News & Analysis as of

Environmental Litigation Water Rights

Perkins Coie

Court Upholds EIR for Kern River Diversion and Storage Project

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A California Court of Appeal held that the EIR for a public water authority’s river diversion and water storage project adequately described the unadjudicated waters to be diverted and adequately analyzed impacts to water...more

Schwabe, Williamson & Wyatt PC

Winters Water Rights Revived After Navajo Nation Case

For more than a century, since Winters v. United States, 207 U.S. 564 (1908), the Supreme Court has recognized that when the United States establishes a Native reservation, it impliedly reserves sufficient water rights to...more

Perkins Coie

State Water Board Registrations of Small Water Diversions Are Ministerial and Exempt from CEQA

Perkins Coie on

The State Water Resources Control Board’s registrations of small water diversions are ministerial projects and hence exempt from CEQA. As such, allegedly erroneous registrations cannot be challenged under CEQA. Mission Peak...more

Pillsbury - Gravel2Gavel Construction & Real...

In Review: SCOTUS Environmental and Administrative Decisions in the 2020 Term

Several decisions of interest were issued in the 2020 term, which stretched from October 2020 until early July 2021. This review will concentrate on environmental and administrative law cases....more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: “Inholdings” Upheld, a Pecos Bill Come Due and Agency Actions Abound

Here are some significant environmental and regulatory rulings and administrative actions from December 2020. THE U.S. SUPREME COURT - Texas v. New Mexico On December 14, 2020, the U.S. Supreme Court decided a water rights...more

K&L Gates LLP

Supreme Court's 2020–2021 Preview: Interstate Water Rights

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As climate change accelerates, clashes between states over water rights are heating up due to this resulting strained resource. The only court with authority to adjudicate these interstate disputes is the U.S. Supreme Court....more

Beveridge & Diamond PC

With This Tie, There Is a Winner: 4-4 SCOTUS Ruling Results in Victory for Native Americans and a Clear Mandate for Washington to...

Beveridge & Diamond PC on

In most instances, a tie means there is no winner and no loser. Not so with the U.S. Supreme Court’s 4-4 tie in the “Culverts Case” (one branch of the sprawling U.S. v. Washington case) on June 11, 2018. Instead, by...more

Stoel Rives LLP

Supreme Court Affirms Ninth Circuit’s Decision in Culverts Case

Stoel Rives LLP on

Today the United States Supreme Court issued a 4-4 per curiam decision (Justice Kennedy was recused) affirming the United States Court of Appeals for the Ninth Circuit’s decision in the Culverts case, which is the latest...more

Allen Matkins

California Environmental Law & Policy Update - March 2016 #3

Allen Matkins on

Environmental and Policy Focus - Bill would limit communications with California Coastal Commission: Santa Barbara Independent - Mar 23 - State Senator Hannah-Beth Jackson announced plans to introduce a bill...more

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