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EPA Finalizes PFAS Reporting Requirements

On September 28, 2023, the U.S. Environmental Protection Agency (EPA) finalized its rule requiring reporting of per- and polyfluoroalkyl substances (PFAS). According to EPA’s press release, the rule is intended to “provide...more

EPA Releases Long-Awaited Proposed PFAS Standards

On March 14, 2023, U.S. Environmental Protection Agency (EPA) announced the proposed National Primary Drinking Water Regulation (NPDWR) for six per- and poly fluoroalkyl substances (PFAS), including...more

EPA Announces Update to Civil Monetary Penalties – Impacts on Water Providers

On January 6, 2023, the U.S. Environmental Protection Agency (EPA) announced its Final Rule, listed at 88 FR 986, updating the maximum civil monetary penalties that may be assessed for violations of environmental statutes....more

Newsom Announces Budget Proposal Which Includes $6 Billion in Cuts to Environmental/Climate Change Programs

On January 10, 2023, Governor Gavin Newsom announced his 2023-2024 budget proposal, totaling $297 billion and leading to a $22.5 billion budget deficit. This deficit represents a significant change from last year’s nearly...more

The Impact of Governor Newsom’s Proposed Budget on Water Projects

On January 10, 2023, Governor Gavin Newsom announced his $297 billion budget proposal for 2023-2024, which includes a $22.5 billion budget deficit. Despite environmental/climate change programs facing $6 billion in cuts,...more

Army Corps Releases Draft EIS on Delta Conveyance Project

On December 19, 2022, the U.S. Army Corps of Engineers (Army Corps), Sacramento District released its Draft Environmental Impact Statement (EIS) for the Delta Conveyance Project. The Army Corps is the federal agency tasked...more

UPDATE: House and Senate Pass Nearly $38 Billion in Funding for Water Projects as Part of National Defense Authorization Act

On December 6, 2022, the U.S. House of Representatives passed the National Defense Authorization Act (NDAA) by a bipartisan vote of 350-80. The NDAA includes the Water Resources Development Act (WRDA) of 2022, which includes...more

House Passes Nearly $38 Billion in Funding for Water Projects as Part of National Defense Authorization Act

On December 6, 2022, the U.S. House of Representatives passed the National Defense Authorization Act (NDAA) by a bipartisan vote of 350-80. The NDAA includes the Water Resources Development Act (WRDA) of 2022, which includes...more

California Sues Alleged PFAS Manufacturers for Hundreds of Millions of Dollars

On November 10, 2022, California Attorney General Rob Bonta announced that he had filed a lawsuit against 3M, DuPont, and sixteen other companies for their roles in manufacturing per- and polyfluoroalkyl substances (PFAS)....more

Court Decision Limits State Water Resources Control Board’s Authority Over Pre-1914 Appropriative Rights

On September 12, 2022, the Court of Appeal for the Sixth District issued its opinion in the California Water Curtailment Cases, No. 1-15-CV285182 (2022). The court held that the State Water Resources Control Board (State...more

California Becomes First Government in World to Require Microplastics Testing for Drinking Water

On September 7, 2022, California became the first government in the world to require microplastics testing for drinking water, an emerging contaminant that is found throughout the environment. The State Water Resources...more

EPA Proposes Listing Two PFAS as Hazardous Substances

On August 26, 2022, the Environmental Protection Agency (EPA) issued the pre-publication of a proposed rule that would designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances...more

California’s Water Supply Strategy: Adapting to Climate Change, One State at a Time

On August 11, 2022, Governor Gavin Newsom released California’s Water Supply Strategy – Adapting to a Hotter, Drier Future. The 19-page plan is designed to help the state adapt to the impacts of climate change on its water...more

Draft EIR Released for Delta Conveyance Project

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

Ninth Circuit Reverses Itself – New Opinion Removes Potential for RCRA “Transporter” Liability for Water Providers

On July 1, 2022, the United States Court of Appeals for the Ninth Circuit took the unusual step of reversing its previous decision in California River Watch v. City of Vacaville, No. 20-16605, 2022 WL 2381056 (9th Cir. July...more

EPA Announces No Safe Level for Two PFAS and $1 Billion in Funding

On June 15, 2022, the U.S Environmental Protection Agency (EPA) announced new health advisories for four per- and polyfluoroalkyl substances (PFAS). The health advisories significantly lowered the level considered safe to...more

California Announces New Emergency Drought Regulations

On May 24, 2022, the California State Water Resources Control Board announced emergency drought restrictions resulting from Governor Newsom’s Executive Order N-7-22. The regulations are the latest in a series of attempts by...more

Poseidon Water’s Coastal Commission Application Denied – Setting Up an Uncertain Future for Desalination

On May 12, 2022, at the conclusion of a ten-hour hearing, the California Coastal Commission voted to deny Poseidon Water’s application to site and operate a desalination plant in Huntington Beach, in what could be a fatal...more

Metropolitan Water District Announces Required Water Reductions Affecting up to Six Million Californians

At a board meeting on April 26, 2022, the Metropolitan Water District of Southern California (“the Met”) announced it would be requiring reductions in water usage from retail water suppliers that are dependent on water from...more

Newsom Issues Executive Order N-7-22 Outlining California’s New Drought Strategies

As part of a busy few weeks that revealed the severity of the drought California is currently facing, Governor Gavin Newsom issued Executive Order N-7-22. The executive order is the latest in a series of orders aimed at...more

Past, Present and Future: California Provides Insight on the Severity of the Drought and 2022 Guidance

The past few weeks have been active ones for California in assessing the severity of its current drought and how it plans to manage its water during the third year of that drought. On top of other, more localized action,...more

California Adopts First-in-the-Nation Microplastics Reduction Strategy

Last week, the Ocean Protection Council adopted California’s Statewide Microplastics Strategy. The strategy is the first of its kind in the nation, focusing on outlining steps to address microplastic pollution, an emerging...more

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