A California Superior Court judge ruled last week that Sonoma County must do more to ensure responsible groundwater pumping under the state’s Public Trust Doctrine, which holds that rivers, creeks, and other waterways are...more
The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) in a June 20th Opinion addressed a taking issue arising out of flooding due to a dam collapse. See Bruneau v. Midland County, et al., No. 23-1761. ...more
The U.S. Environmental Protection Agency (EPA) on Monday finalized tougher methane reporting standards that could increase the number of oil and gas companies that must pay fees for excess methane emissions....more
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
Le 26 février 2024, la Cour d’appel de la Colombie-Britannique (la « Cour d’appel ») a rendu sa décision dans l’affaire Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc., confirmant le rejet par la Cour suprême de la...more
On February 26, 2024, the British Columbia Court of Appeal (Court) issued its decision in Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc., upholding the B.C. Supreme Court’s dismissal of nuisance claims brought by two...more
The U.S. Chamber of Commerce, California Chamber of Commerce, American Farm Bureau Federation, and other groups sued California on Tuesday in federal court over the most sweeping climate disclosure mandates in the nation,...more
A San Jerardo cooperative in the Salinas area, together with environmental organizations, have sued the state, demanding stricter rules to govern the amount of fertilizer farmers can use. They allege that nitrate...more
The John O. Nix Trust (“Nix”) filed an October 10th Complaint in Miller County, Arkansas, Circuit Court against Bradley Enterprise & Farm, LLC, (“Bradley”) and Drainage Districts No. 4 & 5 (“District”) addressing the...more
In a per curiam decision on October 3, 2023, the US Court of Appeals for the Sixth Circuit affirmed that the Federal Power Act prevents tort suits against the United States relating to damage caused by dams that are licensed...more
Macy’s has been ordered to pay $1.6 million for environmental violations across its 98 California stores to settle a lawsuit filed by district attorneys from 25 California counties and two city attorneys. Macy’s “illegally...more
The California State Senate has passed Senate Bill 605, which directs the California Energy Commission to evaluate the feasibility, costs, and benefits of using wave energy and tidal energy in the state, sending the bill to...more
This morning, everyone who lives or works near the Barrett Pond Park Dam in Leominster, Massachusetts has been told evacuate immediately. Yesterday a foot of rain fell on the area and the future of the dam is, at best,...more
A bill introduced in the U.S. Senate seeks to protect composting, recycling, and garbage facilities from cleanup cost liability if they receive and manage solid waste or biosolids containing PFAS compounds....more
Recently, the United States District Court for the Northern District of California refused to dismiss a lawsuit filed by a concerned citizen against the U.S. Army Corps of Engineers (Corps) and National Marine Fisheries...more
The United States Court of Appeals for the Seventh Circuit (Seventh Circuit) addressed in a February 13th Opinion an issue arising out of the removal of a dam that significantly reduced the river water level, adversely...more
A Complaint in Equity for Injunctive Relief and for Emergency Relief (“Complaint”) was filed on January 26th in the Circuit Court of Garland County, Arkansas, (Civil Division) addressing stormwater flow between two adjacent...more
The United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) addressed in a December 20th Opinion an issue involving the Federal Energy Regulatory Commission (“FERC”) licensing process. See...more
On November 17, the U.S. Fish and Wildlife Service (Service) announced that $38 million in grant funding is available in fiscal year 2023 for fish passage projects. The goal is to award this funding to projects that address...more
California unveils plan to reach carbon neutrality by 2045 - Los Angeles Times – November 16 The California Air Resources Board (CARB) on Wednesday released a scoping plan outlining in broad strokes how the state intends to...more
On November 17, 2022, the Federal Energy Regulatory Commission (“FERC”) voted unanimously to issue an Order Modifying and Approving Surrender License and Removal of Project Facilities Order (“Order”) for the Lower Klamath...more
The Federal Energy Regulatory Commission issued an order on November 17, 2022, approving the surrender of the FERC license for the Lower Klamath Project. This order authorizes the decommissioning and removal of four...more
The Arkansas Department of Agriculture announced in a November 7th news release that its Natural Resources Division (“NRD”) has been approved for a Federal Emergency Management Agency (“FEMA”) Rehabilitation of High Hazard...more
Reversing the district court, a divided panel of the Ninth Circuit held that that the Bureau of Reclamation and a local water agency have discretion to release water from Twitchell Dam on the Santa Maria River on the Central...more
In County of Butte v. Dep’t of Wat. Resources (2022) 13 Cal.5th 612, issued on August 1, 2022, the California Supreme Court carved out a role for the California Environmental Quality Act (“CEQA”) even where the project is...more