After releasing the final environmental report (EIR) for the Delta Conveyance Project on December 8, the Department of Water Resources (DWR) certified it on December 21, 2023. The certification of the final EIR is a...more
On November 1, 2023, the New Mexico Environment Department’s Ground Water Quality Bureau (NMED-GWB) published its long-awaited proposed regulations for produced water reuse that is “unrelated to the exploration, drilling, and...more
In a March 27, 2023 post found here, we wrote about the Second District Court of Appeal’s (Div. 1) decision concerning the Water Code section 13389 CEQA exemption for Regional Water Quality Control Board (“RWQCB”) issuance of...more
On March 28, 2022, Gov. Gavin Newsom signed Executive Order N-7-22, escalating prior water conservation efforts as the majority of California remains under “extreme drought” conditions. The executive order has significant...more
The State Water Resources Control Board (“Water Board”) is now receiving public comments on certain components of its revised proposed statewide National Pollutant Discharge Elimination System (“NPDES”) Construction...more
On March 29, 2022, California Gov. Gavin Newsom released a signed memorandum of understanding (MOU) that outlines the terms for an 8-year program that would provide additional flows to and create habitat in the Sacramento-San...more
AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more
On February 18, 2021, the First Appellate District issued an opinion in Sweeney et al. v. California Regional Water Quality Control Bd., San Francisco Bay Region et al. (Case No. A153583) (“Sweeney”). The opinion is much...more
California has a State Water Resources Control Board and nine Regional Water Quality Control Boards, which among other things police the ground waters of the State to keep them free of contamination. ...more
On March 20, 2020, the State Water Resources Control Board and nine Regional Water Quality Control Boards issued guidance regarding compliance with requirements during the COVID-19 emergency...more
The State of California recently sent a 60-day notice of intent to sue to the Secretaries of Commerce and the Interior and concurrently filed a lawsuit in the U.S. District Court for the Northern District of California...more
On May 1, 2019, a group of California agencies and municipalities filed a petition for writ of mandate and complaint for mandatory relief challenging the State Wetlands Definition and Procedures for Discharges of Dredge and...more
The Arkansas Department of Environmental Quality (“ADEQ”) announced that the Arkansas Nutrient Water Quality Trading Advisory Panel (“Panel”) will hold a telephone conference at 1:30 p.m. on December 14th. ADEQ states the...more
On March 8, 2017, the State Water Quality Control Board (“SWRCB”) released a draft emergency regulation that would impose new fees on some groundwater extractors. Written comments are due by Friday, April 7, 2017. The...more
Environmental and Policy Focus - Lawmakers and Governor Brown claim major victory on climate change bills - Sacramento Bee - Aug 24 - California lawmakers on Wednesday advanced a pair of bills to sustain the...more
Environmental and Policy Focus - State Water Contractors accuse California farmers of illegally taking river water: KPCC - Jun 16: The State Water Contractors, an association of 27 public agencies that purchase water...more
On August 13, 2014, the San Diego Regional Water Quality Control Board approved a two-part settlement with the City of San Diego for violations of the City's Municipal Separate Storm Sewer System ("MS4") permits. Most of the...more
Last week, the Ohio Valley Environmental Coalition and other NGOs obtained summary judgment that Alex Energy had violated both its NPDES permit and its Surface Mining Permits due to exceedances of the West Virginia water...more
There were two court decisions this week regarding regulation of Maine rivers, one from the Maine Supreme Judicial Court, Watts v. BEP, and one federal, Friends of Merrymeeting Bay v. Hydro Kennebec, LLC. ...more
Environmental and Policy Focus - California drought: plan would reverse aqueduct flow to send water back to farms: San Jose Mercury News - May 8: Water has flowed from Northern California's snow-capped peaks to the...more
Most of the media has been consumed with talk of a proposed severance tax on oil and gas production, but meanwhile in Sacramento another tax on oil and gas production is being poised to take effect -- funding requests to...more
On January 16, 2014, Gov. Christie signed legislation (A-4531) that provides additional time for county planning agencies to submit regional water quality management (WQM) plans to the New Jersey Department of Environmental...more
The regulatory action (i) updates current remediation levels and sampling and analysis methods; (ii) improves reporting and notification requirements; (iii) clarifies eligibility, application, registration fee, and...more