News & Analysis as of

Permits Water Rights

Foley & Lardner LLP

Part One – Air, Water, California Proposition 65, and Cannabis

Foley & Lardner LLP on

Cannabis growing and processing operations face increasing regulatory pressure to assess and reduce their environmental impacts – especially in the areas of water quality, air emissions, energy use and sustainability,...more

Snell & Wilmer

Nevada Supreme Court Clarifies Application of the Anti-Speculation Doctrine to Water Permit Extension Requests

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In Nevada, water is a public resource, meaning no person or entity can hold ownership title, but at most can enjoy the right to beneficial use. A party who wishes to appropriate water must apply for a permit from the State...more

McAfee & Taft

OCA Takes Action to Protect Member’s Groundwater Rights

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Everyone knows the importance and value of water. Under Oklahoma law, while stream water is owned by the state, groundwater is a private property right connected to the land. Historically in Oklahoma, groundwater rights have...more

Downey Brand LLP

Third Appellate District Extends Public Trust Doctrine to Groundwater, Finding That Counties Have a Duty to Administer the Trust...

Downey Brand LLP on

On August 29, 2018, the Third Appellate District published its long-awaited opinion in Environmental Law Foundation v. State Water Resources Control Board (“ELF”), a case involving a challenge to Siskiyou County’s (“County”)...more

Holland & Knight LLP

California Court of Appeal Rejects Challenge to Water Right Permit and License Fee

Holland & Knight LLP on

• In Northern California Water Association et al. v. State Water Resources Control Board et al., the California Third District Court of Appeal rejected challenges to a new annual fee on water right permit and license holders...more

Mitchell, Williams, Selig, Gates & Woodyard,...

South Carolina Surface Water Withdrawal Act: State Supreme Court Addresses Constitutional Challenge

The Supreme Court of South Carolina considered the constitutionality of the registration provisions of its Surface Water Withdrawal Act (“Act”). See Jowers v. South Carolina Dept. of Health and Environmental Control, 2017 WL...more

Downey Brand LLP

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

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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

Allen Matkins

California Environmental Law & Policy Update - June 2016 #2

Allen Matkins on

Environmental and Policy Focus - Appellate court temporarily blocks Delta island sale - Sacramento Bee - Jun 7 - The California Third District Court of Appeal on Tuesday granted a temporary stay blocking...more

Allen Matkins

California Environmental Law & Policy Update - June 2016

Allen Matkins on

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

Allen Matkins

California Environmental Law & Policy Update - March 2016 #3

Allen Matkins on

Environmental and Policy Focus - Bill would limit communications with California Coastal Commission: Santa Barbara Independent - Mar 23 - State Senator Hannah-Beth Jackson announced plans to introduce a bill...more

Williams Mullen

Texas Groundwater Case Opens New Front in Regulatory Takings Claims

Williams Mullen on

Water rights lawsuits are not new. But a recent ruling in Texas sets new precedent in the fight for groundwater. There, a Texas trial court recently awarded pecan farmers Glenn and JoLynn Bragg $2.5 million for their lost...more

Foley Hoag LLP - Environmental Law

Some Decisions Just Make One Say “Wow!”

Conservatives sometimes talk about lawless, i.e., liberal, judges. Let me tell you a story about Judge Robert Clive Jones, who presided over the United States v. Estate of E. Wayne Hage, until the 9th Circuit this week...more

Allen Matkins

First District Court of Appeal Holds State Water Board May Restrict Beneficial Water Use by Senior Water Rights Holders, Relying...

Allen Matkins on

Most Californians are well aware of the restrictions currently being placed on water use throughout the state. The ongoing drought and dwindling water supplies in California are dramatically affecting those with rights to...more

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