News & Analysis as of

Environmental Policies Groundwater Management Plan

Nossaman LLP

Construction & Claims: December 2023

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Welcome to Construction & Claims, a periodic digest of the headlines, statutory and regulatory changes and court cases involving construction news, claims, bid protests, contract administration and payment-related disputes....more

Nossaman LLP

Ninth Circuit Issues Clean Water Act Opinion Addressing Indirect vs. Direct Discharge and Notice Requirements

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On November 21, 2023, the Ninth Circuit Court of Appeals issued its decision in Cottonwood Environmental Law Center vs. Edwards addressing various Clean Water Act issues. Its two key holdings were that (1) the district court...more

Quarles & Brady LLP

Combating Misperception: Arizona Is Not Out Of Water; Construction Has Not Been Suspended

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Contrary to the catastrophic picture painted by news sources around the country, Arizona is not out of water, construction has not been suspended, and a construction moratorium has not been issued by the Governor. The real...more

Nossaman LLP

New Lawsuit Tests Application of Public Trust Doctrine to Groundwater, Well Permits and SGMA

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On June 23rd, California Coastkeeper Alliance (CCKA) filed the lawsuit California Coastkeeper Alliance v. County of Sonoma (Case No. SCV-268718) in Sonoma County Superior Court. According to CCKA’s website, the suit was filed...more

Nossaman LLP

Latest Milestone on the SGMA Timeline

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As the clock slowly ticks forward on California’s Sustainable Groundwater Management Act (SGMA) deadlines, earlier this month, the California Department of Water Resources (DWR) issued its first assessments of groundwater...more

Morgan Lewis

US Ordered to Pay $20.3 Million to ExxonMobil for Cleanup of Wartime Environmental Pollution

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The US District Court for the Southern District of Texas issued its third opinion on August 19 in the decade-long fight between Exxon Mobil Corporation (ExxonMobil) and the US government over who is responsible for the costs...more

Snell & Wilmer

Opportunities for Public Involvement Regarding the Pinal County Active Management Area

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We posted very recently about the public’s opportunity to shape water conservation policy in Arizona Active Management Areas (“AMAs”), but there are presently two other opportunities to develop Arizona water policy that the...more

Snell & Wilmer

Management Plan Work Group Offers Public Opportunity to Develop Water Policies

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Arizona’s 1980 Groundwater Code offers a unique opportunity for the public to get involved in shaping water policy through the process of adopting management plans for the Active Management Areas (“AMAs”). The process is...more

Bricker Graydon LLP

H2Ohio water quality plan unveiled

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On November 14, 2019, Ohio Governor Mike DeWine unveiled his long-awaited H2Ohio Water Quality Plan, a program aimed at reducing phosphorus runoff and harmful algal blooms, improving water infrastructure (including tackling...more

Best Best & Krieger LLP

Groundwater Recharge Projects Get Boost Under AB 658

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New California Law to Help Achieve SGMA Requirements - Assembly Bill 658, signed into law last week, creates new temporary diversion permits allowing for excess surface water capture during high-flow events. Permits...more

Pullman & Comley, LLC

Connecticut DEEP seeks to Overhaul Remediation Standards – Groundwater VOC Volatilization Criteria and Transition Provisions

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On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

Pierce Atwood LLP

2019 Summary of Key Environmental Legislation in Maine

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Pierce Atwood’s Environmental and Land Use Practice Groups are pleased to provide a summary of key environmental legislation from the 129th Maine Legislature’s First Regular Session, which adjourned sine die, on June 20,...more

Burr & Forman

EPA Speaks On Groundwater Permitting Issue

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On April 15, 2019, the U.S. Environmental Protection Agency (“EPA”) released a much-anticipated Interpretative Statement on Releases of Pollutants from Point Sources to Groundwater. ...more

Seyfarth Shaw LLP

USEPA Determines Pollutant Releases To Groundwater From Point Source Do Not Require NPDES Permit

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Seyfarth Synopsis: USEPA published an Interpretive Statement (dated April 12, 2019), that  according to the Agency “clarifies” that releases of pollutants to groundwater from a point source are “categorically excluded” from...more

Farrell Fritz, P.C.

East End Town Considering Novel Approach to Speed Up Groundwater Protection Efforts

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Long Island’s potable water supply comes from one place: aquifers. And as the population of Long Island continues to grow steadily upward, this vital subterranean resource faces both a growing demand and a growing threat of...more

Robinson & Cole LLP

Courts Still Trying to Plug the Clean Water Act’s Holes: Meanwhile, Tanks, Pipes, Pits, and Other Leaking Facilities Remain...

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OVERVIEW - In the past year, federal circuit courts have already issued five decisions addressing the question of whether permitting obligations and other liability under the Clean Water Act (CWA) apply to leaking pits,...more

Best Best & Krieger LLP

Groundwater Extraction Permits Not Subject to CEQA in San Luis Obispo County - Approval is a Ministerial Action, not subject to...

While California’s drought state-of-emergency has been lifted, legal battles aimed at limiting groundwater extractions linger....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Combustion Residuals: U.S. Environmental Protection Agency Finalizes Phase I Amendments

The United States Environmental Protection Agency (“EPA”) issued July 18th revisions to the 2015 regulations for the disposal of coal combustion residuals (“CCR”) from electric utilities and independent power producers. ...more

Best Best & Krieger LLP

Specific Agricultural Interests Added to SGMA

Farmers, ranchers and dairy professionals are now identified as being among the beneficial uses and users of groundwater whose interests must be considered under the Sustainable Groundwater Management Act. This is the result...more

Nossaman LLP

California Groundwater Pumpers May Be Subject to Proposed "State Intervention Fees" Under SGMA

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On March 8, 2017, the State Water Quality Control Board (“SWRCB”) released a draft emergency regulation that would impose new fees on some groundwater extractors. Written comments are due by Friday, April 7, 2017. The...more

Allen Matkins

California Environmental Law & Policy Update - March 2016

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Environmental and Policy Focus - Community and environmental groups sue South Coast Air District over rules adoption - Los Angeles Times - Mar 9 - Community groups and environmentalists filed suit this week...more

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