Back in 2019, we wrote a post about the surprising connection between the Endangered Species Act (ESA) and the National Flood Insurance Program (NFIP). That post concluded with the following...more
The State of Hawaii has not shown up on this blog before, but last week’s dam breach and evacuations have earned it a coveted spot.
On March 8, the Kaupakalua Dam in Maui overtopped, prompting evacuation orders downstream....more
On March 18, 2020, Governor Gavin Newsom issued an Executive Order providing further flexibility to public agencies conducting their meetings during the COVID-19 pandemic. Executive Order N-29-20 (“Order”) amends a prior...more
3/20/2020
/ Coronavirus/COVID-19 ,
Executive Orders ,
Government Agencies ,
Governor Newsom ,
Health and Safety ,
Infectious Diseases ,
Municipalities ,
Public Health ,
Public Meetings ,
State and Local Government ,
Virtual Meetings
In response to the developing concern regarding the spread of Coronavirus Disease 2019 (“COVID-19”), on March 12, 2020 Governor Gavin Newsom issued Executive Order N-25-20 (the “Order”). Among other things, the Order provides...more
3/13/2020
/ Coronavirus/COVID-19 ,
Executive Orders ,
Government Agencies ,
Governor Newsom ,
Health and Safety ,
Infectious Diseases ,
Municipalities ,
Public Health ,
Public Meetings ,
Ralph M. Brown Act ,
State and Local Government ,
Virtual Meetings
Most of our past Blog posts have been focused on current events, analysis of new trends, and breaking news. Today, we are sharing some news that is eight months old but that offers a potential and promising path for getting...more
Most people would not associate flood insurance with the protection of endangered species. But over the past decade, the Federal Emergency Management Agency (FEMA) has been the target of multiple lawsuits alleging that the...more
The National Flood Insurance Program (NFIP) often seems to be the Congressional-stepchild; everyone knows that it deserves some attention but everyone is too busy with their favorite child. Unfortunately, the Program is...more
In late 2018, Governor Brown signed SB 929 (Maguire) into law, which mandated that all independent special districts in the state of California maintain an internet website consistent with all existing legal requirements for...more
The Water Resources Development Act (WRDA) of 2018, included as title I of the America’s Water Infrastructure Act of 2018 (S. 3021), was signed into law yesterday. The new law provides the needed authorization for investment...more
10/24/2018
/ Flood Control ,
Flood Management ,
Infrastructure ,
Investors ,
New Legislation ,
Ports ,
Transportation Industry ,
Trump Administration ,
US Army Corps of Engineers ,
Water ,
Water Resources Development Act ,
WRDA
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
10/22/2018
/ Agricultural Sector ,
Bureau of Reclamation ,
Department of the Interior ,
Endangered Species Act (ESA) ,
Fishing Industry ,
Flood Control ,
Government Agencies ,
Infrastructure ,
NOAA ,
Presidential Memorandum ,
Regulatory Burden ,
Trump Administration ,
US Fish and Wildlife Service ,
Water ,
Water Supplies
Great news for those of us tracking the Water Resources Development Act (WRDA), which authorizes specific projects, creates and modifies programs, and updates authorities for the U.S. Army Corps of Engineers: The Senate has...more
On September 21st the President signed an FY2019 “Minibus” into law (HR 5895) covering three of the twelve appropriations areas – energy and water, MilCon/VA, and legislative branch. The Energy and Water portion funds the...more
9/24/2018
/ Appropriations Bill ,
Energy Sector ,
Federal Budget ,
Federal Contractors ,
Flood Control ,
Flood Management ,
New Legislation ,
Trump Administration ,
US Army Corps of Engineers ,
Water ,
Work Plans
At last week’s Floodplain Management Association meeting in Reno, Nevada, the two of us planned and participated in a panel discussion on federal funding for flood control projects under the Trump administration. Attendees...more
In 2016, the State Legislature enacted Assembly Bill 2257 (Government Code section 54954.2) to update the Ralph M. Brown Act with new requirements applicable to meeting agenda postings on local agency websites. The Brown Act,...more
All joking aside about a gridlocked Congress, real progress has been made this week on flood risk reduction authorizations and appropriations. As explained below, it is looking like the 2018 Water Resources Development Act...more
9/12/2018
/ Appropriations Bill ,
Energy Sector ,
Federal Funding ,
Flood Control ,
Flood Management ,
Infrastructure ,
Risk Management ,
Trump Administration ,
US Army Corps of Engineers ,
Water ,
WRDA
We are happy to share the guidance on how USACE should be moving forward with projects funded under the Supplemental Appropriation.
The appropriation provided an incredible $15 billion for construction...more
In late June, President Trump unveiled his administration’s plan to reorganize the federal government. The proposed shakeup is entitled “Delivering Government Solutions in the 21st Century: Reform Plan and Reorganization...more
In a last minute move to avert a mini-financial disaster, yesterday the Senate passed, and the president signed, a bill to extend the NFIP until November 30, 2018. The House had previously passed a companion bill....more
8/1/2018
/ Flood Insurance ,
Flood Zones ,
Housing Market ,
Insurance Industry ,
Mortgage Lenders ,
National Flood Insurance Program ,
Property Owners ,
Real Estate Transactions ,
Reauthorization ,
Senate Committees ,
Time Extensions ,
Trump Administration
At noon eastern time on Monday, June 11, 2018 the U.S. Army Corps of Engineers (USACE) issued its 2018 Workplan. Although approximately two weeks late, the Workplan contains enough goodies for around the United States as to...more
FEMA has announced that Roy Wright, the director of FEMA’s National Flood Insurance Program, is stepping down to take the helm of a nonprofit backed by the insurance industry. We will be sorry to see Roy leave...more
As happens on a regular political cycle, there are stories being published again with calls for USACE’s Civil Works mission to leave USACE and move to the U.S. Department of Transportation, or perhaps the Department of...more
The National Waterways Conference has submitted a letter in response to the notice published in the Federal Register on February 5, 2018, seeking comment on the draft Engineering Circular (EC) on 408 permissions. According...more
Happy New Year!!!!!! Yes, it is actually February, but it is a new year for this blog as we turn our attention to a world full of flood risk reduction actions in the second year of the Trump Administration. We are hearing...more
When it comes to how our communities address flood risk and protect populations and economies from flooding, no one government agency is in charge. Instead, there are multiple agencies at the federal, state, and local levels,...more
12/12/2017
/ Endangered Species Act (ESA) ,
FEMA ,
Flood Management ,
Flood Maps ,
Flooding ,
Insurance Rates ,
National Flood Insurance Program ,
Risk Management ,
State and Local Government ,
US Army Corps of Engineers ,
Water Resources Development Act
On December 4, the California Supreme Court ruled that groundwater pumping charges levied to fund a basin-wide conservation and management program were not property-related fees subject to Proposition 218. The decision, City...more