News & Analysis as of

Water Environmental Impact Report (EIR)

Perkins Coie

EIR for State Water Project Contract Amendments Upheld

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The Third District Court of Appeal upheld the Department of Water Resources’ EIR concerning State Water Project contract amendments against multiple CEQA challenges related to impact analysis, project descriptions, and...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

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

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

Alston & Bird

Land Use Matters December 2023 - CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - The Processes and Procedures Ordinance Becomes Operative January 22, 2024 - The city council adopted the Processes and Procedures Ordinance amending the Los Angeles Municipal Code (LAMC) to...more

Downey Brand LLP

Supreme Court Denies Review of California Appeals Court Ruling that State Water Board’s Duty to Prevent Waste and Unreasonable Use...

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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

Perkins Coie

EIR for Relicensing of Oroville Dam Adequately Evaluated Environmental Impacts

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An environmental impact report need not discuss impacts that are too speculative in nature for proper evaluation or assess economic costs not linked to a physical change in the environment. County of Butte v. Dept. of Water...more

Miller Starr Regalia

Second District “Waters Down” Los Angeles Waterkeeper Waste Discharge Permit CEQA Exemption Opinion After Rehearing At Request Of...

Miller Starr Regalia on

In a March 27, 2023 post found here, we wrote about the Second District Court of Appeal’s (Div. 1) decision concerning the Water Code section 13389 CEQA exemption for Regional Water Quality Control Board (“RWQCB”) issuance of...more

Alston & Bird

Land Use Matters October 2022 – CEQA Appellate Decisions & Other Legal Developments

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County and City of Los Angeles - Los Angeles City and County Ordinances to Ban Oil and Gas Drilling - There are 26 oil and gas fields and more than 5,000 oil and gas wells (active and idle) across the City of Los Angeles. On...more

Perkins Coie

CEQA Review Not Required for Water Allocations That Were Part of Earlier Project

Perkins Coie on

A CEQA challenge to water allocations by the City of Los Angeles and its Department of Water and Power were barred by the statute of limitations because the allocations were under leases approved years earlier. County of Mono...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - August 5, 2022

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The California Supreme Court issued the following decisions: County of Butte v. Department of Water Resources, et al., No. S258574: California’s Department of Water Resources (DWR) operates the “Oroville Facilities,” an...more

Nossaman LLP

Draft EIR Released for Delta Conveyance Project

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A key priority of the Newsom Administration – the Delta Conveyance Project – has officially entered its next chapter. On July 22, the Department of Water Resources (DWR) released its draft environmental impact report (Draft...more

Perkins Coie

Court Upholds EIR for Kern River Diversion and Storage Project

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A California Court of Appeal held that the EIR for a public water authority’s river diversion and water storage project adequately described the unadjudicated waters to be diverted and adequately analyzed impacts to water...more

Perkins Coie

EIR for Water Ditch to Pipeline Conversion Adequately Described Project and Analyzed Impacts to Resources

Perkins Coie on

The EIR for a water ditch to underground pipeline conversion project withstood challenges to the project description and impacts analysis. The Third Appellate District held that the project description sufficiently disclosed...more

Miller Starr Regalia

Can a Responsible Agency Get A Second Bite At The CEQA Apple? First District Says “Sometimes, Yes,” Upholds Regional Water Board’s...

Miller Starr Regalia on

In a published opinion filed December 29, 2020, the First District Court of Appeal affirmed a judgment denying a petition for writ of mandate filed by the Santa Clara Valley Water District (District) challenging waste...more

Nossaman LLP

California Files Challenge to Federal Decisions Governing Operation of California Water Projects

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The State of California recently sent a 60-day notice of intent to sue to the Secretaries of Commerce and the Interior and concurrently filed a lawsuit in the U.S. District Court for the Northern District of California...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Central North Dakota Water Supply Project: Missouri Files Federal District Court Action Alleging Administrative Procedure...

The Missouri Attorney General and Missouri Department of Natural Resources (collectively, “Missouri”) filed a Complaint in the United States District Court for the Western District of Missouri on February 5th against: -...more

Holland & Knight LLP

Open-Loop Scrubber Proponents, Led by CSA 2020, Continue to Dominate the News Narrative for the Time Being

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For background information regarding open-loop scrubber environmental studies by the Japanese Ministry of Land, Infrastructure, Transportaiton and Tourism (MLIT) and the classification society Det Norske Veritas Germanischer...more

Best Best & Krieger LLP

[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018

This BB&K webinar provides a brief review of the latest developments in CEQA compliance. This webinar addresses both new CEQA statutory and regulatory requirements, and also discusses recent case law interpretations affecting...more

Downey Brand LLP

DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit

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On July 21, 2017, the California Department of Water Resources (“DWR”) certified the final environmental document and issued its Notice of Determination for the California WaterFix, a significant new water infrastructure...more

Downey Brand LLP

WaterFix EIR Certification and NOD Client Alert

Downey Brand LLP on

On Friday, July 21, 2017, the California Department of Water Resources (“DWR”) certified the Environmental Impact Report for the California WaterFix tunnels project and filed a Notice of Determination with the Governor’s...more

Best Best & Krieger LLP

Sweeping Six-Case Win For Water District Helps Secure Orange County's Water Supply

In early May, the Fourth District Court of Appeal took an important step toward helping to secure Orange County’s water supply. It issued several opinions in response to challenges to a proposed public-private partnership...more

Allen Matkins

California Environmental Law & Policy Update - August 2016 #3

Allen Matkins on

Environmental and Policy Focus - Most California water agencies choose zero as conservation target San Jose Mercury News - Aug 17 - Governor Jerry Brown's administration two months ago dropped all mandatory water...more

Allen Matkins

California Environmental Law & Policy Update - March 2016 #3

Allen Matkins on

Environmental and Policy Focus - Bill would limit communications with California Coastal Commission: Santa Barbara Independent - Mar 23 - State Senator Hannah-Beth Jackson announced plans to introduce a bill...more

Allen Matkins

California Environmental Law & Policy Update - January 2016 #3

Allen Matkins on

Environmental and Policy Focus - SoCal Gas Co. expects to cap Porter Ranch gas leak ahead of schedule - CBS Los Angeles - Jan 19 An ongoing natural gas leak that has affected residents in the Porter Ranch-area...more

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