News & Analysis as of

Dams

Did I Forget the “Dam” Licence? A Primer on B.C.’s Regulatory Power Over Water Storage Facilities

Should waves of concern wash over British Columbia after the Canadian Centre for Policy Alternatives sent a letter to the B.C. Environmental Assessment Office claiming nearly 60 unlicensed dams were built in northeast B.C. to...more

Potential Remedy for Addicks & Barker Reservoir Release Victims

by Strasburger & Price, LLP on

On August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane, settling in the lower Texas gulf coast and inundating southeast Texas with almost 50 inches of water over a four-day period. The storm caused...more

Ninth Circuit Expands Tribal Treaty Rights in Culvert Decision That Threatens Economic and Industrial Development on Fish-Bearing...

by Stoel Rives LLP on

In the matter of United States et al. v. Washington, case number 13-35474, the U.S. Court of Appeals for the Ninth Circuit concluded in 2016 that in building and maintaining barrier culverts, the State of Washington had...more

A potpourri of Northern California news, including the latest on Lake Oroville

by Downey Brand LLP on

Good day! Today we feature a series of little squibs of what has been happening in the past two weeks. All of the information below is confirmed, and all of it is notated with additional context. But we did want to share with...more

A Scary Dam Cat

by Zelle LLP on

The February 12, 2017 emergency evacuation of nearly 200,000 California residents living in and around the town of Oroville, downstream from the Oroville Dam, was a stunning reminder of the ironic danger created by major...more

California Environmental Law & Policy Update - February 2017 #4

by Allen Matkins on

Environmental and Policy Focus - Governor Brown wants to spend nearly $450 million on flood control following dam emergency - Sacramento Bee - Feb 24 - After successfully appealing to the Trump...more

Who Would Face Liability For Oroville Dam Management?

On Feb. 12, 2017, the Butte County, California, sheriff ordered the evacuation of more than 180,000 people in the communities surrounding California’s Oroville Dam after officials spotted severe erosion in the dam’s emergency...more

Managing Water Releases From Dams to Protect Fish: A Tale of Good Legislation and Bad Engineering

Earlier this week, the 9th Circuit found that the Bureau of Reclamation had authority under 1955 legislation to order additional releases of water to the Trinity River from the Lewiston Dam beyond the amount designated in an...more

California Environmental Law & Policy Update - February 2017 #3

by Allen Matkins on

Environmental and Policy Focus - Scott Pruitt confirmed to lead EPA - Los Angeles Times - Feb 17 - President Donald Trump’s nominee to run the Environmental Protection Agency (EPA), a climate-change...more

California Environmental Law & Policy Update - December 2016 #3

by Allen Matkins on

Environmental and Policy Focus - Trump picks Perry for top U.S. energy job - Reuters - Dec 15 - President-elect Donald Trump on Wednesday named former Texas Governor Rick Perry to head the U.S. Department...more

Stop the Presses: Nuclear Power Still Does Not Emit Greenhouse Gases

On Monday, the TVA announced that Watts Bar Unit 2 had successfully completed what is known as its final power ascension test. It is now producing 1,150 MW of power in pre-commercial operation. Though EnergyWire did report...more

Renewable Energy Update - September 2016 #5

by Allen Matkins on

Renewable Energy Focus - California ramps up energy storage plans with enactment of four new bills - Renewable Energy World - Sep 28 - California Governor Jerry Brown on September 27 signed four new bills...more

Dam Safety Ad Hoc Committee Update - Public Policy Alert from the South Carolina State House

by Nexsen Pruet, PLLC on

David Wilson from the Department of Health and Environmental Control (DHEC) addressed the Dam Safety Ad Hoc Committee to give members an update on the current status of dams across South Carolina. He informed the Committee...more

Massachusetts Legislature Passes Compromise Energy Bill

Last Sunday, the Massachusetts Legislature passed a compromise energy bill to significantly increase electricity produced by renewable energy sources. The state’s utilities will be required to purchase power from on and...more

Massachusetts Legislature Passes Clean Energy Legislation

Overview - Late Sunday night, the Massachusetts Legislature passed a compromise energy bill that will significantly increase electricity produced by offshore wind, hydropower and other renewable energy sources. The...more

California Environmental Law & Policy Update - July 2016

by Allen Matkins on

Environmental and Policy Focus - South Coast AQMD plan would fight smog mainly through incentives, not rules - Los Angeles Times - Jun 30 - The South Coast Air Quality Management District's draft Air Quality...more

California Environmental Law & Policy Update - July 2016

by Allen Matkins on

Environmental and Policy Focus - Judge invalidates long-fought Delta management plan Sacramento Bee - Jun 24 - In a decision that could delay or complicate Governor Jerry Brown’s plan to build two huge...more

California Environmental Law & Policy Update - April 2016 #2

by Allen Matkins on

Environmental and Policy Focus - Federal and state officials sign Klamath River dam removal deal - San Jose Mercury News - Apr 7 - The governors of California and Oregon and several other state, federal, power,...more

Renewable Energy Update - February 2016

by Allen Matkins on

Renewable Energy Focus - PG&E launches program to let all customers go 100 percent solar - Solar Industry Magazine - Feb 3 - Pacific Gas and Electric Co. (PG&E) has officially launched its previously...more

Take Two! Frogs, Water, and the Endangered Species Act in Oregon

by Davis Wright Tremaine LLP on

In late December we reported on a lawsuit filed by the Center for Biological Diversity (“Center”) that alleges the U.S. Bureau of Reclamation (“BOR”) is violating the Endangered Species Act (“ESA”) through its operation and...more

California Environmental Law & Policy Update - October 2015 #4

by Allen Matkins on

Environmental and Policy Focus - Exide cleanup: Los Angeles County approves $2 million to facilitate lead removal at homes: Los Angeles Times - Oct 27: Los Angeles County supervisors, frustrated by what they say is a...more

Coverage Not Limited to Schedule of Locations in Fight Over Dam Liabilities

by Carlton Fields on

In C. Brewer & Co., Ltd. v. Marine Indem. Ins. Co. of Am., No. SCWC-28958 (Haw. Mar. 27, 2015), the Supreme Court of Hawaii ruled that liability coverage is not limited to only those locations defined in an insurer’s schedule...more

California Environmental Law & Policy Update - January 2015 #3

by Allen Matkins on

Environmental and Policy Focus - Rail case heading to state Supreme Court: Willits News - Jan 27: The Supreme Court of California has accepted review of a lower court decision holding that federal law implemented by...more

California Environmental Law & Policy Update - December 2014 #3

by Allen Matkins on

Environmental and Policy Focus - California needs 11 trillion gallons of water to recover from the drought: Los Angeles Times - Jan 17: A series of recent rainstorms helped deposit needed moisture to California,...more

Fourth District Addresses CEQA Issues Concerning Standing, Mitigation, Baseline, Piecemealing, And Responses To Comments In...

by Miller Starr Regalia on

In a published decision filed October 31, 2014 (Paulek v. California Department of Water Resources (4th Dist., Div. 2, 2014) ___ Cal.App.4th ____, Case No. E060038), the Fourth District Court of Appeal affirmed the Riverside...more

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