News & Analysis as of

Water US Fish and Wildlife Service

Downey Brand LLP

Ninth Circuit Hands Major Victory to Senior Water Right Holders on the Sacramento River

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On May 23, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Natural Resources Defense Council et al. v. Debra Haaland et al. (Case No. 21-15163) (“NRDC v. Haaland”) rejecting the plaintiffs’ challenges...more

Nossaman LLP

Resource Optimization and Endangered Species Management

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On December 21, 2023, I published a post on the Center for California Water Resources Policy and Management’s DeltaCurrents blog discussing integration of resource optimization into endangered species policy to improve...more

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

Conservation Easement/Endangered Species Act: Citizen Suit Action Challenges U.S. Fish and Wildlife Service Biological Opinion...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a December 4th Opinion an issue arising out of the federal Endangered Species Act (“ESA”). See Center for Biological Diversity, et al. v....more

Nossaman LLP

ESA Preempts Oregon Water Rule in U.S. District Court Decision

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On February 6, the U.S. District Court for the Northern District of California sided with the Bureau of Reclamation (Reclamation) and plaintiffs Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s...more

Beveridge & Diamond PC

Key Trends Impacting Fisheries and Aquaculture in the United States

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Key Takeaways What Is Happening? An increased focus on climate change and environmental stewardship is rapidly changing the legal and regulatory landscape affecting the fisheries and aquaculture industries, and agencies and...more

Pillsbury - Gravel2Gavel Construction & Real...

In Review: SCOTUS Environmental and Administrative Decisions in the 2020 Term

Several decisions of interest were issued in the 2020 term, which stretched from October 2020 until early July 2021. This review will concentrate on environmental and administrative law cases....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

Allen Matkins

California Environmental Law & Policy Update - January 2021

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Trump administration reverses migratory bird protections - Bullet The New York Times – December 21 - The U.S. Department of the Interior this Tuesday finalized a reversal of protections for wild birds under the 1918...more

Allen Matkins

California Environmental Law & Policy Update - September 2020 #2

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White House directs agencies to relax enforcement - Los Angeles Times – September 9 - A memorandum produced by the White House Office of Management and Budget and sent to federal agency heads last week instructs them to...more

Nossaman LLP

Changes to Central Valley Project and State Water Project Operations

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On February 19, 2020, the U.S. Bureau of Reclamation issued a Record of Decision (ROD) on the reinitiation of consultation on the coordinated long-term operations of the Central Valley Project and State Water Project.  At the...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

Downey Brand LLP

President Issues a Presidential Memoranda on Western Water (But Flood Is Mentioned)

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Amidst much fanfare, on Friday President Trump released a Presidential Memoranda (much like an Executive Order, yet different?) directing Federal agencies to work together to reduce regulatory burdens on Western water...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 2016

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Environmental and Policy Focus - Community and environmental groups sue South Coast Air District over rules adoption - Los Angeles Times - Mar 9 - Community groups and environmentalists filed suit this week...more

Nossaman LLP

ESA Roundup – Legislation, Listings, and Litigation

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Whether dealing with water or with endangered species directly, there have been a numbers of recent developments that are worth keeping on your radar.  July 16, 2015 – The House of Representative, in a largely partisan...more

Allen Matkins

California Environmental Law & Policy Update - February 2015 #3

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Environmental and Policy Focus: California lawmakers introduce sweeping new measures to increase renewable energy, cut fossil fuel use - San Jose Mercury News - Feb 10: Last Tuesday, California lawmakers unveiled a...more

Best Best & Krieger LLP

Legislative Water Update

Conversations Among Federal Lawmakers May Lead to New Water Legislation - A number of conversations are occurring in the U.S. House of Representatives, and between the House and the U.S. Senate (particularly Rep. David...more

BakerHostetler

Louisiana Denies Drilling-Related Permit in Scenic Waterway

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Louisiana has denied a permit to an energy company seeking to use water from a state-designated scenic river for its drilling operations. The decision represents the first time in Louisiana’s history that a permit to draw...more

Nossaman LLP

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

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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

Allen Matkins

California Environmental Law and Policy Update - July 2014

Allen Matkins on

Environmental and Policy Focus - Second leg of California bullet-train line approved: SFGate.com - Jun 27: On June 27, 2014, the U.S. Department of Transportation gave its approval for work to begin on the second leg...more

McDermott Will & Emery

EPA Unveils Final Cooling Water Intake Structures Rule

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On May 19, the U.S. Environmental Protection Agency (EPA) finalized its long-awaited rule under Section 316(b) of the Clean Water Act (CWA) imposing requirements for cooling water intake structures (CWIS) at power plants and...more

Perkins Coie

Ninth Circuit Upholds 2008 Biological Opinion Restricting Operations Of California Water Projects

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On March 13, the Ninth Circuit issued its long-awaited decision in the latest round of the delta smelt litigation, upholding the 2008 Biological Opinion prepared by the U.S. Fish & Wildlife Service for the combined operations...more

Allen Matkins

California Environmental Law and Policy Update

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Environmental and Policy Focus -- Court of Appeals upholds determination: Reuters - Mar 14 - The U.S. Ninth Circuit Court of Appeals yesterday rejected a challenge to a determination by the U.S. Fish & Wildlife Service...more

Bracewell LLP

Texas Environmental Update - December 20, 2013

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Mexican Federal Congress Approves Important Constitutional Energy Reform Bill - Energy Legal Blog, December 13, 2013 - As we previously reported, on August 12, 2013, Mexican President Enrique Peña Nieto...more

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