News & Analysis as of

Groundwater California Environmental Quality Act

Allen Matkins

California Supreme Court Denies Petition for Review of Save Livermore Downtown v. City of Livermore

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On April 19, 2023 the California Supreme Court denied the petition for review of the Save Livermore Downtown v. City of Livermore decision issued by the California First District Court of Appeal, which was filed by opponents...more

Downey Brand LLP

Full Quantification of Water Rights Not Required for CEQA Review, Second District Declares

Downey Brand LLP on

On March 22, 2022, the Second District Court of Appeal published its Opinion in Buena Vista Water Storage District v. Kern Water Bank Authority, upholding the Environmental Impact Report (EIR) for the Kern Water Bank...more

Downey Brand LLP

Next Up for the Oakland A’s new stadium plan: another lawsuit

Downey Brand LLP on

While some have been enjoying the return of baseball, albeit without fans in the stands, the Oakland A’s are moving forward with their game plan for a new stadium in the Port of Oakland. However, relations with their...more

Downey Brand LLP

California Supreme Court Throws the Barn Doors Open, Finding That Groundwater Well Permits Aren’t Necessarily Ministerial

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On August 27, 2020, in Protecting Our Water and Environmental Resources v. County of Stanislaus, Case No. S251709 (“Protecting Our Water”), the California Supreme Court held that the County in that instance could not...more

Best Best & Krieger LLP

California Supreme Court Clarifies Ministerial vs. Discretionary Actions Under CEQA for Well Construction Permits

Decision in Protecting Our Water and Environmental Resources v. County of Stanislaus Case - In a long-awaited decision, the California Supreme Court addressed the circumstances under which a public agency may characterize...more

Best Best & Krieger LLP

New Environmental and Telecommunications Laws

Telecommunications - AB 1699 Telecommunications: mobile Internet service providers: first response agencies: emergencies - Fire officials experienced a significant data transmission slowdown of their mobile emergency...more

Alston & Bird

Environmental & Land Use Briefing - February 2019

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Welcome to Alston & Bird’s Environmental & Land Use Briefing, a summary of emerging issues and recent developments in environmental and land use law. ...more

Holland & Knight LLP

Environmental Screening Levels Ratchet Down: Implications for Regional Land Development - Corner Briefing: January 2019

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This Corner Briefing highlights new Environmental Screening Levels (ESLs) established by the San Francisco Regional Water Quality Control Board on Jan. 24, 2019. The new ESLs have the potential for making sites that cleared...more

Perkins Coie

Supreme Court To Decide If CEQA Review Is Required For Well Permits.

Perkins Coie on

The Supreme Court of California has granted review of two cases to resolve a split among courts of appeal over whether the issuance of well permits pursuant to state standards is subject to CEQA. California Water Impact...more

Downey Brand LLP

California Supreme Court Set to Review Companion Groundwater Cases and Resolve When County-Issued Well Permits May Be Treated As...

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After a long drought, the California Supreme Court at its November 14, 2018 conference voted unanimously to grant review of three decisions involving the question of whether well permits issued pursuant to county ordinances...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

Miller Starr Regalia

Second District Holds CEQA Does Not Apply to San Luis Obispo County’s Issuance of Well Construction Permits Under Its Ministerial...

Miller Starr Regalia on

In an opinion filed June 28, and later ordered published on July 27, 2018, the Second District Court of Appeal (Div. 6) affirmed the trial court’s judgment dismissing on demurrer a writ petition seeking to compel the County...more

Miller Starr Regalia

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

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

Allen Matkins

California Environmental Law & Policy Update - September 2017 #2

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

Miller Starr Regalia

New Water Supply Planning Laws Affecting CEQA Projects Now in Effect

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New California legislation affecting the required water supply analyses that must be made for certain projects subject to CEQA (SB 1262) was signed into law by Governor Brown last fall, and is now effective as of January 1,...more

Best Best & Krieger LLP

New California Law Amends Water Supply Planning Laws

Water Supply Sufficiency Analyses Must Consider Groundwater Sustainability - Gov. Jerry Brown has signed Senate Bill 1262 into law, representing an initial attempt to incorporate groundwater management requirements under...more

Best Best & Krieger LLP

Sweeping Six-Case Win For Water District Helps Secure Orange County's Water Supply

In early May, the Fourth District Court of Appeal took an important step toward helping to secure Orange County’s water supply. It issued several opinions in response to challenges to a proposed public-private partnership...more

Stoel Rives - Environmental Law Blog

When Will They Ever Learn? CBD Files Another Questionable Lawsuit Against DOGGR

On August 3, 2016, the Center for Biological Diversity (“CBD”) filed suit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) and the State Water Resources Control Board (“Water Board”),...more

Alston & Bird

Land Use Matters: Alston & Bird LLP, May 2016

Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. ...more

Miller Starr Regalia

Fourth District Upholds EIR For Cadiz Mojave Desert Groundwater Pumping Project Against Various CEQA Challenges

Miller Starr Regalia on

In the second of two published opinions filed May 10, 2016, the Fourth District Court of Appeal affirmed the trial court’s judgment upholding the lead agency designation and EIR for a controversial project proposing to pump...more

Best Best & Krieger LLP

Sweeping Six-Case Win for Water District

Court Upholds Public-Private Groundwater Conservation and Recovery Project That Will Serve Customers Throughout Southern California - A proposed public-private partnership project to pump fresh groundwater, which would...more

Miller Starr Regalia

Fourth District Rejects CEQA Challenges To Large Mojave Desert Groundwater Pumping Project In Separate Published Opinions

Miller Starr Regalia on

In two opinions filed May 10, 2016 (one partially and the other fully published), the Fourth District Court of Appeal rejected a number of CEQA and other challenges to a project proposing to pump 50,000 acre-feet of...more

Miller Starr Regalia

Fourth District Addresses CEQA Baseline Issues In Partially Published Opinion Upholding EIR For Carlsbad Shopping Mall Renovation

Miller Starr Regalia on

In an opinion filed September 10, and later ordered partially published on October 9, 2015, the Court of Appeal affirmed the substance of a judgment upholding an EIR for a regional shopping center renovation project in...more

Best Best & Krieger LLP

Local Agencies React to Basin Boundaries Rule With Calls for Clarification, Collaboration

Sept. 4 closed the comment period for the draft emergency basin boundaries rule issued by the California Department of Water Resources under the Sustainable Groundwater Management Act. Of the 34 comments made publicly...more

Beveridge & Diamond PC

California is Flooding with Water…Issues, Lawsuits, Rules and Legislation

We Californians are well aware of the impact of the four-year drought. We have read about town wells drying up like in East Porterville; we have seen the incredibly scary low water marks in lakes and reservoirs; we have heard...more

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