Water

News & Analysis as of

Natural Process of Osmosis Has Potential to Generate Electricity

Research published earlier this month in the journal Nature and highlighted in Newsweek explains how substantial amounts of power can be generated when fresh water river mouths flow into bodies of sea water. This natural...more

Sustainable Development Update - July 2016 #3

Sustainable Development Focus - Net-zero energy Brock Environmental Center in Virginia turns rainwater into drinking water - Inhabitat - Jul 14 - A new building in Virginia Beach is raising the bar for...more

California Environmental Law & Policy Update - July 2016 #2

Environmental and Policy Focus - Air Resources Board releases plan to extend cap-and-trade system to 2050 - Scientific American - Jul 13 - The California Air Resources Board (“ARB”) this Tuesday released a...more

Water Industry Deals and News

The latest edition of the OMM Water Report includes select O’Melveny transactions and other items of interest that occurred during May and June 2016. Please see full report below for more information....more

Murky Waters Following the Gold King Mine Spill

In the wake of actions taken on August 5, 2015 by contractors for the United States Environmental Protection Agency (EPA) that resulted in the Gold King Mine Spill, western states that rely on water from the Animas River, the...more

Timely Response to U.S. Army Corps of Engineers Notice Critical for Stakeholders Interested in Securing Congressional...

Stakeholders with an interest in securing potential Congressional authorization for water resources development projects in future Water Resources Development Act (“WRDA”) legislation should pay close attention to a notice...more

As Lake Mead Dwindles, Arizona and Other Colorado River Basin States Continue to Plan for a Drier Future

It has become a familiar refrain. For each of the past three years, the United States Bureau of Reclamation, which operates the major reservoirs on the Colorado River, has announced a new “record low” water elevation in Lake...more

Massachusetts Seeks Delegation of Clean Water Act Permitting Program

Massachusetts is known for its comprehensive and innovative environmental laws and regulations. One exception has been the administration of the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES)...more

California Environmental Law & Policy Update - June 2016

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

California Environmental Law & Policy Update - May 2016 #3

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

Senate Hears Testimony on Senator Feinstein’s Emergency Drought Relief Bill

On May, 17, 2016, the U.S. Senate Committee on Energy and Natural Resources’ Subcommittee on Water and Energy held hearings on a number of pending bills, including S. 2533, sponsored by Senator Diane Feinstein (D-CA). The...more

California Environmental Law & Policy Update - May 2016 #2

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

Pennsylvania’s New Law for Valuing Acquired Municipal/Authority Water and Wastewater Systems

On Thursday, April 14, 2016, Pennsylvania Governor Tom Wolf signed Act 12 of 2016 (Act 12) into law. Among other things, Act 12 revises Chapter 13 of the Pennsylvania Public Utility Code (the Code) to provide a framework for...more

Significant Water Legislation Moving in the Senate

The largest overhaul to the nation’s aging water infrastructure in decades is making progress in the Senate. On April 28, 2016, the Senate Environment and Public Works Committee approved a $9 billion update to the Water...more

Something in the Water: Flint Judge Disqualifies Himself and Staff as Theoretical Plaintiffs

In late April, U.S. District Court Judge Mark A. Goldsmith, in Concerned Pastors for Social Action, et al. v. Nick A. Kouri, et al., FlintRiverissued an interesting Order Regarding Disqualification. During an April 6, 2016...more

California Environmental Law & Policy Update - April 2016 #4

Environmental and Policy Focus - Three Michigan state and local officials face first criminal charges in Flint water crisis - The Guardian - Apr 20 - Three state and local officials involved in Flint’s water...more

California Environmental Law & Policy Update - April 2016 #2

Environmental and Policy Focus - Federal and state officials sign Klamath River dam removal deal - San Jose Mercury News - Apr 7 - The governors of California and Oregon and several other state, federal, power,...more

Health Care Congressional Outlook for the Spring Word Period

The next work period basically runs from April 4 to May 27, with both chambers adjourning for a week long recess the week of May 2. Following this work period, there will be five weeks left on the legislative calendar before...more

California Environmental Law & Policy Update - March 2016 #3

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

Water Public-Private Partnership Bill Advances

On March 16, the state legislature’s Joint Committee on State Administration and Regulatory Oversight issued a favorable report of legislation that would authorize municipalities to use public-private partnership (P3)...more

U.S. Court of Appeals Issues Split WOTUS Ruling

On February 22, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit (Cincinnati) issued a split 2-1 decision, ruling that it has jurisdiction to proceed with challenges to the Obama administration's "Waters...more

Il Nuovo Codice degli Appalti e delle Concessioni

Varato il decreto legislativo che riforma la materia in attuazione delle direttive UE 23, 24 e 25 del 2014 - Il 3 marzo scorso, il Consiglio dei Ministri ha approvato in esame preliminare il decreto legislativo di...more

Energy Sector Alert Series: Hot Topics in California

Important energy issues continue to arise at the intersection of law and policy in California. Here are eight hot topics that require the attention of entities with interests in California's energy sector....more

California Environmental Law & Policy Update - March 2016

Environmental and Policy Focus - Community and environmental groups sue South Coast Air District over rules adoption - Los Angeles Times - Mar 9 - Community groups and environmentalists filed suit this week...more

The EPA Reveals National Enforcement Initiatives Ahead of 2016 Election

If you thought you had to wait until after the 2016 election to learn about the Environmental Protection Agency’s (EPA) next iteration of National Enforcement Initiatives—think again. The EPA has announced that, as of Oct. 1,...more

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