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Allen Matkins

California Environmental Law & Policy Update 9.20.24

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Farmers in southern Tulare County will face greater scrutiny for groundwater pumping after the state placed the region on probation following a lengthy hearing in Sacramento on Tuesday....more

Holland & Knight LLP

EPA Announces $7.5 Billion in Water Infrastructure Loans

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The U.S. Environmental Protection Agency (EPA) on Sept. 6, 2024, announced the availability of $6.5 billion in Water Infrastructure Finance and Innovation Act (WIFIA) funding and $1 billion in State Infrastructure Financing...more

Nossaman LLP

New California Legislation on Water Issues

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The 2024 legislative session ended on August 31, meaning the legislature passed all bills for this year. All of the bills are currently with Governor Newsom. He has until September 30 to sign or veto any bills. Any bills not...more

Miller Starr Regalia

First District Holds CEQA Class 1 Categorical Exemption Applies To Approval of Project Converting Existing Oil Well Into...

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In a published decision filed September 6, 2024, the First District Court of Appeal (Div. 5) reversed the trial court’s judgment granting a writ of mandate and upheld the use of CEQA’s Class 1 categorical exemption (CEQA...more

Burns & Levinson LLP

Wastewater Treatment for Nutrients and the Continuing Saga of Unintended Consequences

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We have written extensively on the recent rollout by EPA and the implications of PFAS requirements for monitoring and treatment by publicly owned water and wastewater (“WWTP”) treatment plants, including those operated as...more

Downey Brand LLP

Ninth Circuit Hands Major Victory to Senior Water Right Holders on the Sacramento River

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On May 23, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Natural Resources Defense Council et al. v. Debra Haaland et al. (Case No. 21-15163) (“NRDC v. Haaland”) rejecting the plaintiffs’ challenges...more

Nossaman LLP

California Water Views - 2024 Outlook

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Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more

Jones Day

EPA Issues the First-Ever National Drinking Water Standard for PFAS

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On April 10, 2024, the U.S. Environmental Protection Agency ("EPA") announced its highly anticipated final National Drinking Water Regulation ("NPDWR") for six per-and polyfluoroalkyl substances ("PFAS"), which establishes...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 4.12.24

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Powerful pumps that supply much of California’s population with water have killed several thousand threatened and endangered fish this year, prompting environmental groups to demand that state and federal agencies take...more

Troutman Pepper

How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

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Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the...more

Nossaman LLP

California Focuses on Water Supply Resiliency in Updated Water Plan

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On April 2, 2024, the California Department of Water Resources (DWR) released the California Water Plan Update 2023 (CWP 2023 Update). DWR’s press release dubs the plan “A Roadmap to Water Management and Infrastructure for a...more

Bennett Jones LLP

Navigating Water Scarcity: Legal Implications and Impact on Alberta's Industries

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The Alberta government has identified, and is taking proactive steps to address, the looming threat of a severe drought this year. As negotiations unfold to secure water-sharing agreements, a cascade of legal and economic...more

Stinson LLP

EPA Publishes Clean Water Act "Worst-Case" Spill Rule

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On March 28, the U.S. Environmental Protection Agency (EPA) published its Final Rule: Clean Water Act Hazardous Substance Facility Response Plans (Final Rule) requiring facilities that handle hazardous substances to create...more

Alston & Bird

Land Use Matters March 2024 – CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - Proposed Citywide Adaptive Reuse Ordinance - In 1999, the city council adopted the Adaptive Reuse Ordinance (ARO) that enabled the conversion of commercial buildings constructed in the downtown area in...more

Downey Brand LLP

Sacramento County Superior Court Rules in Favor of the State Water Board’s Substitute Environmental Document for Phase I of the...

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Introduction - On March 15, 2024, the Sacramento County Superior Court found that the State Water Board’s substitute environmental document did not violate the Porter-Cologne Act, the California Environmental Quality Act...more

Brownstein Hyatt Farber Schreck

Key Takeaways from the Sustainable Water Investment Summit

Set against the context of unprecedented demand for water supply solutions, Brownstein and WestWater Research brought together water industry and finance leaders for the second annual Sustainable Water Investment Summit. The...more

Nossaman LLP

State Water Board Updates the “Make Conservation a California Way of Life” Framework, but are the Changes Enough?

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On March 12, 2024, the State Water Resources Control Board (State Water Board) announced updates to the “Make Conservation a California Way of Life” framework that is based on SB 606 and AB 1668 from 2018. The changes seek to...more

Verrill

MassDEP Proposes Updates to Stormwater Management Standards

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In addition to amending the Wetlands Protection Regulations to add performance standards for the Land Subject to Coastal Storm Flowage wetland resource area, MassDEP wants to update the Massachusetts Stormwater Management...more

Latham & Watkins LLP

California Water Challenges Remain Despite Significant Precipitation in 2023

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State and federal officials move forward plans and policies for water conservation, conveyance, and climate resilience. The winter of 2022-23 brought historic levels of precipitation to California after years of deep...more

K&L Gates LLP

Water Regulation in the Western States: California's 2023 Legislative Proposal Highlights

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An ongoing, historic drought in California has compelled California state legislators to rethink the state’s long-standing treatment of water rights. While the recent heavy snowpack and wet spring and summer have alleviated...more

Nossaman LLP

LAO Issues Report Criticizing the “Make Conservation a California Way of Life” Framework – Are Changes Coming?

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On January 4, 2024, the Legislative Analyst's Office (LAO) issued its statutorily-mandated report – “Assessing Early Implementation of Urban Water Use Efficiency Requirements” – analyzing the implementation of the “Make...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 1.12.24

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Top water officials for the seven Colorado River Basin states met in December 2023 at the Colorado River Water Users Association conference to resume negotiating a new compromise for how they will share — and cut back on —...more

Nossaman LLP

DWR Certifies EIR for Delta Conveyance Project – Advancing Controversial Project and Setting Up Likely Legal Showdown

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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

Nossaman LLP

Toilet-to-Tap or the Future of California Water?

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If there is one truism in California water, it is that there is not enough of it. In part to try to help address that issue, on December 19, 2023, the California State Water Resources Control Board (State Water Board) adopted...more

Nossaman LLP

Resource Optimization and Endangered Species Management

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On December 21, 2023, I published a post on the Center for California Water Resources Policy and Management’s DeltaCurrents blog discussing integration of resource optimization into endangered species policy to improve...more

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