing a groundwater contamination claim in North Carolina.

What is the latest date upon which a private plaintiff must file a claim for personal injury or property damage based on groundwater contamination in North Carolina? Until recently, the answer to this question appeared...more

Groundwater Basin Boundaries and Priorities Will Impose New Management Challenges on Local Agencies

The Sustainable Groundwater Management Act, which takes effect Jan. 1, requires that the Department of Water Resources categorize each of California’s 515 alluvial groundwater basins and subbasins as high, medium, low, or...more

California Enacts Comprehensive Groundwater Management Legislation

On September 16, 2014, California Governor Jerry Brown signed into law a historic package of three bills—Senate Bill 1168, Senate Bill 1319 and Assembly Bill 1739—instituting comprehensive groundwater management in...more

California Groundwater Regulation Enters the 20th Century!

On September 16, 2014, California Governor Jerry Brown signed into law a trio of bills to establish a statewide regulatory scheme for the use of groundwater: Assembly Bill 1739, and Senate Bills 1168 and 1319. California had...more

A Brave New World of Water Regulation

A brave new world of water regulation - Since the state of California was born, the right to extract and use groundwater has been virtually unregulated — the law has provided few tools to limit or manage how...more

California Environmental Law and Policy Update - September 2014 #3

Environmental and Policy Focus: California acts to manage statewide groundwater issues: Allen Matkins - Sep 19: Faced with record drought and depleted groundwater supplies statewide, the California Legislature has...more

Bridging Troubled Water: Yes or No on California Prop 1?

Fall is here. Most of us can't tell, given the soaring temperatures outside. A better thermometer might be the onslaught of political commercials we're now seeing on television. To prepare for the elections in...more

Ohio EPA Voluntary Action Program Update

Many of our Ohio based automotive suppliers with retained environmental liability are performing soil and groundwater cleanups using the Ohio Voluntary Action Program (VAP). My colleagues and I thought it would be timely to...more

California Acts to Manage Statewide Groundwater Issues

Faced with record drought and depleted groundwater supplies statewide, the California Legislature has enacted, and Governor Brown on September 16 signed, new legislation designed to move statewide groundwater management...more

Legislation Update: Governor Signs Groundwater Bills

On September 16, Gov. Jerry Brown signed into law the package of bills regulating groundwater that we recently wrote about here. The Governor’s press release announcing the signing outlines the following deadlines triggered...more

Historic Calif. Groundwater Bills are Dry on Specifics

On Aug. 29, 2014, the California Legislature cast the final votes necessary to move three companion groundwater management bills to Gov. Jerry Brown's desk. If signed by Gov. Brown, the bills will establish the Sustainable...more

California Governor Signs Historic Groundwater Legislation

Yesterday, Gov. Jerry Brown signed Senate Bills 1168 and 1319 (both Pavley, D-Agoura Hills) and Assembly Bill 1739 (Dickinson, D-Sacramento), which together establish the Sustainable Groundwater Management Act. The Act...more

Legislature Passes Historic Groundwater Management Act

On August 29, 2014, the California Legislature cast the final votes necessary to move three companion groundwater management bills to the Governor's desk. If signed by Governor Brown, the bills will establish the...more

Historic Groundwater Legislation Bills Awaiting Governor Approval

A triumvirate of bills that would establish California’s first-ever groundwater regulation law are now awaiting Gov. Jerry Brown’s signature. The bills, passed by the state Legislature on August 29, would establish the...more

Historic Bills Designed To Sustainably Manage California’s Groundwater Head To Governor

Last Friday, the California Legislature passed three bills that provide for the regulation of groundwater for the first time in the state’s history. Once signed by Gov. Jerry Brown, the bills—currently known as AB 1739...more

Water, Water, Everywhere

Despite the lingering effects of the Great Recession on real estate, residential infill development is a popular model in Northern Virginia for the residential developer. With infill development, a developer will typically...more

Legislature Passes Historic Legislation Fundamentally Changing California Groundwater Law

California’s depleted groundwater basins will not go unmanaged any longer. That’s the directive of the Sustainable Groundwater Management Act (“Act”), passed late Friday, August 29 by the California Legislature, which...more

Comments to Forest Service Groundwater Management Directive Due September 3, 2014

Comments to the Groundwater Resource Management Directive proposed by the United States Forest Service to modify Chapter 2560 of the Forest Service Manual are due September 3, 2014. The proposed directive was published in the...more

Legislature Adopts Historic Sustainable Groundwater Management Act

Act Imposes Groundwater Management and Reporting Requirements on Local Agencies - On Friday night, the California Legislature adopted a lawmaking package, including Senate Bills 1168 and 1319 and Assembly Bill 1739,...more

Updates: Federal Government's Efforts to Review and Devise Hydraulic Fracturing Regulations

(1) GAO Report: EPA Can Do More To Protect Groundwater from Pollutants Associated with Fracking - On Monday, July 28, the U.S. Government Accountability Office (GAO) released a report stating that EPA can do more to...more

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

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