Welcome to Nossaman’s California Water Views – 2026 Outlook.
Water is simple. Water issues are complex. To provide more clarity, we asked our attorneys who are committed to the water sector to identify the pivotal issues...more
5/5/2026
/ California ,
Clean Water Act ,
Climate Change ,
Construction Project ,
Drought ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Infrastructure ,
International Emergency Economic Powers Act (IEEPA) ,
Inverse Condemnation ,
NPDES ,
Property Owners ,
Public Utility ,
Regulatory Oversight ,
State Water Boards ,
Supply Chain ,
Utilities Sector ,
Water ,
Water Management ,
Water Projects ,
Water Quality ,
Waters of the United States
Endangered Species Act (ESA) administration has seen significant shifts during the past decade, including changes to ESA implementing regulations, policies, and guidance, and a number of significant decisions by federal...more
4/23/2026
/ Administrative Procedure Act ,
Chevron Deference ,
Critical Habitat ,
Endangered Species Act (ESA) ,
Environmental Litigation ,
Environmental Policies ,
Final Rules ,
Government Agencies ,
National Marine Fisheries Service ,
National Security ,
Permits ,
Proposed Rules ,
Regulatory Reform ,
Rescission ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
US Fish and Wildlife Service
On April 16, 2026, the California Fish and Game Commission voted unanimously to designate Bendire’s thrasher (Toxostoma bendirei) and LeConte’s thrasher (Toxostoma lecontei) as candidate species under the California...more
4/23/2026
/ California ,
California Endangered Species Act ,
California Fish and Game Commission ,
Center for Biological Diversity ,
Conservation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Infrastructure ,
Permits ,
Renewable Energy ,
US Fish and Wildlife Service
On April 3, 2026, the final rescission of the U.S. Fish & Wildlife Service and National Marine Fisheries Service (together, Services) definitions of the term “harm” from their respective Endangered Species Act (ESA)...more
4/7/2026
/ Chevron Deference ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Executive Orders ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
OIRA ,
Rulemaking Process ,
US Fish and Wildlife Service
On Tuesday, March 31, 2026, the Endangered Species Committee (Committee) – colloquially known as the God Squad – met in Washington, DC at the request of the Secretary of War, Pete Hegseth. The Committee is made up of...more
3/31/2026
/ Appeals ,
Department of Defense (DOD) ,
Department of the Interior ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Litigation ,
Environmental Policies ,
Exemptions ,
National Security ,
Oil & Gas ,
Regulatory Reform ,
Section 7 ,
US Fish and Wildlife Service
On August 12, 2025, the U.S. District Court for the Western District of Texas (Midland Odessa Division) granted the U.S. Fish and Wildlife Service’s (Service) request to vacate and remand the agency’s final rule (Final Rule)...more
Fundamental changes are in the works for energy, transportation and water project development as federal agencies are implementing new policies and have begun updating their rules in response to President Trump’s numerous...more
Fundamental changes are in the works for energy, transportation and water project development as federal agencies are implementing new policies and have begun updating their rules in response to President Trump’s numerous...more
7/22/2025
/ Continuing Legal Education ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
Environmental Policies ,
Executive Orders ,
NEPA ,
Transportation Industry ,
Trump Administration ,
Water ,
Water Projects ,
Webinars
The intricacies of the Waters of the U.S. (WOTUS) definition continue to evolve, especially with recent changes initiated under the Trump administration and landmark clarifications from the Supreme Court's Sackett v. EPA...more
Water is simple. Water issues are complex. To provide more clarity, we asked our attorneys who are committed to the water sector to identify the pivotal issues they’re watching now and for the year ahead. Their perspectives...more
5/20/2025
/ California ,
Clean Water Act ,
Climate Change ,
Construction Contracts ,
Environmental Policies ,
Infrastructure ,
Regulatory Requirements ,
Tariffs ,
Utilities Sector ,
Water ,
Water Quality ,
Water Supplies
On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published a notice in the Federal Register proposing to rescind the Services’ respective...more
On March 29, 2025, the U.S. District Court for the Western District of Texas (District Court) vacated the Endangered Species Act (ESA) special 4(d) rule for the northern distinct population segment (DPS) of the lesser...more
Just two months into President Trump’s second term, project applicants are navigating a series of changes to U.S. Army Corps of Engineers’ (Corps) Clean Water Act (CWA) Section 404 permitting. Upon his inauguration, President...more
Ever since the U.S. Court of Appeals for the D.C. Circuit declared in Marin Audubon that the Council on Environmental Quality (CEQ) had no authority to issue binding National Environmental Policy Act (NEPA) regulations,...more
2/24/2025
/ CEQ ,
Constitutional Challenges ,
En Banc Review ,
Environmental Policies ,
Executive Orders ,
National Park Service ,
National Parks ,
NEPA ,
Regulatory Authority ,
Regulatory Reform ,
Rulemaking Process
Since January 20, 2025, there have been a number of executive orders and agency guidance and memoranda that have the potential to impact a wide range of industries nationwide. While the full impact of these actions is not yet...more
On January 20, 2025, President Trump issued Executive Order 14154, “Unleashing American Energy,” which requires all agencies to identify actions that potentially burden deployment of domestic energy resources and develop...more
In the two weeks following his second-term inauguration, President Donald Trump issued dozens of executive orders, many of which focus on energy independence and streamlining governmental approvals. The long-term...more
2/4/2025
/ Clean Water Act ,
Department of Energy (DOE) ,
Department of Transportation (DOT) ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Policies ,
Executive Orders ,
NEPA ,
Oil & Gas ,
Regulatory Reform ,
Renewable Energy
Since January 20, 2025, there have been a number of executive orders and agency guidance and memoranda that have the potential to impact a wide range of industries nationwide. While the full impact of these actions is not yet...more
On January 20, 2025, the U.S. Fish & Wildlife Service (Service) will publish a positive 90-day finding on a 2016 petition (Petition) to delist the golden-cheeked warbler (Setophaga chrysoparia) (GCWA). The decision comes on...more
On January 7, 2025, the U.S. Fish and Wildlife Service (Service) announced that, following the completion of the Service’s 5-year status review (5-year Review) of the golden-cheeked warbler (Setophaga chrysopharia) (GCWA),...more
On December 10, 2024, the U.S. Fish and Wildlife Service (Service) released its long-anticipated listing proposal for the monarch butterfly (Danaus plexippus), along with a proposed critical habitat designation and...more
In a sign of the times, both petitioners and respondents filed petitions for rehearing en banc of the recent decision of a split panel of the United States Court of Appeals for the D.C. Circuit that held that the Council on...more
Today, the U.S. Fish and Wildlife Service (Service) announced it had opened status reviews for 38 species of plants, wildlife, and fish endemic to Texas, New Mexico, and Arizona (Southwest Species). Section 4(c) of the...more
On November 12, 2024, a divided (2-1) panel of the U.S. Court of Appeals for the D.C. Circuit issued a ruling invalidating the Council on Environmental Quality’s (CEQ) National Environmental Policy Act (NEPA) regulations...more
On September 5, 2024, the U.S. District Court for the Western District of Texas held in General Land Office v. U.S. Department of the Interior, that the U.S. Fish and Wildlife Service (Service) improperly denied a petition to...more