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Trump Nominates RD James for Assistant Secretary of the Army for Civil Works

This morning President Trump announced his intent to nominate candidates to a number of administration posts. Among them is RD James to be the Assistant Secretary of the Army for Civil Works. He is the blurb on James...more

The Money Calendar – How The Federal Budget Calendar Is Circular, Not Linear

On a recent visit to Washington, D.C. to work on client issues, I attended any number of meetings where we discussed Federal appropriations. But before we get to an observation or two, here is a recap on the process for how...more

Will the National Flood Insurance Program (NFIP) be reauthorized, extended, or what?

The National Flood Insurance Program (NFIP) will expire at the end of the month. For anyone that has read the newspaper lately, this is a lousy time for the program to expire with two hurricane’s bearing down on the Eastern...more

How Should the Flood Management Community Deal with the Uncertainty of Climate Change?

Despite reticence in Washington, D.C. about the term “climate change” (see our previous blog post on this topic), there is plenty of discussion in the media and in scientific circles about whether intense, off-the-charts...more

Senate Democrats Are Eager to Invest in Infrastructure, Including Flood (but what about Climate Change?)

The democratic members of the Senate Environment & Public Works (EPW) Committee took the initiative to lay out their priorities for a future infrastructure package. Those priorities, totaling over $500 billion, are included...more

Flooding in Houston: Can We – Should We? – Plan for Such Massive Flooding Events?

All eyes are appropriately on Houston right now, where record rainfall has led to catastrophic flooding, loss of life, inestimable damages, and years if not decades of recovery and re-building. Around the country, many...more

California Supreme Court Rules That Independent Contractors Are Not Excluded From Section 1090’s Conflict Provisions

The California Supreme Court ruled on June 26, 2017 in People v. Superior Court of Riverside County that the Government Code prohibition against a public employee or officer’s participation in contracts in which that person...more

Trump Executive Order Issued on Federal Flood Risk Management Standard and Regulatory Reform

August 15, 2017 was a busy day for the Trump Administration. While interacting with the press and other politicians regarding the protests and counter-protests in Charlottesville, Virginia, the White House was also issuing an...more

USACE Issues Guidance on Contributed Funds for Section 408 Review

As many in the industry have learned recently, the FY 17 budget only included approximately $3 million nationwide for processing 33 U.S.C. Section 408 review. This is the Section under which the U.S. Army Corps of Engineers...more

James Dalton, Director of Civil Works at USACE, Offers Valuable Perspectives at Annual NAFSMA Conference

One of the best ways to learn about the direction of national flood risk management is to attend the annual conference of the National Association of Flood and Stormwater Management Agencies (NAFSMA). The NAFSMA conference is...more

New Guidance from USACE Could Streamline Processes

A June 21, 2017 Memorandum issued by James Dalton, the U.S. Army Corps of Engineers Director of Civil Works, is designed to streamline a number of USACE processes, including...more

The FY2017 Budget Continues to Support Army Corps Activities

On Friday May 5 President Trump signed the budget deal that allows the Federal government to move from its one week continuing resolution to an adopted budget for the 2017 Fiscal Year....more

Appellate Court Holds That Constitution Overrides Statutory Exemption Related to Proposition 218 Assessments; Reclamation...

In a reversal of a lower court decision, the Third District Court of Appeal has held that the California Constitution’s provisions related to Proposition 218 override a statutory exemption that a school district argued...more

A potpourri of Northern California news, including the latest on Lake Oroville

Good day! Today we feature a series of little squibs of what has been happening in the past two weeks. All of the information below is confirmed, and all of it is notated with additional context. But we did want to share with...more

California Supreme Court Rules Public Officials' and Employees' Personal Accounts Do Not Escape Reach of Public Records Act

On March 2, 2017, the California Supreme Court ruled in City of San Jose v. Superior Court that where a public employee uses a personal email account or texts to communicate about the conduct of public business, those...more

The Governor Writes a Letter, and Roundup on Flooding Issues Around the State

Here’s our Saturday morning update on flood control issues in the Central Valley and beyond. Things have been quieter this week at Oroville Dam, but there’s plenty to report on from around the state....more

A Compendium of California's Sustainable Groundwater Management Act

The Sustainable Groundwater Management Act (SGMA) will have lasting implications on water users throughout the State. Downey Brand's water law practice is on the cutting edge of SGMA and groundwater law developments and has...more

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