Water

News & Analysis as of

Covering the Waterfront: Comprehensive Water Resources Management

Public Act 14-163 authorizes the Water Planning Council, established by Conn. Gen. Stat. § 22a-33o, to prepare a comprehensive state water plan. The bill follows “water summit” meetings convened by state legislators in...more

Water Supply and Infrastructure Bond

This November, California voters will decide if $7.5 billion will be made available for local water projects. Passed just in time to qualify for the ballot, AB 1471...more

Water Supply and Infrastructure Bond to be Placed on November Ballot

If Passed, Funding Available for Local Water Projects - How public agencies seek funding for water quality and storage projects will be impacted if voters approve the state water bond measure passed by the Legislature...more

SB 1281 (Pavley): Oil & Gas Production; Water Use Reporting

SB-1281 was amended in the Assembly Committee on Appropriations on August 4, 2014. A scheduled hearing on August 6 was postponed and held on suspense under Joint Rule 62(a). As of this writing, a hearing has not yet been...more

U.S. Bureau of Reclamation Releases Updated Operation Plan for Colorado River System Reservoirs

On August 13, 2014, the United States Bureau of Reclamation (Reclamation) released its latest Operation Plan for Colorado River System Reservoirs 24-Month Study. The study projects operations and water releases for major...more

Did Koontz Stop Illegal Development Exactions?

Much was written by law school professors and property rights groups following the U.S. Supreme Court's 5-4 decision in Koontz v. St. John's River Water Management District (2013), which found that land-use permit...more

Fifth Circuit Holds that the Army Corps of Engineers' Jurisdictional Determination Does Not Constitute a Reviewable "Final Agency...

On July 30, 2014, the United States Court of Appeals for the Fifth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) is not a final agency action subject to...more

The United States and Several Western Water Providers Enter into a Historic Agreement to Mitigate the Effects of the Drought...

The Colorado River and its extensive system of reservoirs and aqueducts that range from Wyoming to the Mexican border are being depleted by more than a decade of severe drought. As a result, the water levels in the two...more

California Environmental Law and Policy Update - August 2014 #3

Environmental and Policy Focus - Governor proposes $6 billion water bond for California: Bloomberg - Aug 6: California Governor Jerry Brown has called on lawmakers to put a $6 billion “no-frills” bond measure on the...more

California Environmental Law and Policy Update - August 2014 #2

Environmental and Policy Focus - Appellate court upholds environmental work for high-speed rail via Pacheco Pass: Fresno Bee - Jul 24 -- State appeals justices on Thursday upheld a lower court's approval of an...more

Alaska Department of Natural Resources Seeks Comment on Precedent-Setting Instream Flow Water Right

Instream flow rights can be controversial among consumptive water users because they decrease the legally available supply of water for other uses that may arise in the future. Conversely, instream flow rights are often...more

Federal Court of Appeals Rules that California Water District May Recover Expectancy Damages from the United States

Opinion Reverses Trial Court, and Bureau of Reclamation May Owe Additional Damages for Breach of Water Supply Contract - A recent federal appellate decision may clear the way for water purveyors to collect damages when...more

Water District Shorted by Federal Government May Recover Expectancy Damages

A federal appellate court may have made it possible for water purveyors to collect additional damages from the U.S. Bureau of Reclamation when water deliveries are shortened due to an inexcusable breach of contract. The...more

Ninth Circuit Water Loss Case Provides Guidance on Bad Faith Standard for “Genuine Dispute”

In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the 9th Circuit, relying on California law, upheld a grant of summary judgment dismissing...more

California Environmental Law and Policy Update - August 2014

Environmental and Policy Focus - Richmond approves massive Chevron refinery project with $90 million in community benefits: Contra Costa Times - Jul 30: Chevron's five year-plus quest to initiate a $1 billion upgrade...more

U.S. Fish and Wildlife Service Lists Two Texas Minnows, Acknowledges Impacts to Water Management Likely

On August 4, 2014, the U.S. Fish and Wildlife Service (Service) announced its decision to list two small Texas minnows -- the sharpnose shiner (Notropis oxyrhynchus) and smalleye shiner (N. buccula) -- as endangered under the...more

Water Loss Case Gives Rise to Dispute Over Bad Faith Standard For ‘Genuine Dispute’ and Admissibility of Expert Evidence

In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the Ninth Circuit, relying on California law upheld a grant of summary judgment dismissing...more

EPA Won't Require Formal Rulemaking for WIFIA Program

During the “Use of WIFIA” breakout session at the NCPPP P3 Connect conference this week in Denver, Elizabeth Corr, Associate Division Director for the EPA, confirmed that the agency will not need to complete the formal...more

National Conference for Public-Private Partnerships Concludes P3 Connect Summit

After a re-boot, the National Conference for Public-Private Partnerships (NCPPP) concluded a three day summit July 30 in Denver, Colorado on all things P3. NCPPP’s “P3 Connect” annual meeting held programs addressing...more

The New Bucket List: NOAA’s Top Sites for Increased Nuisance Flooding

"Seawater on the streets.” One immediately knows that, notwithstanding the alliterative allure, something is not right. And when one is in Annapolis, Maryland, and the Alex Haley Scuplture Group is literally reading in the...more

California State Water Resources Control Board Issues Drought Regulations Restricting Certain Water Uses and Ordering Curtailments...

According to the U.S. Drought Monitor, California is experiencing severe to exceptional drought conditions. On January 17, 2014, and again on April 25, 2014, California Governor Edmund G. "Jerry" Brown, Jr. issued...more

Shots Fired: PA Auditor General Releases Oil and Gas Audit

On Tuesday, the Pennsylvania Auditor General’s Office released a report criticizing the Department of Environmental Protection (DEP) for failing to adequately track and respond to public complaints concerning water quality...more

The EPA, H20, and Fracking: An EPA study of drinking water and hydraulic fracturing could have far-reaching implications for...

As many who work in the oil and gas industry are aware, the U.S. Environmental Protection Agency is pressing forward with a multiyear Study of the Potential Impacts of Hydraulic Fracturing on Drinking Water Resources. On...more

Is Selenium the Coal Industry’s Kryptonite? Citizen Groups Obtain Summary Judgment Based on Water Quality Criteria Exceedances

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

New Jersey Creates Energy Resilience Bank to Develop and Harden Energy Assets of Critical Facilities

One of the most important and sobering lessons learned in the wake of Superstorm Sandy was how susceptible New Jersey’s critical facilities, such as water and wastewater treatment centers, transportation centers, emergency...more

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