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Litigation is Taking California’s Public Trust Doctrine From the Waterfront to the Forefront

California courts have long recognized the state’s duty to protect its tidelands, navigable waterways, and submerged lands (i.e., the land below the high tideline) under the common law public trust doctrine. However,...more

California Supreme Court Throws the Barn Doors Open, Finding That Groundwater Well Permits Aren’t Necessarily Ministerial

On August 27, 2020, in Protecting Our Water and Environmental Resources v. County of Stanislaus, Case No. S251709 (“Protecting Our Water”), the California Supreme Court held that the County in that instance could not...more

Third Appellate District Extends Public Trust Doctrine to Groundwater, Finding That Counties Have a Duty to Administer the Trust...

On August 29, 2018, the Third Appellate District published its long-awaited opinion in Environmental Law Foundation v. State Water Resources Control Board (“ELF”), a case involving a challenge to Siskiyou County’s (“County”)...more

California WaterFix: A Snapshot of the SWRCB Water Rights Change Hearings

After five parched years, substantial winter rains and Sierra snowpack have brought California a long-sought reprieve from drought, though not without presenting a new set of challenges. In February, nearly 200,000 residents...more

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