The Trump administration changes course on regulatory interpretations relating to the scope of protections for endangered and threatened species and migratory birds. ...more
5/6/2025
/ Chevron Deference ,
Endangered Species Act (ESA) ,
Government Agencies ,
Incidental Take Permits ,
Loper Bright Enterprises v Raimondo ,
Migratory Bird Treaty Act (MBTA) ,
Proposed Rules ,
Rulemaking Process ,
Statutory Interpretation ,
Trump Administration ,
US Fish and Wildlife Service
Stakeholders should stay informed as state and federal officials advance plans and policies for water conservation, water quality, and climate resilience in California....more
3/25/2025
/ Climate Change ,
Delta Smelt ,
Department of Water Resources ,
Drought ,
Endangered Species ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Executive Orders ,
Groundwater ,
Incidental Take Permits ,
Infrastructure ,
PFAS ,
Reclamation ,
Regulatory Agenda ,
State Department of Fish and Wildlife ,
Trump Administration ,
Water ,
Water Conservation ,
Water Quality ,
Water Resources Control Board
The landmark decision alters the NPDES permit landscape, shifting the focus to specific actions over general outcomes....more
State and federal officials move forward plans and policies for water conservation, conveyance, and climate resilience.
The winter of 2022-23 brought historic levels of precipitation to California after years of deep...more
2/12/2024
/ Comment Period ,
Conservation ,
Critical Infrastructure Sectors ,
Drinking Water ,
Drought ,
Emergency Response ,
Environmental Impact Report (EIR) ,
Executive Orders ,
Expedited Actions Process ,
Governor Newsom ,
Groundwater ,
Natural Resources ,
NPRM ,
Permits ,
State Water Project ,
Water ,
Water Conservation ,
Water Projects ,
Water Resources Control Board ,
Water Supplies
As part of long-range plans to address climate change, many states have adopted policies to spur the transition to a low-carbon future. Renewable sources like solar, wind and geothermal energy have garnered considerable...more
The Court’s decision has prompted the US Army Corps of Engineers to freeze jurisdictional determinations for permitted activities pending additional guidance.
On May 25, 2023, by a narrow 5-4 majority, the US Supreme...more
6/15/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The move represents a step forward for the small modular nuclear reactor industry, but legislative uncertainty over new nuclear facilities in the US remains.
As part of long-range plans to address climate change, many...more
6/14/2023
/ Biden Administration ,
Clean Energy ,
Climate Change ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
Final Rules ,
Nuclear Power ,
Nuclear Regulatory Commission ,
Proposed Legislation ,
Rulemaking Process
Public agencies prevailed in 71% of decisions involving the California Environmental Quality Act in 2022.
Latham lawyers tracked key developments in California Environmental Quality Act (CEQA) case law throughout 2022....more
The proposal had contemplated clarifications to when short-form warnings should be used and had aimed to introduce new requirements for information about harmful chemicals.
Several amendments that the California Office...more
The proposal, which aims to clarify when short-form warnings should be used, would also create new requirements for information about harmful chemicals.
On December 13, 2021, the California Office of Environmental Health...more
The proposed definition would significantly extend the regulatory scope of the Clean Water Act.
On December 7, 2021, the US Environmental Protection Agency and the US Army Corps of Engineers (collectively, the Agencies)...more
Limited water supply, restrictions on use, and higher costs may be in store for next year if the state’s drought conditions persist. This year has been critically dry and hot for California, resulting in déjà vu as the...more
12/14/2021
/ Agricultural Sector ,
Biden Administration ,
Climate Change ,
Department of Water Resources ,
Drought ,
Executive Orders ,
Farm Service Agency (FSA) ,
Governor Brown ,
Governor Newsom ,
Groundwater ,
Groundwater Management Plan ,
Habitat Conservation Plan ,
Natural Disasters ,
Secretary of Agriculture ,
State Department of Fish and Wildlife ,
State of Emergency ,
Water ,
Water Conservation ,
Water Resources Control Board ,
Water Supplies ,
Wildlife Protection
CEQA Case Report: Understanding the Judicial Landscape for Development -
In a published opinion issued on October 23, 2018, Save Lafayette Trees v. City of Lafayette, Case No. A154168, the California Court of Appeal...more
CEQA Case Report: Understanding the Judicial Landscape for Development -
In an unpublished opinion issued July 10, 2018, Sierra Club v. County of Kern, Case No. F071133, the California Court of Appeal reversed the trial...more
CEQA Case Report: Understanding the Judicial Landscape for Development -
In an opinion published on August 9, 2018, Protect Niles v. City of Fremont, Case No. A151645, the First Appellate District of the California Court...more
California higher courts rule in favor of public agencies on small majority of environmental impact report cases.
Over the course of 2017, Latham lawyers reviewed all 46 California Environmental Quality Act (CEQA) cases,...more
Rodeo Citzens Ass’n v. County of Contra Costa, California Court of Appeal, First Appellate District, Division Three, Case No. A151184 (March 20, 2018).
CEQA Case Report: Understanding the Judicial Landscape for Development...more
Lead agencies cannot ignore the Coastal Act’s ESHA requirements in CEQA documents and defer analysis for later Coastal Commission review.
Key Points:
..CEQA requires an EIR to identify potential environmentally...more
On February 2, 2017, the Los Angeles Regional Water Quality Control Board (the Regional Board) approved a Revised Memorandum of Understanding (the 2017 MOU) between the City of Malibu (the City), the Regional Board, and the...more
On January 13, 2017, the US Supreme Court granted certiorari for an appeal that will allow the Court to determine the proper jurisdiction for litigation challenging the Clean Water Rule (the Final Rule). The federal Clean...more
On December 12, 2016, EPA published the final Formaldehyde Standards For Composite Wood Products Rule (the Rule) in the Federal Register. The compliance date for most aspects of the Rule is December 12, 2017, with a...more
Recent decision resolves appellate split regarding standard of review for agency decision to prepare supplemental environmental review.
On September 19, the California Supreme Court held that the substantial evidence...more
In an opinion by Justice Kruger, the Supreme Court of California unanimously reversed the Court of Appeal in Friends of the College of San Mateo Gardens v. San Mateo County Community College District, Cal. Supreme Court, Case...more
On October 9, 2015, the US Court of Appeals for the Sixth Circuit stayed the implementation of the Clean Water Rule (the Final Rule) nationwide. The Final Rule defines “waters of the United States” (WOTUS), a threshold term...more
California enacts basin adjudication statutes with the goal of reducing uncertainty, costs and time of water rights litigation.
On October 9, 2015, California Governor Jerry Brown signed AB 1390 (Alejo) and SB 226...more