News & Analysis as of

Surface Water

Podcast Episode 7 - Water and Condemnation with Professor Vanessa Casado Perez

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 7, two of Locke Lord’s Dallas Partners, Clint Schumacher and Jeff Mead, talk with Professor Vanessa Casado Perez on Water and Condemnation....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

BB&K Government Relations Team Helps Client Secure Federal Grant for Water Project - Las Virgenes-Triunfo JPA Pure Water Project...

by Best Best & Krieger LLP on

With the assistance of Best Best & Krieger LLP’s Government Relations team, including Senior Director of Governmental Affairs John Freshman in Washington, D.C., a client received almost $500,000 in federal funding for water...more

Pennsylvania Superior Court adopts narrow interpretations of surface water exclusion and ensuing loss clause

In the Ridgewood Group LLC v Millers Capital Insurance Company, No. 1138 EDA 2016, February 27, 2017, the Superior Court of Pennsylvania analyzed two often troublesome policy provisions, the surface water exclusion and the...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

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

Three Things You Need to Know About California’s New Surface Water Diversion Reporting Requirements

by Stoel Rives LLP on

On August 22, the State Water Resources Control Board (“State Water Board”) held an informational meeting to answer questions and get the public up to speed on California’s new surface water diversion reporting requirements....more

Pierce Atwood Environmental Regulatory Compliance Calendar

by Pierce Atwood LLP on

Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...more

Climate Change Further Threatens MENA Water Security

by Latham & Watkins LLP on

Climate Change Further Threatens MENA Water Security - The Middle East and North Africa (MENA) is home to 14 of the 33 most water scarce countries globally, with six times less water availability than the worldwide...more

Pennsylvania Independent Regulatory Review Commission Approves Oil and Gas Rulemaking

by Pepper Hamilton LLP on

The purpose of the rulemaking is to modify and update existing requirements related to surface activities associated with the development of conventional and unconventional oil and gas wells....more

Does Your Toxic Release Inventory Make You a Target for Enforcement?

by Beveridge & Diamond PC on

Summary: The U.S. Environmental Protection Agency’s Office of the Inspector General is examining the Agency’s usage of Toxic Release Inventory data to evaluate companies’ compliance with surface water discharge permitting...more

Texas Groundwater Case Opens New Front in Regulatory Takings Claims

by 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

Case Law Updates

by Williams Mullen on

Clean Water Act - In last month’s edition of Environmental Notes, we discussed the potential impact of two recent federal district court decisions finding that a citizen suit under the Clean Water Act (CWA) could be...more

Food-Processing Sector May Be U.S. EPA’s Next Enforcement Target

by King & Spalding on

Every three years, the United States Environmental Protection Agency (EPA) sets national enforcement initiatives to focus its civil and criminal enforcement resources on specific environmental issues. On September 15, 2015,...more

Arizona Supreme Court Affirms ADWR’s Approval of Mining Company’s Request to Sever and Transfer Its Surface Water Rights

by Perkins Coie on

The Arizona Supreme Court, in Arizona Department of Water Resources v. Hon Crane McClennen in and for the county of Maricopa, No. CV-15-0223-SA, reversed a ruling from Judge McClennen of the Superior Court of Maricopa County...more

Brownstein's Annual California Water Rights Compliance Checklist

On behalf of Brownstein’s California Water Group, we are pleased to provide you with our California Water Rights: Compliance Checklist for 2016. This Checklist provides a summary of state water right reporting requirements...more

Virginia Federal Court Holds Groundwater Contamination Triggers Clean Water Act Jurisdiction

by Williams Mullen on

Dominion Virginia Power (Dominion) operates a coal-fired power plant in Chesapeake, Virginia. It maintains permits for its operations, including a Virginia solid waste management permit and a Virginia Pollutant Discharge...more

California State Water Board Will Hold Public Workshop on Draft Emergency Regulation for Measuring and Reporting Water Diversions

by Best Best & Krieger LLP on

The State Water Board issued a draft emergency regulation on Monday for measuring and reporting the diversion and use of water pursuant to Senate Bill 88. The Board also recently announced it will hold a workshop in...more

When Is A Discharge to Groundwater a Discharge to a Water of the United States?

The Clean Water Act regulates discharges of pollutants to waters of the United States. That term is not understood to include groundwater. The Sierra Club was unhappy about alleged discharges to groundwater from coal ash...more

Operating a Well in California May Automatically Put You At Risk for a Prop 65 Lawsuit

by Polsinelli on

California's Proposition 65 is notorious for its duty-to-warn requirement, which states that a business must give a clear and reasonable warning prior to exposing people to certain levels of any listed chemical. The warning...more

DEC Explains New Enforcement Initiative to the New York Oil and Gas Industry

by Hodgson Russ LLP on

On September 30, 2015, the New York State Department of Environmental Conservation (DEC) held a public information session regarding DEC enforcement of regulations relating to Petroleum Bulk Storage (PBS), petroleum spills...more

SRBC Proposes Regulations to Authorize General Permits

by Cozen O'Connor on

The Susquehanna River Basin Commission (SRBC or Commission) issued a notice of proposed rulemaking on September 21, 2015 in which, among other things, the agency seeks to authorize general permits for projects that meet...more

EPA Seeks Comment on National Enforcement Initiatives

by King & Spalding on

On September 15, 2015, EPA solicited public comment on its upcoming cycle of National Enforcement Initiatives (NEI) for fiscal years (FY) 2017-2019. EPA is proposing to adopt three new enforcement initiatives and is...more

California is Flooding with Water…Issues, Lawsuits, Rules and Legislation

by Beveridge & Diamond PC on

We Californians are well aware of the impact of the four-year drought. We have read about town wells drying up like in East Porterville; we have seen the incredibly scary low water marks in lakes and reservoirs; we have heard...more

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