News & Analysis as of

Groundwater

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

Ninth Circuit Holds that Federal Reserved Water Rights Extend to Groundwater

by Snell & Wilmer on

On March 7, 2017, the Ninth Circuit Court of Appeals issued its decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, Case No. 15-55896. In this decision, the Court unequivocally held that...more

Applying Product Liability Theory, Washington State Sues for PCB Damages

by Beveridge & Diamond PC on

In an effort to use product liability theories to hold manufacturers culpable for environmental releases, the Attorney General of Washington State sued PCB manufacturer Monsanto in state court in December. See Complaint,...more

BB&K Represents Water District in Historic Indian Water Rights Settlement

by Best Best & Krieger LLP on

Congress enacted the Pechanga Band of Luiseño Mission Indian Water Rights Settlement Act in late 2016 as part of the Water Infrastructure Improvements for the Nation Act (S.612). The Act, in part, culminates years of...more

Water, Water Everywhere: Coming Soon to a Legislative Chamber Near You

by Tonkon Torp LLP on

Water is a real estate issue, a business issue, a taxpayer issue. Whether you're a developer, a farmer, a city manager, a manufacturer, or "just" a taxpayer, I think you’ll be hearing a lot more about water in the next few...more

New Water Supply Planning Laws Affecting CEQA Projects Now in Effect

by Miller Starr Regalia on

New California legislation affecting the required water supply analyses that must be made for certain projects subject to CEQA (SB 1262) was signed into law by Governor Brown last fall, and is now effective as of January 1,...more

California Water Rights: Compliance Checklist for 2017

Brownstein’s California Water Group is pleased to provide you with our California Water Rights: Compliance Checklist for 2017. Adequate maintenance and protection of your water rights requires compliance with certain...more

Maine Board of Environmental Protection Unanimously Adopts Metallic Mineral Mining Rules

by Pierce Atwood LLP on

On January 5th, the Maine Board of Environmental Protection (Board) unanimously voted to repeal existing Chapter 200 Metallic Mineral Exploration, Advanced Exploration and Mining rules and adopt new Chapter 200 rules to...more

California Releases Updated Groundwater Information Resource

by Best Best & Krieger LLP on

The California Department of Water Resources has released an interim update of Bulletin 118, the state’s primary groundwater information resource. The update addresses time-sensitive information that agencies will need to...more

North Carolina Begins Using Risk-Based Corrective Action at High Risk UST Sites

by Williams Mullen on

The North Carolina Department of Environmental Quality (NCDEQ) has issued guidance for remediation of petroleum groundwater contamination from leaking underground storage tanks (USTs). Its North Carolina Petroleum UST Release...more

A Compendium of California's Sustainable Groundwater Management Act

by Downey Brand LLP on

The Sustainable Groundwater Management Act (SGMA) will have lasting implications on water users throughout the State. Downey Brand's water law practice is on the cutting edge of SGMA and groundwater law developments and has...more

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