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
The California 2023 Legislative Session ended on September 14, 2023, and presented the Governor with several important changes to California’s water-related statutes. The Governor had until October 14, 2023, to sign all...more
On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more
The 2022 Oregon Legislative Session closed on March 4 and with adjournment came a host of new laws applicable to the cannabis industry. We reviewed two of the most high profile pieces of legislation, HB 4016 (marijuana...more
On January 7, 2022, more than a decade after the claim was first filed, the B.C. Supreme Court (BCSC) released its decision in Thomas and Saik'uz First Nation v Rio Tinto Alcan Inc. The decision considers the Saik'uz First...more
In a published opinion filed December 15, 2021, the First District Court of Appeal (Div. 5) affirmed a trial court’s judgment entered after sustaining a demurrer to a writ petition in a CEQA action without leave to amend. ...more
In Stop Syar Expansion v. County of Napa (2021) 63 Cal.App.5th 444, the First District Court of Appeal upheld Napa County’s Environmental Impact Report (EIR) for the expansion of Syar Industries, Inc.’s aggregate mining...more
For decades, Florida blamed declining oyster harvests on the State of Georgia. And, for decades, Florida’s elected officials convinced the public they were not at fault. These theories were rejected, in total, by the United...more
K&L Gates environmental partner Alyssa Moir discusses with co-host David Wochner issues associated with water resources and the development of hydrogen at scale, specifically addressing U.S. legal regimes governing water use...more
On 1 April, the U.S. Supreme Court (the Court) put to rest the long-simmering dispute between Florida and Georgia over Georgia’s use of water from the Apalachicola-Chattahoochee-Flint River Basin (the Basin) that Florida...more
In an April 1, 2021 ruling, the U.S. Supreme Court overruled Florida’s exceptions to the decision of Special Master Judge Paul Kelly in its long-running dispute with Georgia over the use of water in the...more
On April 1, 2021 the U.S. Supreme Court decided Florida v. Georgia, holding that Florida failed to prove by clear and convincing evidence that Georgia’s overconsumption of interstate waters injured it, and so Florida was not...more
In November 2019, the Massachusetts Cannabis Control Commission (CCC) released new regulations dictating that Marijuana Cultivators engaged in indoor cultivation must include a report of their energy and water usage over the...more
The continued efforts of federal, state, and local governments to legalize cannabis, both in medical and recreational uses, leaves many potential impacts, including environmental law and regulatory issues in the...more
The Arkansas Natural Resource Commission (“ANRC”) is considering designation of Monroe County, Arkansas, as a critical groundwater area (“CGWA”). ANRC states that Monroe County would be added to the Cache Critical...more
The United States Energy Information Administration (“EIA”) issued a November 9th report (“Report”) addressing water withdrawals by United States power plants. The Report concludes that water withdrawals by United States...more
Local agencies that provide water service may impose fees to recover the costs of providing water services. Unlike taxes, which require voter approval prior to adoption, water fees are approved by a local agency’s legislative...more
There will be new restrictions on residential water service discontinuation when customers are delinquent in paying their water bills under Senate Bill 998, signed last week by California Gov. Jerry Brown. The legislation...more
By the middle of June, Governor Kate Brown had already issued drought declarations for several counties—Baker, Douglas, Grant, Harney, Klamath, and Lake. By the 10th of July, according to the U.S. Drought Monitor, almost the...more
All three branches of the federal government had a busy spring. The U.S. Supreme Court just completed its 2017 term in June with a full-strength bench after spending much of the previous term with only eight justices after...more
On Thursday, May 17th, the California Legislature took a big step forward on the path towards making conservation a California way of life by passing two key bills – Senate Bill 606 and Assembly Bill 1668 – that, together,...more
Assembly Bill (“AB”) 589, effective until January 1, 2023, provides an alternative method to comply with the water use reporting and monitoring requirements of Senate Bill 88. Instead of having to consult with a professional...more
October 2, 2017, EnergyWire (subscription required) reported that New York City Mayor Bill de Blasio has unveiled a plan to cap fossil fuel use in buildings in New York City. (I haven’t seen the specific plan, but it is...more
Some estimates indicate that up to 70% of marijuana used in the United States comes from California. With the recent passage of Proposition 64, California cannabis production is likely to increase, and the state’s...more
In an effort to encourage water conservation throughout California, Gov. Jerry Brown recently signed a bill into law that will require the owner of any multi-unit residential development constructed after Jan. 1, 2018 to...more