News & Analysis as of

Water

Fixing Finances: The Department of Water Resources Seeks Validation of Bonds to Fund the California WaterFix Project

by Nossaman LLP on

The California Department of Water Resources (“DWR”) filed a validation action on July 21, 2017, in the Sacramento County Superior Court, seeking to confirm the validity of bonds it has authorized to finance the planning and...more

DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit

by Downey Brand LLP on

On July 21, 2017, the California Department of Water Resources (“DWR”) certified the final environmental document and issued its Notice of Determination for the California WaterFix, a significant new water infrastructure...more

California Proposes New Permitting Procedures for Impacts to Wetlands and Waters of the State

On July 21, 2017, the California State Water Resources Control Board (State Board) published its latest proposal for new permitting procedures that would apply to waters of the State, including wetlands. The proposal – which...more

WaterFix EIR Certification and NOD Client Alert

by Downey Brand LLP on

On Friday, July 21, 2017, the California Department of Water Resources (“DWR”) certified the Environmental Impact Report for the California WaterFix tunnels project and filed a Notice of Determination with the Governor’s...more

California Environmental Law and Policy Update - July 2017 #2

by Allen Matkins on

Environmental and Policy Focus - California Legislature’s vote on cap-and-trade program extension delayed - Los Angeles Times - Jul 13 - Governor Jerry Brown and legislative leaders introduced a proposal Monday...more

Specific Agricultural Interests Added to SGMA

by Best Best & Krieger LLP on

Farmers, ranchers and dairy professionals are now identified as being among the beneficial uses and users of groundwater whose interests must be considered under the Sustainable Groundwater Management Act. This is the result...more

House Passes California Water Bill

by Best Best & Krieger LLP on

Yesterday, the U.S. House of Representatives passed Rep. David Valadao’s (R-CA) Gaining Responsibility on Water Act. The legislation is co-sponsored by 14 members of the California Delegation, primarily Republicans. The...more

Water Infrastructure: The Current State of Funding and Considerations for Private Investors

by Sullivan & Worcester on

Almost a decade ago, EPA estimated the needed investment in our domestic water and wastewater infrastructure at approximately $105 billion; today it is estimated at over $600 billion. There is no indication thus far that the...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

Limited Time Remaining To Help Shape Maryland's Nutrient Trading Program

by Ballard Spahr LLP on

There are only a few weeks left for the public to comment on the Maryland Department of the Environment’s (MDE) recently issued draft regulations establishing Maryland’s Water Quality Nutrient and Sediment Trading and Offset...more

[Webinar] The Murky World of Water Policy Made Clear - June 21st, 10:00am PT

by Nossaman LLP on

Join Nossaman attorneys and policy advisors for a timely discussion of proposed water efficiency laws that are changing the landscape of water resource management. This webinar for CLE credit* will update you on the...more

2017 Vermont Legislative Session | The Year in Review - DRM's Government & Public Affairs Team Final Analysis

by Downs Rachlin Martin PLLC on

A May 18th adjournment brought to a close the first half of the 74th biennial session of the Vermont General Assembly. Drama awaits as Gov. Phil Scott has threatened to veto H.518, the fiscal year 2018 budget, over an...more

State Water Board Adopts Groundwater Extraction Fees For SGMA Intervention - Fee Imposition Will Begin This Summer

by Best Best & Krieger LLP on

The State Water Resources Control Board adopted a new fee schedule that will be applied to groundwater pumpers in basins where compliance with the Sustainable Groundwater Management Act comes up short. ...more

Trillion Dollar Infrastructure Investment Watch: “Parameters,” But Not Full Plan to be Released this Month

by Best Best & Krieger LLP on

Despite bi-partisan agreement on the urgency to invest in the nation’s infrastructure to meet fast growing demands on our roads, railroads and waterways, there has yet to materialize a bi-partisan framework for funding and...more

Buy American Legislation in the 115th Congress

by King & Spalding on

On April 18, 2017, President Trump unveiled his Administration’s Buy American and Hire American policy, signing an executive order aimed, in part, at targeting “the abusive use of waivers and exceptions that undermine ‘Buy...more

California Environmental Law & Policy Update - May 2017 #3

by Allen Matkins on

Environmental and Policy Focus - California cracks down on last beachfront sand mining operation in U.S. - San Jose Mercury News - May 16 - On Tuesday, the California State Lands Commission issued a demand to the...more

Sustainable Development Update - May 2017 #3

by Allen Matkins on

Sustainable Development Focus - Evidence of a decline in electricity use by U.S. households - Haas Energy Institute - May 8 - Between 1950 and 2010, U.S. residential electricity consumption per capita increased...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

Preparations Underway to Regulate 1,2,3-TCP in California’s Drinking Water - State Water Resources Control Board Held Public...

by Best Best & Krieger LLP on

In preparation for California adopting a maximum contaminant level for 1,2,3-trichloropropane in drinking water, the State Water Resources Control Board staff discussed potential reporting requirements and changes to...more

EPA's WIFIA Program to Provide Credit Assistance for Water Infrastructure Projects - Construction Executive

With the Trump administration in full gear, hopes are high the new president and Congress will enact legislation supporting and expanding investment in U.S. infrastructure. While the two political parties may disagree on the...more

California Environmental Law & Policy Update - April 2017 #2

by Allen Matkins on

Environmental and Policy Focus - D.C. Circuit grants EPA’s request to delay 2015 smog rule case - Washington Post - Apr 11 - The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday granted a...more

School Districts not Exempt from Paying Assessments to Fund Flood Control Services - California Appellate Court Finds...

by Best Best & Krieger LLP on

An assessment to fund flood control and drainage services imposed by a county reclamation district on a school district was upheld Friday by a California appellate court. The court found that the trial court erred in...more

California Environmental Law & Policy Update - April 2017

by Allen Matkins on

Environmental and Policy Focus - Appeals court upholds California’s cap-and-trade system - Sacramento Bee - Apr 6 - A state appeals court handed a major victory to California’s signature climate-change program on...more

Oil and Gas Update for 3/31/2017 – Commonwealth Court Addresses Stripper Wells and Impact Fees, Federal Judge Tosses $4.2 Million...

by Cozen O'Connor on

The Henry Hub inched past $3/MMBtu since our last report alongside another increase in the national rig count and a tiny uptick in oil prices. In Appalachia, the Commonwealth Court issued a decision on whether and when...more

Public Trust Doctrine & Water Rights - The Walker Case: Does the Public Trust Doctrine Apply to Water Rights Established in...

by Best Best & Krieger LLP on

A case currently pending in the Ninth Circuit raises a significant and novel issue of western water law. The case addresses whether the public trust doctrine can authorize modification of a water rights decree and...more

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