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Update on NFIP and Endangered Species Act – FEMA Suspends Map Revision Applications

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

Small Maui Dam Breaches, Leading to Evacuations

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

UPDATED: In Response to Concerns Regarding COVID-19, Governor Newsom Grants Additional Flexibility for Public Agency...

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

In Response to Concerns Regarding COVID-19, Governor Newsom Suspends Some Requirements applicable to Public Agency Teleconference...

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

Waiving USACE Policy Requirements: A Tool to Get Urgent Projects Completed

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

How Flood Insurance and Endangered Species Are Connected

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

House Financial Services Committee Schedules First NFIP Hearing of the Year

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

New Law Mandates That Special Districts Maintain Public Websites by January 2020; Limited Exemptions Available

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

Water Resources Development Act is Signed Into Law By President

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

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

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

The Water Resources Development Act (WRDA) Finally to be Considered by the Senate

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

USACE Appropriations Bill Signed by President, Becomes Law

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

Federal Funding Panel Shared Interesting Perspectives at Annual FMA Conference

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

AB 2257: New Brown Act Requirements for Meeting Agendas on Local Agency Websites Effective for Meetings Held on and after January...

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

WRDA, Appropriations, and USACE Is Staying Where It Is (for now, at least): A Busy Few Days on the Hill

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

USACE Issues Guidance for Use of Supplemental Appropriation

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

Will the Army Corps of Engineers lose the Civil Works mission? Looks like the Department of Defense is making some plans.

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

No Long-Term Reauthorization Yet; NFIP Extended Through November 30, 2018

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

USACE Issues 2018 Workplan

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

Leadership Changes at FEMA’s Flood Insurance Group

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

4/11/2018  /  FEMA , Flood Insurance , Resignation

Should the Civil Works Mission Leave the US Army Corps of Engineers??

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

National Waterways Conference Requests More Time on Draft 408 Policy

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

Draft 408 Guidance imminent; USACE Webinars Scheduled

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

Floodplains and Flood Risk: A Brief Overview of Changing Management Responsibilities

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

California Supreme Court Confirms Certain Groundwater Pumping Charges are Outside Scope of Prop 218

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

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