On February 25, 2026, Governor Gavin Newsom launched the California Water Plan 2028, initiating a comprehensive, multi-year effort to modernize the State's water planning framework. Dubbed the “most ambitious water plan in...more
2/27/2026
/ Agricultural Sector ,
California ,
Climate Change ,
Drought ,
Groundwater ,
Infrastructure ,
New Legislation ,
Regulatory Requirements ,
State and Local Government ,
Sustainability ,
Sustainable Groundwater Management Act (SGMA) ,
Water ,
Water Conservation ,
Water Supplies
The California Public Utilities Commission (Commission) recently issued its Senate Bill 254 Information and Recommendations (Report) in response to Executive Order N-34-25 and the recent Senate Bill 254 (Becker, 2025) (SB...more
2/6/2026
/ California ,
Climate Change ,
Executive Orders ,
Insurance Industry ,
Insurance Regulations ,
Inverse Condemnation ,
Liability ,
New Legislation ,
Property Insurance ,
Public Utilities Commission ,
Regulatory Reform ,
Risk Management ,
Utilities Sector ,
Wildfires
On January 15, 2026, the U.S. Environmental Protection Agency (EPA) published a proposed rule titled “Updating the Water Quality Certification Regulations” (Proposed Rule). This rule implements changes to the Clean Water...more
1/21/2026
/ Chevron Deference ,
Clean Water Act ,
Comment Period ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Permits ,
Proposed Rules ,
Rulemaking Process ,
Section 401 ,
State and Local Government ,
Water ,
Water Quality
As announced via press release on November 10, 2025 and then officially in the Federal Register on November 13, the Environmental Protection Agency (EPA) proposed rolling back certain requirements related to reporting PFAS...more
In the wake of the January 2025 wildfires that devastated Southern California, the State adopted Senate Bill 254 (2025, Becker) aimed primarily at expanding the existing Wildfire Fund meant to facilitate payments for eligible...more
In the wake of devastating 2025 wildfires, Senate Bill 254 stands poised to reshape California's wildfire prevention, mitigation and funding strategies. From a groundbreaking $18 billion infusion into the state’s Wildfire...more
On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S....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
In this episode of Digging Into Land Use Law, Byron Gee, Willis Hon and Sara Johnson review in detail the recent Supreme Court opinion in City and County of San Francisco vs. EPA and its implications for Clean Water Act...more
On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S....more
3/6/2025
/ Clean Water Act ,
Discharge of Pollutants ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
NPDES ,
Permits ,
Regulatory Requirements ,
SCOTUS ,
Statutory Interpretation ,
Water Quality ,
Waters of the United States
The California State Water Resources Control Board (State Water Board) has begun its process to develop a new statewide Urban Stormwater Infiltration Policy. The goal of the proposed new policy is to establish statewide...more
On August 6, 2024, the Office of Administrative Law (OAL) approved the direct potable reuse (DPR) regulations that were previously adopted by the State Water Resources Control Board (State Water Board) on December 19, 2023....more
Per- and polyfluoroalkyl substances (PFAS) are at the top of every environmental regulator’s list in 2024 and already this year the United States Environmental Protection Agency (EPA) has taken key steps toward regulating...more
6/13/2024
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
RCRA ,
Superfund ,
Toxic Chemicals ,
Toxic Exposure ,
Water
Per- and polyfluoroalkyl substances, known as PFAS, are the emerging contaminant of concern for both regulators and the regulated community. For example, in a May 28 article in The New York Times, titled "Lawyers to Plastics...more
Water Agencies Beware Before Proceeding with Forced Municipalization -
California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more
5/24/2024
/ California ,
Condemnation ,
Construction Contracts ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Municipalities ,
New Regulations ,
PFAS ,
Public Contracts ,
Public Entities ,
State Water Boards ,
Storm Water ,
Utilities Sector ,
Water ,
Water Quality ,
Water Supplies
PART II -
As detailed in Part 1 of this eAlert, on April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS),...more
4/24/2024
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Superfund ,
Toxic Chemicals ,
Toxic Exposure ,
Wastewater
On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most common and well-known per- and...more
4/22/2024
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Superfund ,
Toxic Chemicals ,
Toxic Exposure
On April 10, 2024, the U.S. Environmental Protection Agency (EPA) announced its final National Primary Drinking Water Regulation (NPDWR) for six per- and polyfluoroalkyl substances (PFAS). This regulation represents a key...more
4/10/2024
/ Biden Administration ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Infrastructure ,
PFAS ,
Public Health ,
Regulatory Agenda ,
Toxic Chemicals ,
Toxic Exposure
UPDATE: The Commission adopted the Proposed OIR at its May 18, 2023 voting meeting and opened Rulemaking 23-05-018.
The California Public Utilities Commission (Commission) has uploaded a proposed Order Instituting...more
The California Public Utilities Commission (Commission) has uploaded a proposed Order Instituting Rulemaking(OIR) that would revamp the permitting process for siting of electric transmission infrastructure within the state of...more
5/9/2023
/ California ,
CPUC ,
Energy Projects ,
Energy Reform ,
Infrastructure ,
Permits ,
Regulatory Agenda ,
Regulatory Requirements ,
Renewable Energy ,
Rulemaking Process ,
Transmission Lines
On March 14, 2023, U.S. Environmental Protection Agency (EPA) announced the proposed National Primary Drinking Water Regulation (NPDWR) for six per- and poly fluoroalkyl substances (PFAS), including...more
Generally, if utilities with the right of eminent domain cause damage to private property during the operation of their facilities, they may face inverse condemnation liability. However, where the facility in question is not...more
On October 18, 2021, the Biden-Harris administration announced an updated government-wide “comprehensive approach” to address per- and polyfluoroalkyl substances (PFAS), a set of man-made chemicals that are widely used in a...more
10/28/2021
/ Biden Administration ,
CERCLA ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Agenda ,
Regulatory Reform ,
Toxic Chemicals ,
Toxic Exposure ,
Wastewater ,
Water Management
Yesterday, the Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency announced the release of a draft document for public review describing proposed Public Health Goals...more
When a property owner suffers damage as a result of the actions of a public agency or public improvement, the owner typically pursues typical tort causes of action against the agency, along with a claim for inverse...more