News & Analysis as of

Current Water Utility CCN Decertification Issues At The Public Utility Commission Of Texas

The responsibility for the regulation of water and sewer service, including the oversight of certificates of public convenience and necessity (“CCNs”), was recently transferred from the Texas Commission on Environmental...more

California Water Board Lifts Curtailment of Senior Water Rights in Sacramento-San Joaquin Delta

The State Water Resources Control Board on Tuesday issued a notice lifting water diversion restrictions for the holders of all senior water rights in the Sacramento-San Joaquin watersheds and Delta. The Board issued the...more

California Water Commission Adopts Regulations For Changing Groundwater Basin Boundaries

On October 21, 2015, the California Water Commission (“CWC”) adopted emergency regulations formulated by the Department of Water Resources (“DWR”) that establish a process by which local agencies may seek groundwater basin...more

Renewable Energy Update - October 2015 #4

Environmental and Policy Focus - Governor Brown authorizes streamlined groundwater: Allen Matkins - Oct 13: On Friday, October 9, 2015, Governor Brown signed a suite of bills that has the potential to significantly...more

Governor Signs Amendments to SGMA, with Provisions for Water Utilities Regulated by CPUC

In the last two months, Governor Brown has signed several bills into law, amending the 2014 Sustainable Groundwater Management Act (SGMA or the Act). Two bills, Assembly Bill 1390 and Senate Bill 226, addressed the specifics...more

Key Takeaways From the Associated Industries of Florida Water Forum

Last week I was honored to serve as lead moderator at the 2015 Associated Industries of Florida (AIF) Water Forum held in Orlando, Florida. As moderator, I led dynamic conversations on a wide range of water-related issues,...more

California Water Legislation Scorecard

Water was of such concern to the California Legislature that it led the roster of all bills introduced in 2015. Signed into law by Gov. Jerry Brown, Assembly Bill 1 prohibits local governments, during times of drought, from...more

SRBC Proposes Regulations to Authorize General Permits

The Susquehanna River Basin Commission (SRBC or Commission) issued a notice of proposed rulemaking on September 21, 2015 in which, among other things, the agency seeks to authorize general permits for projects that meet...more

A Busy Summer for Environmental and Land Use Law

In the past three months, we have witnessed a breathtaking series of decisions from the U.S. Supreme Court, the Connecticut Supreme Court, and the California Supreme Court that have provided important rulings and...more

NIST Guide Highlights Cybersecurity Considerations for Utilities and Manufacturing Companies

In 2013 alone, the U.S. Department of Homeland Security (DHS) and its Industrial Control Systems Cyber Emergency Response Team (ICS-CERT) responded to more than 256 cyber-incident reports—more than half of them in the energy...more

Germany rolls out IT Security Act

Germany's controversial IT Security Act (ITSG) came into effect on July 25, 2015.[1] The new act seeks to increase protections for German citizens, companies and government institutions that may be vulnerable to a range of IT...more

California Drought Prompts Bout Among Regulators and Farmers

As the drought drags on and lawns grow brown across California, a battle is raging over the scope of the State Water Resources Control Board’s authority to restrict the diversion of water from rivers, lakes and...more

Supplement — Curtin’s California Land Use

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

Proposed Policies for Implementing B.C.’s New Water Sustainability Act Available for Comment

On July 30, 2015, the British Columbia government released four discussion papers for public comment outlining proposed new policies for regulations under the Water Sustainability Act. These papers are important as much of...more

West Virginia Federal Court Finds Personal Jurisdiction Over Out-of-State Parent Company in Elk River Spill

In a ruling that could broaden parent company exposure to suit in West Virginia, the Southern District of West Virginia found that it had personal jurisdiction over the out-of-state parent company of an in-state water company...more

The New Age of Water Regulation—Who Will Float to the Top?

Water is on everyone’s minds, from the Central Valley farmer to the suburban gardener, from the Kern County oil driller to the Central Coast retiree. We’ve reached the inevitable point where there just isn’t enough to go...more

The Problem With Using Economic Incentives to Reduce Water Use? People

Earlier this month, I noted that demand side management policies need to take human behavior into account if they are going to be successful. The same is apparently true for policies to reduce water consumption in...more

Water Conservation Pays off in California

Cities and communities throughout California logged impressive water savings during the month of June, according to the State Water Resources Control Board. Figures released Thursday show the use of urban potable water in...more

2015 Summary of Key Maine Environmental Legislation

The Pierce Atwood Environmental and Land Use Practice Group is pleased to provide the 2015 Summary of Key Maine Environmental Legislation enacted or carried over in the First Regular Session of Maine's 127th Legislature...more

Proposed Rule from US Department of the Interior Increases Pressure on Coal Mining Industry

On July 27, 2015, the US Department of the Interior, through its Office of Surface Mining Reclamation and Enforcement (OSMRE), proposed to revise regulations adopted under the Surface Mining Control and Reclamation Act of...more

California Supreme Court Denies Requests to Depublish San Juan Capistrano Case

Action Means the Closely Watched Tiered Water Rate Case Is Final - The California Supreme Court on Wednesday denied requests to depublish the appellate court opinion in Capistrano Taxpayers Association v. City of San...more

Fate of Injection Wells in Historically Exempt Aquifers Comes Closer to Determination

A lawsuit seeking an immediate halt to oil and gas wastewater injection at 2,500 wells across California took a positive turn for energy producers last week as Superior Court Judge George C. Hernandez denied plaintiffs’...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. General Effective Date Clarification - Around 6 pm on Thursday, July 16, the First Regular...more

California State Water Board Flexes Its Enforcement Muscle With Water Diverters

The fact that California is suffering its fourth year of drought conditions is not a new story — how the State should address this water shortage is the subject of much debate. The California State Water Resources Control...more

State of Tennessee Sues EPA and the Corps of Engineers on Waters of the United States Final Rule

Today, the State of Tennessee joined in one of the many lawsuits filed by States challenging the EPA and Corps of Engineers Final Rule that defines of Waters of the United States under the federal Clean Water Act. See...more

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