News & Analysis as of

Groundwater

California Supreme Court Holds Groundwater Pumping Charges Are Not Property-Related Charges Subject to Proposition 218 - Case May...

by Best Best & Krieger LLP on

The California Supreme Court concluded recently that a local water agency’s groundwater pumping charges are not property-related charges subject to the substantive and procedural requirements of California Constitution...more

California Supreme Court Confirms Certain Groundwater Pumping Charges are Outside Scope of Prop 218

by Downey Brand LLP on

On December 4, the California Supreme Court ruled that groundwater pumping charges levied to fund a basin-wide conservation and management program were not property-related fees subject to Proposition 218. The decision, City...more

When Is a Discharge to Groundwater Subject to the Clean Water Act? Can You Say “Significant Nexus”?

Whether the Clean Water Act regulates discharges to groundwater has been a topic of significant debate.  At this point, there seems to be something of a trend in the cases towards concluding it does, but it remains true that...more

Grandfathered Facilities Must Register With Susquehanna River Basin Commission to Preserve Exempt Status

by Pepper Hamilton LLP on

The Susquehanna River Basin Commission (SRBC) is launching a registration program for grandfathered facilities, which are older facilities that began operating before applicable regulations became effective and that have...more

Federal Court in California Greenlights Discovery After Sufficient Lone Pine Submissions

by Beveridge & Diamond PC on

In a case demonstrating the limits of a Lone Pine strategy, a California federal court allowed a toxic tort class action to proceed after plaintiffs’ experts showed that “Plaintiffs’ case is not meritless or frivolous.” The...more

Ohio Natural Resources Damages Claim Dismissed with Prejudice for Failure to Properly Serve Defendant

by Beveridge & Diamond PC on

Demonstrating the importance of timely service of process in complex environmental cases, a federal court in Ohio dismissed CERCLA natural resource damages claims and related state statutory actions for the state’s failure to...more

Property Ownership and Water Supply Sources Matter in PFOA Contamination Lawsuits

by Beveridge & Diamond PC on

Illustrating some limitations on common law claims for groundwater contamination, a federal court in New York partially granted and partially denied a motion to dismiss in a cluster of sixteen lawsuits alleging...more

U.S. Supreme Court Considering Case with Major Implications for Western Water Rights

by Snell & Wilmer on

Several months ago, an earlier post in this blog described a decision by the Ninth Circuit Court of Appeals that recognized a federal reserved water right to groundwater [see Ninth Circuit Holds that Federal Reserved Water...more

Arkansas Natural Resources Commission Strategic Plan: FY2018 – FY2019

By: Walter G. Wright Category: Arkansas Environmental, Energy, and Water Law Arkansas Environmental, Energy, and Water Law Download PDF The Arkansas Natural Resources Commission (“ANRC”) recently issued its Strategic Plan...more

First District Rejects CEQA Challenges to SWRCB’s Revised Environmental Document and Approval of Northern California Coastal...

by Miller Starr Regalia on

In a published opinion filed September 28, 2017, the First District Court of Appeal affirmed the Alameda County Superior Court’s judgment denying appellant Living Rivers Council’s (LRC) writ petition challenging the State...more

The Soft Underbelly of the Sustainable Groundwater Management Act

by Clark Hill PLC on

Winston Churchill once used the phrase the “soft underbelly of Europe” to attempt to coax the Allies into invading Europe to force Germany to split its resources. The Sustainable Groundwater Management Act (SGMA) also has a...more

The Rise of Vapor Intrusion

We have all been involved in investigating and remediating sites with soil and groundwater contamination. But another form of contamination has been recently gaining attention—vapor intrusion....more

California Environmental Law & Policy Update - September 2017 #5

by Allen Matkins on

Environmental and Policy Focus - U.S. and Mexico reach deal to conserve Colorado River water - McClatchy DC - Sep 27 - The United States and Mexico unveiled a nine-year agreement Wednesday to preserve the...more

Underground Storage Tank Closure/Environmental Assessment: Commonground Blog Post Asks Whether A Data Gap is Considered a...

A September 14th post on the blog Commonground asks if there is a scenario where a Data Gap/Data Failure is considered a recognized environmental condition (“REC”). The blog provides a forum to discuss a variety of issues...more

Clean Water Act Jurisdiction/Groundwater: National Association of Clean Water Agencies Amicus Brief

The National Association of Clean Water Agencies (“NACWA”) joined a number of organizations in filing an Amicus Brief on September 8th with the United States Court of Appeals for the Fourth Circuit in the case styled Upstate...more

Vapor Intrusion: Why Property Owners and Purchasers really need to pay attention

by Dickinson Wright on

An increasing degree of attention is being paid to instances of vapor intrusion, the process by which volatile chemicals migrate, in vapor form, from soil or groundwater into indoor air spaces of buildings. Even in the era of...more

Temporarily Tapped Out: More Time to Consider California's Clean Water Funding Bill

by Lewitt Hackman on

How deep does the clean water issue go in California? Let’s first take a look at some fairly recent and comprehensive findings: There was good news and bad news regarding the cleanliness of California’s drinking water,...more

California Environmental Law & Policy Update - September 2017 #2

by Allen Matkins on

Environmental and Policy Focus - Bill targeting Cadiz water transfer stalls in Senate committee - San Bernardino County Sun - Sep 1 - A bill designed to block the transfer of groundwater from the inland Southern...more

Podcast Episode 7 - Water and Condemnation with Professor Vanessa Casado Perez

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 7, two of Locke Lord’s Dallas Partners, Clint Schumacher and Jeff Mead, talk with Professor Vanessa Casado Perez on Water and Condemnation....more

Island Means Island: Pierce Atwood Successfully Defends Against Tribal Claim to Control State Waters

by Pierce Atwood LLP on

In 1980, the State of Maine, Congress, and Maine tribes entered into Settlement Acts to resolve claims that the tribes owned two-thirds of the State. In return for, among other things, federal recognition and money, the...more

California Environmental Law and Policy Update - August 2017 #4

by Allen Matkins on

Environmental and Policy Focus - Interior Department identifies 'a handful' of national monuments to shrink in its report to Trump - San Diego Union-Tribune - Aug 24 - The White House is getting ready to move on...more

A Win for Appropriative Water Rights

by Davis Wright Tremaine LLP on

In an unpublished opinion released August 24th, the Ninth Circuit rejected a long waged effort to upend the City of Bend’s water planning by forcing it to abandon its vested surface water rights in favor of an all-groundwater...more

California Environmental Law and Policy Update - August 2017 #2

by Allen Matkins on

Environmental and Policy Focus - New California law gives air quality officials power to quickly shut down industrial operations - Los Angeles Times - Aug 7 - Governor Jerry Brown on Monday signed legislation,...more

Property Needs Environmental Cleanup? Don't Scrap It, SCAP It!

by Lewitt Hackman on

Property owners in California may have access to state funds for environmental cleanup of smaller brownfields projects. The money comes from two pieces of environmental legislation passed in 2014....more

New Groundwater Contamination Case: TVA Ordered To Excavate Large Quantities of Coal Ash Waste

On August 4, the U.S. District Court for the Middle District of Tennessee issued a very significant ruling in the case of Tennessee Clean Water Network, et al., v. Tennessee Valley Authority. The District Court has ordered...more

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