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Resource Optimization and Endangered Species Management

On December 21, 2023, I published a post on the Center for California Water Resources Policy and Management’s DeltaCurrents blog discussing integration of resource optimization into endangered species policy to improve...more

How Can Science Help the Voluntary Agreements Succeed?

Recently, I authored a post for DeltaCurrents, the Center for California Water Resources Policy and Management's blog. The focus of the piece is on the ways in which science can play a role in the success of the so-called...more

Federal Court Adopts Plan for Water Project Operations in California, Dismissing Concerns of Water Users and eNGOs

Last Friday, the U.S. District Court for the Eastern District of California issued an order on competing motions in the coordinated cases challenging the 2019 biological opinions (BiOps) that govern operation of California’s...more

Changes to Central Valley Project and State Water Project Operations

On February 19, 2020, the U.S. Bureau of Reclamation issued a Record of Decision (ROD) on the reinitiation of consultation on the coordinated long-term operations of the Central Valley Project and State Water Project.  At the...more

California Announces Lawsuit Over Federal Government's Biological Opinions for Central Valley Project and State Water Project

On November 21, 2019, the California Secretary for Natural Resources announced California’s decision to sue the federal government over its biological opinions for continuing operations of the California State Water Project...more

High Court Denies Petition by Parties with Reclamation Contracts Seeking to Avoid ESA Consultation

On November 17, the U.S. Supreme Court denied the petition for writ of certiorari filed by Glenn Colusa Irrigation District and others seeking to overturn a decision by the United States Court of Appeals for the Ninth Circuit...more

Numerous Parties Line Up in Support of Petition in Delta Smelt Case

As we reported here, on October 6, 2014, a number of public water agencies and other entities that represent agricultural and municipal water users in California filed a petition for writ of certiorari with the U.S. Supreme...more

Fifth Circuit Holds that the Army Corps of Engineers' Jurisdictional Determination Does Not Constitute a Reviewable "Final Agency...

On July 30, 2014, the United States Court of Appeals for the Fifth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) is not a final agency action subject to...more

Fifth Circuit Rejects Strict Liability Standard and Reverses Trial Court Decision Imposing Endangered Species Act Section 9...

In The Aransas Project v. Shaw, the Fifth Circuit reversed a lower court’s finding that the Texas Commission on Environmental Quality violated section 9 of the Endangered Species Act through its combined actions and inactions...more

Court Allows EPA To Stop Ongoing Projects, Years After Permits Were Granted

In 2007, Mingo Logan Coal Company received a Clean Water Act permit from the U.S. Army Corps of Engineers to discharge dredged or fill material from a mountain top coal mine in West Virginia into three...more

D.C. Circuit Holds EPA Can Invalidate a Clean Water Act Section 404 Permit After It Is Issued

In a ruling that adds to the complexity of the federal regulatory landscape, the United States Court of Appeals for the District of Columbia held that the Environmental Protection Agency ("EPA") has the authority to...more

California Releases Yet Another Preliminary Draft BDCP

On March 14, 2013, the State of California announced that it has released the first 4 of 12 chapters of the Bay Delta Conservation Plan (BDCP). California plans to release the next three chapters on March 27, and the...more

3/19/2013  /  Habitat Conservation Plan , Water

Northern California House Members Introduce Bill To Raise A Hurdle To Bay Delta Conservation Plan

Recently, House Representatives John Garamendi (D-Fairfield, CA), Jerry McNerney (D-Stockton, CA), Doris Matsui (D-Sacramento, CA), George Miller (D-Martinez, CA), and Mike Thompson (D-St. Helena, CA) introduced H.R. 6484...more

10/17/2012  /  Conservation , Flood Zones , Water
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