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Risk of Relinquishment Increases with Decision in Loyal Pig, LLC v. Department of Ecology

On May 5, 2020, the Washington Court of Appeals, Division III, ruled in Loyal Pig, LLC v. Department of Ecology that no five-year grace period exists for purposes of calculating the annual consumptive quantity of water (ACQ)...more

5/18/2020  /  Water Rights

Greenhouse Gas Regulation in Washington; Clean Air Rule Partial Invalidated

On January 16, 2020, the Washington Supreme Court (the “Supreme Court”) invalidated those portions of the Washington Clean Air Rule (“Rule”) that sought to regulate “indirect” emissions of greenhouse gases from businesses and...more

States Race to Allign on Industrial Hemp

Industrial hemp, once grown throughout the United States and already the powerhouse behind the billion dollar cannabidiol (“CBD”) industry, is poised for a resurgence as an agricultural commodity. ...more

Trump Administration Releases Clean Power Plan Replacement Proposal

Advancing President Trump’s campaign promise to end the “war on coal,” on August 21, 2018, the U.S. Environmental Protection Agency (“EPA”) proposed a new rule to replace the Obama administration’s Clean Power Plan (“CPP”). ...more

Putting California on a Water Budget

New California Laws Stress Efficient Water Use for Cities and Farms - From 2012 to 2016, California endured its worst drought on record, drier than any four-year period in the last 450 years. ...more

SCOTUS Ruling Gives Florida Chance to Prevail in Water War Against Georgia

We previously issued an alert analyzing two interstate water compact disputes before the U.S. Supreme Court (“SCOTUS” or the “Court”): Texas v. New Mexico and Colorado and Florida v. Georgia. On June 27, the Court rejected...more

Implementing California’s Sustainable Groundwater Management Act

The California legislature passed the Sustainable Groundwater Management Act (“SGMA”) nearly four years ago and its impacts are finally beginning to take shape....more

New Mexico Files Counterclaims Against Texas and the United States in Latest Chapter of Interstate Water Compact Dispute

On March 12, 2018, we issued an alert analyzing the United States Supreme Court’s decision in Texas v. New Mexico, 138 S.Ct. 954 (2018), allowing the United States to intervene in an interstate water compact dispute between...more

SCOTUS Rules United States May Pursue Its Interstate Water Compact Claims in Texas v. New Mexico and Colorado

On February 12, 2018, we issued an alert analyzing two interstate water compact disputes before the United States Supreme Court: Texas v. New Mexico and Colorado and Florida v. Georgia. On March 5, the Court ruled that the...more

Washington State’s Legislature Provides Relief to Rural Communities

What exactly does the “Hirst fix legislation” fix? On January 19, 2018, after months of water rights and real estate uncertainty and legislative deadlock, Washington Governor Jay Inslee signed the “Hirst fix” into law....more

SCOTUS Wades into Water Wars

On January 8, the Supreme Court of the United States (“SCOTUS”) heard back-to-back oral arguments in two major water rights disputes between states: Texas v. New Mexico and Colorado, and Florida v. Georgia. While the merits...more

EPA Initiates Formal Regulatory Process to Roll Back Clean Power Plan

On Monday, October 16, 2017, the Environmental Protection Agency (“EPA”) published a Notice of Proposed Rulemaking in the Federal Register, marking the start of the formal process to repeal the Clean Power Plan (“CPP”)....more

United States Announces Intent to Withdraw From Paris Climate Accord: What is the Real Impact?

On June 1, President Trump declared that he would withdraw the United States from the Paris Climate Accord (the “Agreement”). His announcement, though not unexpected, raises a host of questions on several legal, technical,...more

UPDATE: California’s Cap-and-Trade Program Upheld by the California Court of Appeal

Just yesterday, we issued an alert that discussed among other things the uncertainty surrounding California’s cap-and-trade program under Assembly Bill 32 (“AB 32”). Today, that uncertainty has been lessened considerably,...more

The Future of California’s Landmark Cap-and-Trade Program is Uncertain

This is the final installment in a three-part series examining carbon policies along the West Coast. In California, legislators are debating the future of its cap-and-trade program beyond 2020, the state is defending...more

Oregon Lawmakers Consider Carbon Pricing Legislation

This is the second installment in the West Coast Carbon Policy Update — Three Part Series, which will examine carbon policies along the West Coast in Washington, Oregon, and California. In 2007, Oregon passed legislation...more

Washington Continues to Consider a Carbon Tax and Defends Clean Air Rule

This is the first installment in the West Coast Carbon Policy Update — Three Part Series, which will examine carbon policies along the West Coast in Washington, Oregon, and California. While federal efforts to reduce...more

Paris Agreement to Enter into Force: Implications for Enforcement in the United States and Internationally

Global policy on climate change and greenhouse gas regulation is poised to take a significant step forward as the Paris Agreement (“Agreement”) enters into force just before international climate negotiations resume in...more

Energy Infrastructure and Carbon Policy: Impacts & Opportunities

This presentation to the Northwest & Intermountain Power Producers Coalition (NIPPC) reviews the current direction of carbon-reducing public policy and legal trends and their impacts on power producers and developers both...more

Constitutional Limits to Greenhouse Gas Regulation: 8th Circuit Relies on the Dormant Commerce Clause to Reject Minnesota’s GHG...

Many states have enacted their own laws to regulate greenhouse gas (“GHG”) emission reductions. Although the specific requirements of each state law differ, many of the laws incentivize the use of renewable energy and...more

The Washington State Department of Ecology Reissues Clean Air Rule

On June 1 the Washington State Department of Ecology (“Ecology”) reissued a draft Clean Air Rule (“CAR”). A prior iteration of the rule was filed on January 6, 2016, but was withdrawn by Ecology to address and incorporate...more

Update on EPA’s Clean Power Plan

Late last month, the United States Environmental Protection Agency (“EPA”) submitted briefs to the United States Court of Appeals for the District of Columbia in support of its Clean Power Plan (“CPP”) rule. The agency’s...more

High Court Grants Stay of Clean Power Plan

On February 9, 2016, in an historic and unprecedented decision, the U.S. Supreme Court blocked the U.S. Environmental Protection Agency (“EPA”) from implementing the Clean Power Plan (“CPP”) while the rule is challenged in...more

Washington State Department of Ecology Proposes GHG Limits in “Clean Air Rule”

The Washington Department of Ecology (“Ecology”) kicked off what promises to be a busy year in state-level greenhouse gas (“GHG”) regulation by releasing a first draft of the Washington Clean Air Rule (the “Rule” or the...more

EPA’s Clean Power Plan: A Regional Analysis

EPA’s recently issued Clean Power Plan (“CPP” or “Plan”) affects every state differently. The Plan has a decidedly nationwide impact—reducing the United States’ power plant greenhouse gas emissions 32 percent by the year...more

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