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California Environmental Law & Policy Update 7.26.24

An environmental advocacy organization on July 23 filed a lawsuit against the City of Los Angeles over the Port of L.A.'s stormwater treatment system. At issue is a 53-acre portion of the port on Terminal Island where...more

California Environmental Law & Policy Update 5.31.24

The U.S. Supreme Court on Tuesday agreed to consider whether federal and state agencies must clearly define limits on wastewater pollution when issuing discharge permits. The high court took up the City of San Francisco’s...more

California Environmental Law & Policy Update 4.26.24

The Biden administration on Tuesday announced a goal to protect and restore 8 million acres of wetlands over the next six years in an effort to counter development pressures and recently weakened federal regulations. The new...more

California Environmental Law & Policy Update 10.06.23

The U.S. Environmental Protection Agency (EPA) has finalized a rule that will provide the agency, its partners, and the public with a dataset of certain per- and polyfluoroalkyl substances (PFAS) manufactured and used in the...more

California Environmental Law & Policy Update 9.15.23

The Biden administration is restoring significant state and tribal authority over water resources and expanding their leverage on infrastructure permitting decisions, including for pipelines. With a final rule announced this...more

California Environmental Law & Policy Update 8.11.23

Monterey County's voter-approved ban on new oil and gas wells is invalid because state law authorizes and promotes oil and gas production, the state Supreme Court ruled unanimously last Thursday. Next year, California voters...more

California Environmental Law & Policy Update 7.28.23

Twenty-two attorneys general, led by California Attorney General Rob Bonta, urged a federal court this Wednesday to reject a proposed $10.3 billion settlement over contamination of U.S. public drinking water systems with...more

California Environmental Law & Policy Update 7.21.23

The California State Water Resources Control Board (SWRCB) is accepting public comment through July 28 on new recommendations to expedite permits for seawater desalination plants in the state....more

California Environmental Law & Policy Update - 6.30.23

Federal officials on Wednesday announced $52 million in new funding for the U.S. Environmental Protection Agency (EPA) to perform two dozen projects around San Francisco Bay to restore wildlife, expand wetlands, and reduce...more

California Environmental Law & Policy Update - 4.14.23

A federal judge in North Dakota on Wednesday temporarily blocked implementation of a Biden administration rule establishing protections under the federal Clean Water Act for seasonal streams and wetlands in 24 states....more

California Environmental Law & Policy Update - 3.31.23

Relying on the Congressional Review Act, which allows Congress to block recently adopted executive branch regulations, Congress on Wednesday approved a resolution to overturn the Biden administration’s planned protections for...more

California Environmental Law & Policy Update - 3.03.23 - #1

Idaho has joined a Texas lawsuit over a new interpretation of the Clean Water Act’s “waters of the United States” (WOTUS) rule, alleging that it is too vague, oversteps the bounds of federal authority, and puts the liberties...more

California Environmental Law & Policy Update - 2.24.23

A Ninth Circuit panel on Tuesday revived a Trump-era Clean Water Act regulation, finding that U.S. District Judge William Alsup erred when vacating a Trump administration revision of the “Clean Water Act 401 Certification...more

California Environmental Law & Policy Update-1.27.23 #4

The fossil fuel industry is asking the U.S. Supreme Court to resolve a legal battle over hydraulic fracturing off the California coast — a fight companies say carries “enormous practical and legal significance.”...more

California Environmental Law & Policy Update - 1.20.23 - #3

Texas Attorney General Ken Paxton and numerous industry associations on Wednesday filed lawsuits in Texas district court over the new U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers’ definition of...more

California Environmental Law & Policy Update - 12.30.22

The Biden administration today finalized its definition of which wetlands and waterways are protected by the Clean Water Act. The rule from the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers...more

California Environmental Law & Policy Update - December 2022

EPA floats sharply increased social cost of carbon - E&E News – November 21 - The U.S. Environmental Protection Agency (EPA) has proposed a new estimate for the social cost of carbon emissions, nearly quadrupling an interim...more

California Environmental Law & Policy Update - October 2022 #2

U.S. Supreme Court leans toward limiting scope of Clean Water Act - U.S. News & World Report – October 3 - U.S. Supreme Court justices on October 3 appeared open to limiting the reach of the U.S. Environmental Protection...more

California Environmental Law & Policy Update - October 2022

U.S. Supreme Court leans toward limiting scope of Clean Water Act - U.S. News & World Report – October 3 - U.S. Supreme Court justices on October 3 appeared open to limiting the reach of the U.S. Environmental Protection...more

California Environmental Law & Policy Update - September 2022 #2

California becomes first state to test drinking water for microplastics - San Francisco Chronicle – September 7 - On Wednesday, California became the first state to begin requiring water agencies to test for microplastics,...more

California Environmental Law & Policy Update - August 2022

Sonoma County vintner to pay $925,000 in environmental damage settlement Bullet The Press Democrat – July 31 The Sonoma County District Attorney’s Office last Friday announced that a $925,000 settlement had been reached with...more

California Environmental Law & Policy Update - July 2022 #4

U.S. Fish and Wildlife Service reverses changes to Endangered Species Act’s habitat rule - Associated Press - July 20 - The U.S. Fish and Wildlife Service (USFWS) on Wednesday canceled a Trump administration policy...more

California Environmental Law & Policy Update - June 2022

EPA moves to give states and tribes more power to protect water - Associated Press - June 2 - The U.S. Environmental Protection Agency (EPA) on Thursday proposed to undo a Trump-era rule limiting the power of states and...more

California Environmental Law & Policy Update - April 2022 #2

Supreme Court reinstates Trump-era water rule, for now Bullet Associated Press - April 6 The Supreme Court this Wednesday reinstated a Trump-era rule curtailing the power of states and Native American tribes to block...more

The Still Murky Permitting Requirements Under the Clean Water Act after County of Maui Spawn Highly Fact-Intensive Inquiries

In last year’s Land Use, Environmental & Natural Resources Update 2021 Update, we reported on the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund (County of Maui), 590 U.S. __; 140 S. Ct. 2778 (2020),...more

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