Groundwater

News & Analysis as of

Wisconsin Supreme Court's misapplication of the pollution exclusion and disregard for policyholders' business and purpose in...

Last week, the Wisconsin Supreme Court issued two opinions in which it held that pollution exclusions barred coverage for third-party claims resulting from alleged contamination of water due to the seepage of cow manure and...more

Wisconsin Supreme Court Applies Pollution Exclusion to Well Contaminated with Manure

Recently, the Wisconsin Supreme Court held that the pollution exclusion applies to well water contamination arising from the application of manure to nearby farmland, relieving a general liability insurer of its duty to...more

Wisconsin Supreme Court: Pollution Exclusion Bars Coverage for Well Contamination Resulting from the Application of Manure and...

In Wilson Mutual Ins. Co. v. Robert Falk and Jane Falk, 2013AP691 & 2013AP776, and Preisler v. Kuettel’s Septic Serv., 2012AP2521, the Wisconsin Supreme Court sought to resolve conflicting court of appeals’ decisions on...more

AB 1739; SB 1168, 1319: Groundwater Management

With the passage of the Sustainable Groundwater Management Act in 2014, California is on the verge of a seismic shift in how the state manages and regulates extraction of groundwater. Until now, the right to extract and use...more

Does the Public Trust Doctrine Apply to Groundwater? The California Supreme Court May Decide

The California Supreme Court is currently considering a petition that raises an important and novel issue of California water law: whether the public trust doctrine applies to groundwater. The public trust doctrine holds that...more

Here Today & Fracked Tomorrow: A Review of SB 4 in 2014

On Wednesday, December 17, I gave a presentation to the Groundwater Resources Association (“GRA”). I reviewed the past year’s developments in California’s regulation of hydraulic fracturing and previewed my future...more

EPA Issues RCRA Rule Regulating Coal Ash as Non-Hazardous Waste

The U.S. Environmental Protection Agency (EPA) on December 19, 2014, issued a much anticipated and certain to be controversial final rule under the Resource Conservation and Recovery Act (RCRA) on the RCRA regulatory status...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - New Critical Habitat for Gulf of Maine Atlantic Sturgeon to be Designated - The National Marine Fisheries Service (NMFS) has agreed to designate critical habitat...more

Brownstein’s Annual Water Rights Compliance Checklist for 2015

This checklist provides a summary of state water right reporting requirements and applicable deadlines for users of surface or groundwater in California. If you have questions about the information contained in this...more

California’s Water Anxiety Prompts Landmark Groundwater Legislation

In an effort to balance depleted groundwater supplies amid record drought conditions, Governor Jerry Brown signed three bills on September 17, 2014 designed to regulate groundwater aquifers throughout California. The landmark...more

Swing, Pendulum, Swing: California's Historic Drought and Unprecedented Responses

Most know by now that California is facing one of its driest years in recorded history. Yet droughts are not new to California, and to put things in context we can be thankful that current drought conditions are only as bad...more

Points & Authorities - Fall 2014

In This Issue: - Legal Considerations for Web Based Start-Ups - California’s Water Anxiety Prompts Landmark Groundwater Legislation - Points from the President - Factor Beware: A Judgment Lien...more

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 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

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