This year marks the 10th anniversary of a major milestone in California water law history: the enactment of the Sustainable Groundwater Management Act (SGMA) in 2014. This landmark legislation signaled a critical step toward...more
The U.S. Food and Drug Administration – acting under its Food Safety Modernization Act (FSMA), as amended, 21 U.S.C. § 2201 et seq., to address the safety of all FMSA-covered produce other than sprouts (Covered Produce) – on...more
This post is the second in a series on four key power plant rules that the Environmental Protection Agency recently released. It discusses the rule on requirements governing disposal of coal combustion residuals at inactive...more
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
On November 13, 2023, the Sixth District Court of Appeal issued the first published decision interpreting California’s Sustainable Groundwater Management Act (“SGMA”) in City of Marina et al., v. County of Monterey et al.,...more
A recent insightful Law360 Expert Analysis by my Integral colleague R. Jeffrey Davis (“Regulators Must Get Creative To Keep Groundwater Flowing”; September 8, 2023) discussed challenges and possible solutions to the problem...more
Over the past five weeks, we have described the wide range of water resources available to meet Arizona’s current and future needs. These resources include groundwater, in-state surface water, Colorado River water, long-term...more
As a consequence of the efforts by EPA and state environmental authorities throughout New England and beyond to update wastewater treatment requirements, including management of the sludge produced, significant questions and...more
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
On Nov. 14, 2022, the Colorado Water Quality Control Commission (WQCC) adopted new regulations to authorize and guide water suppliers in implementing Direct Potable Reuse (DPR). DPR is the process of directly connecting fully...more
California legislators reject bill to curb agricultural groundwater pumping - The Bakersfield Californian – September 4 - California lawmakers have rejected proposed legislation seeking to rein in agricultural...more
On August 11, 2022, Governor Gavin Newsom released California’s Water Supply Strategy – Adapting to a Hotter, Drier Future. The 19-page plan is designed to help the state adapt to the impacts of climate change on its water...more
As severe drought conditions continue across the western U.S., Allen Matkins will begin publishing a quarterly newsletter focused on recent legal, regulatory, and policy issues impacting water users and suppliers in...more
The past few weeks have been active ones for California in assessing the severity of its current drought and how it plans to manage its water during the third year of that drought. On top of other, more localized action,...more
Modified Annual Water Diversion and Use Reporting Deadlines On September 23, 2021, Governor Newsom signed Senate Bill (“SB”) 115 into law, modifying the deadline and reporting period for annual water diversion and use...more
January 2022 was a busy month for the Sustainable Groundwater Management Act (SGMA). The California Department of Water Resources (DWR) issued remaining assessments for groundwater sustainability plans (GSPs) for critically...more
Limited water supply, restrictions on use, and higher costs may be in store for next year if the state’s drought conditions persist. This year has been critically dry and hot for California, resulting in déjà vu as the...more
Last week, on Nov. 18, 2021, the California Department of Water Resources (DWR) released assessments of eight additional Groundwater Sustainability Plans (GSPs), adding to the four assessments released as reported in our June...more
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
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
The wait is over for some Groundwater Sustainability Agencies (GSAs). The California Department of Water Resources (DWR) released the first Groundwater Sustainability Plan (GSP) assessments for four basins yesterday, June 3,...more
Earlier this month, the Department of Water Resources (DWR) released the draft California’s Groundwater – Update 2020. According to DWR’s website...more
In September 2020, the New Mexico Environment Department (NMED) finalized the settlement of an enforcement action against Cannon Air Force Base (CAFB), a federal facility, relating to the facility’s discharge of...more
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
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