Water

Summary of FERC Meeting Agenda - May 2013

by Donna M. Attanasio, Daniel A. Hagan, Earle H. O'Donnell | White & Case LLP on 5/16/2013

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s May 16, 2013 meeting, pursuant to the agenda as issued on May 9, 2013. Agenda items E-3, E-13, E-17 have not been summarized as they...more

How Much Water Does Fracking Shale Gas Consume, And Where?

by Charles Sartain | Looper Reed & McGraw, P.C. on 5/16/2013

Jesse Jenkins of the Energy Collective ponders the question. He reports as follows: According to the US Energy Information Administration 27,000 new gas wells were completed in the U.S. in 2011, many of which were...more

Boston Joins the Building Disclosure Bandwagon: Ordinance Will Require Reporting in 2014

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 5/10/2013

On May 8, the Boston City Council approved an ordinance requiring building owners to report annual energy and water use. The final ordinance is slightly different from the one about which we posted in February. Highlights...more

Swimming Safety Tips: Protecting Your Children

by Law Office of Dean Standish Perkins and... on 5/10/2013

Washington State is lucky to have many gorgeous rivers, streams, lakes and a breathtaking coastline. We also have many households with built in pools. With so many opportunities for swimming and other water activities, there...more

Texas Court Allows Defamation Claim Against Landowner to Proceed

by Cassie J. Dallas | BakerHostetler on 4/26/2013

On Monday, Texas’s Second District Court of Appeals partially affirmed a District Court order allowing Range Resources Corporation’s (“Range”) defamation and business disparagement claims against a landowner to...more

D.C. Circuit Holds EPA Can Invalidate a Clean Water Act Section 404 Permit After It Is Issued

by Mary Lynn Coffee, George Mannina, Paul Weiland | Nossaman LLP on 4/26/2013

In a ruling that adds to the complexity of the federal regulatory landscape, the United States Court of Appeals for the District of Columbia held that the Environmental Protection Agency ("EPA") has the authority to...more

Earth Matters - April 2013: New Water Withdrawal Permit Requirements

by Jennifer Dougherty, Morgan Graham | Phillips Lytle LLP on 4/24/2013

Effective April 12, 2013, there are new regulations in New York governing entities that withdraw, or have the capability to withdraw, 100,000 gallons (or more) of water per day....more

Earth Matters - April 2013

by Kimberly Barnashuk, Jennifer Dougherty, Patrick Fitzgerald, Morgan Graham, Kevin Hogan, Susan Marriott, Donald Ross, Adam Walters | Phillips Lytle LLP on 4/19/2013

In This Issue: - Making Solar Power More Affordable for New Yorkers - Fracking Moratorium Leads to Termination of Oil and Gas Leases - New Water Withdrawl Permit Requirements - Update on Federal Trade...more

EPA’s Most Recent Rivers And Streams Assessment Concludes Only 21% Of The Nation’s Rivers And Streams Are In “Good” Biological...

by Ronald Farley | Burr & Forman on 4/12/2013

The U.S. EPA has issued for public comment a draft of its most recent National Rivers and Streams Assessment (NRSA). The Assessment involved sampling over 1,900 points along wadeable waterways in the contiguous 48 States...more

Texas Railroad Commission Amends Fracturing Fluid Recycling Rules to Encourage Water Conservation

by George Skupski | BakerHostetler on 4/5/2013

Under rules adopted by the Texas Railroad Commission (Commission) on March 26, 2013, effective April 15, 2013, Texas hydraulic fracturing operators may recycle fracturing fluids on their own leased or owned land used for...more

Court Of Appeal Finds County Approval Of EIR For Sand And Gravel Mining Project Does Not Violate CEQA

by Jeffrey L. Massey, Daniel J. O'Hanlon, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 4/1/2013

An organization challenged a county’s approval of a final revised environmental impact report for a project that would allow sand and gravel mining in the bed of the Cuyama River. The court of appeal affirmed the trial...more

UPDATE: Court Of Appeal Changes Its Mind On The Issue Of Whether A City Misdescribed A Project’s Objectives

by Jeffrey L. Massey, Eric Robinson, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 4/1/2013

On November 27, 2012, a court of appeal ordered a city to correct the defects in a project description and alternatives discussion in a final environmental impact report (“EIR”) because the court concluded the city had...more

California Environmental Law and Policy Update - March 27, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 3/28/2013

In This Issue: Environmental and Policy Focus - California lawmakers propose bills to halt fracking; Bureau of Reclamation ordered to prepare full environmental impact statement for Central Valley Project water...more

Water and Wastewater Projects: Financing with Tax-Exempt Bonds

by Devin Brennan, Stephen Spitz | Orrick, Herrington & Sutcliffe LLP on 3/27/2013

Introduction - Managers of water and wastewater utilities face complex financial challenges. The purpose of this guidebook is to provide an overview of issues relating to the financing of water and wastewater projects...more

State Water Project Allocation Reduced 5 Percent

by Hanspeter Walter | Kronick, Moskovitz, Tiedemann & Girard on 3/25/2013

The State Water Contractors issued a press release announcing that the California Department of Water Resources (DWR) has reduced this year's expected water allocations from the State Water Project from 40% down to 35% as a...more

In Addition To Natural Gas Providers And Water Providers, Bankruptcy Courts Are Now Allowing Electricity Providers To Claim...

by Elizabeth Aboulafia, Gregory G. Nickson | Cullen and Dykman LLP on 3/21/2013

Recent case law may allow electricity providers to benefit from a payment priority for the value of electricity provided to a bankrupt debtor during the twenty (20) days preceding the date of the debtor’s bankruptcy filing...more

California Releases Yet Another Preliminary Draft BDCP

by Paul Weiland | Nossaman LLP on 3/19/2013

On March 14, 2013, the State of California announced that it has released the first 4 of 12 chapters of the Bay Delta Conservation Plan (BDCP). California plans to release the next three chapters on March 27, and the...more

California Environmental Law and Policy Update - March 15, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 3/18/2013

In This Issue: Environmental and Policy Focus - California considering 25 projects for carbon offset credits; Tactics divide agencies in Chevron probe; Bill proposed to ban lead ammunition in California; Navy offshore...more

New York State Assembly Votes to Extend Hydraulic Fracturing Moratorium

by Scott Bent | BakerHostetler on 3/15/2013

The New York State Assembly voted on March 6 to suspend the issuance of drilling permits for high-volume hydraulic fracturing in the Marcellus and Utica formations until May 15, 2015. The vote came as the state’s de facto...more

Governor Announces Appointments To State Water Resources Control Board

by Hanspeter Walter | Kronick, Moskovitz, Tiedemann & Girard on 3/14/2013

Governor Brown today made the following anouncements with respect to the State Water Resources Control Board: Tam Doduc, 46, of Sacramento, has been appointed to the State Water Resources Control Board, where she has...more

Second District Rejects CEQA Challenge To EIR for Riverbed Sand And Gravel Mining Project, Upholds Santa Barbara County’s...

by Arthur F. Coon | Miller Starr Regalia on 3/12/2013

The Second District Court of Appeal upheld the County of Santa Barbara’s Final Revised Environmental Impact Report for a 30-year conditional use permit (CUP) for the Diamond Rock mine project. Save Cuyama Valley v. County of...more

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