News & Analysis as of

State Water Boards

California Attempts to Fill the Clean Water Act Breach - State Water Board Issues Revised Rule for Definition of Wetlands and...

by Holland & Knight LLP on

Although the federal government under the Trump Administration is stepping back from regulations under the Clean Water Act (CWA) – see President Donald Trump's Executive Orderand proposed federal rule – the state of...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

A strict enforcement of time bar provisions

by White & Case LLP on

Time bar provisions are a relatively common feature of construction contracts, but often arouse concern because they are seen to be "harsh". A recent case from Northern Ireland confirms that notwithstanding any "harsh"...more

Sacramento Superior Court Finds Chromium 6 Water Standard Not Economically Feasible

by Stoel Rives LLP on

On May 5, 2017, the Sacramento Superior Court issued a decision that the state’s water regulation, when it comes to the hexavalent chromium, also known as Chromium 6 (or Chrom-6) water standard, is not economically feasible...more

New Forecast in California: An End to the Drought (For Now!) in Most Counties

by Stoel Rives LLP on

On April 7th, Governor Jerry Brown issued an executive order that lifts the drought emergency in fifty-four of the fifty-eight California counties. After six years of a prolonged drought in California, Executive Order B-40-17...more

As Newcomers to the Industrial Storm Water Permit, Wineries, Breweries and Distilleries Have Options to Comply

The statewide Industrial Storm Water permit (Industrial Permit) provides federal Clean Water Act permit coverage for a host of different industries, including wineries, breweries, and distilleries (alcoholic beverage...more

Sweeping Climate Change Resolution Adopted by California State Water Board

by Best Best & Krieger LLP on

The State Water Resources Control Board this week adopted a resolution containing a comprehensive set of climate change mitigation and adaptation actions to be applied across all actions by the Board and its regional boards....more

State Water Board Releases Latest Round of Proposed Emergency Drought Regulations for California*

by Best Best & Krieger LLP on

The State Water Resources Control Board released this week a formal proposal to extend the emergency statewide drought regulations that have been in effect for California in various forms since early 2015. Cities, counties,...more

California Environmental Law & Policy Update - February 2017 #2

by Allen Matkins on

Environmental and Policy Focus - California extends emergency drought regulations despite heavy rain and snow - Sacramento Bee - Feb 8 - The State Water Resources Control Board (SWRCB) on...more

West Coast Real Estate Update: January 2017 #2

by Holland & Knight LLP on

California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

State Water Board Considering Extension to Drought Emergency Regulations

by Best Best & Krieger LLP on

Despite plentiful rain and snow across much of California, the State Water Resources Control Board is considering extending its emergency drought regulations in early February. During a public workshop in Sacramento on...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

California Environmental Law & Policy Update - October 2016 #3

by Allen Matkins on

Environmental and Policy Focus - Federal report recommends gas-storage safety changes - OC Register - Oct 18 - A task force commissioned by the federal Pipeline and Hazardous Materials Safety...more

Shell Pays Big for Double Dipping with the UST Fund

Last week, the California State Water Resources Control Board (State Water Board) announced that it permanently banned 100 of Shell Oil Company’s underground storage tank (UST) claims from the California UST Cleanup Fund...more

Another Step Closer to Direct Potable Reuse: California Releases Draft Report on the Feasibility of Developing Regulations for...

by Snell & Wilmer on

The California State Water Board released its Draft Report on the Feasibility of Developing Regulations for Direct Potable Reuse (the “Draft Report”). California Water Code Section 13561 defines “direct potable reuse” as...more

State Water Board Cleans Up Its Water Quality Enforcement Policy

by Davis Wright Tremaine LLP on

On August 4, 2016, the California State Water Resources Board (State Water Board) issued a draft rule amending its 2010 Water Quality Enforcement Policy. The proposed amendments are intended to provide additional clarity,...more

California State Water Board Extends Public Comment Period for Wetlands Policy; New Permits Likely to be Required

by Best Best & Krieger LLP on

Public Comments Due Aug.18 - The State Water Board recently held a public hearing on controversial proposed amendments to the California Ocean Plan and the Water Quality Control Plan for Inland Surface Waters, Enclosed...more

State Water Board Issues New Proposed Permitting Procedures for Dredge and Fill to Waters of the State

by Nossaman LLP on

On June 17, 2016, the State Water Resources Control Board (State Board) issued its much-anticipated draft “Procedures for Discharges of Dredged or Fill Materials to Waters of the State” (Draft Permitting Procedures). The...more

California Environmental Law & Policy Update - June 2016 #2

by 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

California Environmental Law & Policy Update - May 2016 #3

by Allen Matkins on

Environmental and Policy Focus - In sharp reversal, California suspends mandatory water restrictions - New York Times - May 18 - The State Water Resources Control Board (SWRCB) on Wednesday suspended its...more

California Environmental Law & Policy Update - May 2016 #2

by Allen Matkins on

Environmental and Policy Focus - Some emergency drought rules might be eased - Los Angeles Times - May 9 - Governor Jerry Brown and the State Water Resources Control Board (SWRCB) on Monday laid out a revised...more

California Environmental Law & Policy Update - April 2016 #5

by Allen Matkins on

Environmental and Policy Focus - Lawsuit claims Delta fish harmed by relaxed water standards - Modesto Bee - Apr 25 - Relaxed water quality standards during the drought have harmed salmon, smelt, and other fish...more

March 15 Deadline Approaches For California Water Suppliers to Apply for Adjustments to Water Conservation Requirements

by Best Best & Krieger LLP on

Climate, Growth and Water Supply Adjustments Ease Conservation Burden in Some Communities - The deadline is fast approaching for urban water suppliers to apply for an adjustment to their water conservation standards...more

Proposed Regulations Could Have a Substantial Effect on Special District Issuers, Especially Developer Districts

by Bracewell LLP on

In an important development for special districts, including water districts, road districts, and other utility districts, on February 22, 2016, the Internal Revenue Service (“IRS”) released proposed Treasury Regulations (the...more

State Water Board Adopts Guidelines for Securing Prop. 1 Funding for Storm Water Control and Capture

by Best Best & Krieger LLP on

The State Water Resources Control Board set priorities earlier this week for storm water control and capture projects seeking Proposition 1 funding. The Board adopted two sets of guidelines for the awarding of $200 million in...more

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