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California Supreme Court: Government Communications on Private Accounts Are Public

Recent decision points to the original intent of the California Public Records Act in the evolving debate over government transparency. Key Points: ..California Supreme Court rules that emails and text messages sent...more

Sixth Circuit Stays Obama Administration’s New Clean Water Rule Nationwide

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 Adopts Comprehensive Groundwater Basin Adjudication Law

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

Federal Judge Grants Preliminary Injunction Blocking the Obama Administration’s New Clean Water Rule From Taking Effect

On August 27, 2015, the US District Court for the District of North Dakota issued a preliminary injunction against implementation of the Clean Water Rule (the Final Rule). The Final Rule defines Waters of the United States...more

Proposed Rule from US Department of the Interior Increases Pressure on Coal Mining Industry

On July 27, 2015, the US Department of the Interior, through its Office of Surface Mining Reclamation and Enforcement (OSMRE), proposed to revise regulations adopted under the Surface Mining Control and Reclamation Act of...more

EPA and Army Corps Issue Final Rule to Govern Federal Clean Water Act Jurisdiction

Those currently or potentially subject to Clean Water Act regulation should plan for expanded federal jurisdiction upon implementation of the Clean Water Rule’s broad new definition of “waters of the United...more

Governor Brown Orders California’s First Mandatory Water Restrictions

On Wednesday April 1, 2015, in the wake of the state’s four-year drought and a winter that brought record-low snowfalls, Governor Brown issued an executive order mandating statewide water use restrictions for the first time...more

Legislature Approves $1 Billion Drought Relief Legislation; Governor Brown Expected to Sign

California Legislature Enacts Bill Package on Drought - On Thursday March 26, 2015, the California Legislature adopted legislation which it describes as allocating approximately $1 billion to emergency drought relief...more

Massive California Water Bond Slated for November 4 General Election as Proposition 1

2014 Water Bond targets state’s long-term water needs and aquatic ecosystems. Two months from today, the California electorate will vote up or down on a massive water bond which Governor Jerry Brown signed on August...more

Waters of the United States Proposed Rule

The proposed rule to revise the definition of “waters of the United States” under the federal Clean Water Act, which originally was announced on March 25, 2014 by the United States Environmental Protection Agency (EPA) and...more

EPA, Army Corps Propose New Rule to Govern Federal Clean Water Act Jurisdiction

Intended to clarify confusion from prior US Supreme Court decisions, the rules could have far-reaching implications for many stakeholders. The US Environmental Protection Agency (EPA) and the US Army Corps of...more

California Agency Releases Draft Rules for Fracking, Begins to Implement Recent State Legislation

Oil and gas companies and oil-­field service providers with California operations should scrutinize newly proposed rules on hydraulic fracturing and well stimulation, with comments due by mid-­January. Introduction...more

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