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Water National Environmental Policy Act

Holland & Knight LLP

The Final Content of California's Budget-Revised Infrastructure and CEQA Reform Trailer Bills

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As stated in Holland & Knight's recent alert detailing Gov. Gavin Newsom's package of 11 bills to amend the venerable California Environmental Quality Act (CEQA), meaningful reforms to CEQA have eluded all past governors in...more

Downey Brand LLP

Hurdles remain for Colorado River agreement

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On May 22, Arizona, Nevada, and California sent a letter to the Commissioner of the U.S. Bureau of Reclamation (Reclamation) that announced their agreement to conserve an additional 3 million acre-feet of Colorado River water...more

ArentFox Schiff

Environmental Justice Update: EPA Announces $100 Million in EJ Grants to Local Groups and Issues Guidance Outlining Potential...

ArentFox Schiff on

“Environmental justice” (EJ) continues as the primary leitmotif of Biden Administration environmental policy in the first weeks of 2023. Below, we unpack two recently announced EJ efforts: a grant program for groups in...more

Schwabe, Williamson & Wyatt PC

Winters Water Rights Revived After Navajo Nation Case

For more than a century, since Winters v. United States, 207 U.S. 564 (1908), the Supreme Court has recognized that when the United States establishes a Native reservation, it impliedly reserves sufficient water rights to...more

Husch Blackwell LLP

Property Owners Lodge a NEPA Challenge to the South Fork Offshore Wind Farm Project

Husch Blackwell LLP on

Last week’s blog post on NEPA and renewable energy development discussed how NEPA intersects with legal challenges brought against wind and solar projects. On March 9, 2022, concerned residents from the Town of East Hampton,...more

Perkins Coie

Escalating Stakes in Battle for Ocean Wind

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Offshore wind development in the United States continues to draw opposition from coastal landowners, businesses, organizations, and other users of ocean waters, as it has since the industry first emerged here. However,...more

Downey Brand LLP

$1.2 Trillion Infrastructure Legislation Provides Funding and NEPA Streamlining for Key Environmental and Infrastructure Projects

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On November 15, 2021, President Biden signed the landmark $1.2 trillion infrastructure legislation package, more commonly referred to as the Infrastructure Investment and Jobs Act (IIJA or Act). The 2,700+-page Act has been...more

Downey Brand LLP

Congress Passes $1.2 Trillion Bipartisan Infrastructure Legislation

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After passage in both houses of Congress, the highly-anticipated $1.2 trillion infrastructure legislation package, more commonly referred to as the “Infrastructure Investment and Jobs Act” (“Act”), has headed to President...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Law – The Year in Review

JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...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

Allen Matkins

California Environmental Law & Policy Update - February 2020

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Governor Newsom proposes new plan for San Joaquin River Delta - Governor Gavin Newsom revealed a novel approach Tuesday to managing the San Joaquin River Delta that would keep more water in the fragile delta while restoring...more

Nossaman LLP

[Webinar] WOTS Up? An Update Regarding Regulation of Waters of the State (WOTS) and Waters of the United States (WOTUS) - June...

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This complimentary 60-minute webinar is focused on the State Water Resources Control Board's recently adopted State Wetlands Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, with a...more

Perkins Coie

Agencies Release Proposed Rule to Limit Clean Water Act Jurisdiction

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The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more

Pillsbury - Gravel2Gavel Construction & Real...

Presidential Memorandum Promotes Reliable Supply and Delivery of Water in the West

In a Memorandum dated October 19, 2018 and entitled Promoting the Reliable Supply and Delivery of Water in the West, the President has directed the Secretaries of the Interior and Commerce to work together to minimize...more

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

Promoting the Reliable Supply and Delivery of Water in the West: October 19th Presidential Memorandum

The Trump Administration issued a document on October 19th titled: Presidential Memorandum on Promoting the Reliable Supply and Delivery of Water in the West (“Memorandum”)...more

Davis Wright Tremaine LLP

Trump Track: Presidential Memo to Boost Western Water Projects—Can It Succeed?

On October 19, President Trump issued a “Memorandum Promoting the Reliable Supply and Delivery of Water in the West.” The memorandum calls for streamlining federal water infrastructure development and operations, apparently...more

Nossaman LLP

Fixing Finances: The Department of Water Resources Seeks Validation of Bonds to Fund the California WaterFix Project

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The California Department of Water Resources (“DWR”) filed a validation action on July 21, 2017, in the Sacramento County Superior Court, seeking to confirm the validity of bonds it has authorized to finance the planning and...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

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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

Allen Matkins

California Environmental Law & Policy Update - March 2017 #2

Allen Matkins on

Environmental and Policy Focus - Southern California regulators approve smog plan with tougher refinery rules, voluntary measures for goods movement facilities - Los Angeles Times - Mar 3 - The South...more

Foley Hoag LLP - Environmental Law

Managing Water Releases From Dams to Protect Fish: A Tale of Good Legislation and Bad Engineering

Earlier this week, the 9th Circuit found that the Bureau of Reclamation had authority under 1955 legislation to order additional releases of water to the Trinity River from the Lewiston Dam beyond the amount designated in an...more

Holland & Knight LLP

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

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The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

Pillsbury - Gravel2Gavel Construction & Real...

Water Infrastructure Improvements for the Nation Act — Highlights

Below is a snapshot of the Water Infrastructure Improvements for the Nation Act water-300x200(S. 612) passed late last week by the Congress. The President has indicated that he will sign the bill. Title I of the Act is...more

Nossaman LLP

District Court Denies Motion to Enjoin Delta Water Transfers

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Last Friday, the U.S. District Court for the Eastern District of California denied a motion brought by environmental groups to enjoin a water transfer project in the Sacramento-San Joaquin River Delta (Delta). Plaintiffs...more

Best Best & Krieger LLP

Federal Appellate Court Upholds Environmental Review of Colorado River Water Delivery Agreement

Ninth Circuit Affirms District Court’s Decision Approving NEPA and Clean Air Act Review of Federal QSA - The U.S. Court of Appeals for the Ninth Circuit has issued its decision on the federal case challenging...more

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