Water

News & Analysis as of

High Court Denies Petition by Parties with Reclamation Contracts Seeking to Avoid ESA Consultation

On November 17, the U.S. Supreme Court denied the petition for writ of certiorari filed by Glenn Colusa Irrigation District and others seeking to overturn a decision by the United States Court of Appeals for the Ninth Circuit...more

California Environmental Law and Policy Update - November 2014

Environmental and Policy Focus - Coastal California residents using far less water: Associated Press - Nov 4: Residents in coastal communities use far less water than their inland counterparts, but still find ways to...more

Oil and Water: Proposed Redefinition of Waters of the U.S. Has Significant Implications for Domestic Operations

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACOE) have announced a new Nov. 14, 2014, deadline to submit comments to its much-debated redefinition of the term, “Waters of the United...more

Numerous Parties Line Up in Support of Petition in Delta Smelt Case

As we reported here, on October 6, 2014, a number of public water agencies and other entities that represent agricultural and municipal water users in California filed a petition for writ of certiorari with the U.S. Supreme...more

Florida's Amendment 1: Water and Land Conservation Funding Passed by Voters - The 20-Year Program Will Generate Almost $20 Billion...

Florida's Water and Land Conservation Initiative that dedicates billions of dollars to conservation over the next 20 years was ratified by the voters by a wide margin. Voters in all parts of the state and across the political...more

EPA Presents WIFIA Listening Sessions in Los Angeles

The Environmental Protection Agency (EPA) is currently holding a roadshow of listening sessions across the US to provide information on the Water Infrastructure Finance and Innovation Act (WIFIA) and its proposed five-year...more

Water Bond Passes Easily – But Real Work Begins Now for Public Agencies

Gov. Jerry Brown stood outside the governor’s mansion Tuesday night before cameras and supporters to accept his easily-won victory in capturing a fourth term. But it wasn’t that personal, unprecedented triumph he wanted to...more

New Water Infrastructure Legislation Deadline for Submissions Is Dec. 3 - Innovative Projects and Creative Financing Are Favored...

The Water Resources Reform and Development Act of 2014 (WRRDA) is a major update and reformation of prior water infrastructure legislation at the federal level. Under WRRDA, developments such as port facilities, water supply,...more

EPA Further Delays Hydraulic Fracturing Study as Controversy Builds

EPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on...more

Water Bond Would Authorize $7.5 Billion for California Water Supply Infrastructure Projects

When California voters cast their votes on November 4, 2014 they will decide the fate of a $7.5 billion water bond proposal – Proposition 1 – which would authorize $7.12 billion in new general obligation bonds and reallocate...more

Voters to Decide Whether to Make $7.5 Billion Available for Water Projects

In one week, California voters will determine whether to pass Proposition 1, which would approve the Water, Quality, Supply and Infrastructure Improvement Act of 2014 and make $7.5 billion available for water quality, supply...more

California Enacts Comprehensive Groundwater Management Legislation

On September 16, 2014, California Governor Jerry Brown signed into law a historic package of three bills—Senate Bill 1168, Senate Bill 1319 and Assembly Bill 1739—instituting comprehensive groundwater management in...more

B.C. Supreme Court Upholds Recurring Short-Term Water Use Approvals

The B.C. Supreme Court has recently clarified the interpretation of section 8 of the B.C. Water Act. Section 8 relates to the power of the B.C. Oil and Gas Commission (OGC) to grant approvals to oil and gas companies for the...more

California Environmental Law and Policy Update - October 2014 #2

Environmental and Policy Focus - Obama to designate portion of San Gabriel Mountains a national monument: Los Angeles Times - Oct 8: President Obama plans to announce Friday that he will set aside roughly half of the...more

Oil & Gas Law Alert: SB 4 Well Stimulation Treatment Regulations - Second Revised Text of Proposed Regulations

On Thursday, October 9, 2014, the California Department of Conservation ("Department") issued public notice of the Second Revised Proposed Regulations for SB 4 Well Stimulation Treatment Regulations ("Second Revised...more

Proposition 65 Warning Requirement for DINP Set to Take Effect in December

Beginning December 20, 2014, companies with ten or more employees that manufacture, distribute or sell products in California containing Diisononyl phthalate (DINP) will be required to provide “clear and reasonable” warnings...more

PADEP Proposes Tough New Policy for Enforcing Oil and Gas Violations and Responding to Water Contamination Complaints

On October 3, 2014, the Pennsylvania Department of Environmental Protection (“PADEP”) unveiled a new draft policy that would strengthen its compliance and enforcement protocols for both unconventional and conventional oil and...more

Cities May Provide Recycled Water Service Within the Service Area of Private Water Companies

Assembly Bill 2443, signed Monday by Gov. Jerry Brown, amends California’s Water Service Duplication Statute to allow for political subdivisions, such as municipalities or county water districts, to provide recycled water...more

A Brave New World of Water Regulation

A brave new world of water regulation - Since the state of California was born, the right to extract and use groundwater has been virtually unregulated — the law has provided few tools to limit or manage how...more

House Passes Bill to Prevent EPA Overreach

The U.S. House of Representatives recently passed legislation prohibiting the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) from developing, finalizing, adopting, implementing, applying,...more

Bridging Troubled Water: Yes or No on California Prop 1?

Fall is here. Most of us can't tell, given the soaring temperatures outside. A better thermometer might be the onslaught of political commercials we're now seeing on television. To prepare for the elections in...more

Governor Signs New Laws Amending California's Urban Water Management Planning Act

July 1, 2016 Set as Deadline for Preparing New Plans - Under new amendments to California’s Urban Water Management Planning Act, urban water suppliers will be required to provide narrative descriptions of their water...more

ECOS Releases “Waters of the U.S.” Paper

On September 15, the Environmental Council of the States (ECOS) released a paper produced by the American College of Environmental Lawyers (ACOEL) on the new “waters of the U.S.” rules proposed by EPA and the Army Corps of...more

Ohio EPA Voluntary Action Program Update

Many of our Ohio based automotive suppliers with retained environmental liability are performing soil and groundwater cleanups using the Ohio Voluntary Action Program (VAP). My colleagues and I thought it would be timely to...more

California Acts to Manage Statewide Groundwater Issues

Faced with record drought and depleted groundwater supplies statewide, the California Legislature has enacted, and Governor Brown on September 16 signed, new legislation designed to move statewide groundwater management...more

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