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Groundwater Public Trust Doctrine

Downey Brand LLP

Litigation is Taking California’s Public Trust Doctrine From the Waterfront to the Forefront

Downey Brand LLP on

California courts have long recognized the state’s duty to protect its tidelands, navigable waterways, and submerged lands (i.e., the land below the high tideline) under the common law public trust doctrine. However,...more

Nossaman LLP

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

Nossaman LLP on

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

Allen Matkins

Groundwater Pumpers Beware: The Public Trust Doctrine is Lurking

Allen Matkins on

The Third District Appellate Court recently issued a long-awaited decision in Environmental Law Foundation vs. State Water Resources Control Board (ELF v. SWRCB). The decision confirms the expansive scope of California's...more

Downey Brand LLP

Third Appellate District Extends Public Trust Doctrine to Groundwater, Finding That Counties Have a Duty to Administer the Trust...

Downey Brand LLP on

On August 29, 2018, the Third Appellate District published its long-awaited opinion in Environmental Law Foundation v. State Water Resources Control Board (“ELF”), a case involving a challenge to Siskiyou County’s (“County”)...more

Best Best & Krieger LLP

Does the Public Trust Doctrine Apply to Groundwater? The California Appellate Courts Will Soon Decide

The California appellate courts will soon be called on to decide an important and novel issue of California water law: whether the public trust doctrine applies to groundwater. The public trust doctrine holds that the state...more

Best Best & Krieger LLP

Does the Public Trust Doctrine Apply to Groundwater? The California Supreme Court May Decide

The California Supreme Court is currently considering a petition that raises an important and novel issue of California water law: whether the public trust doctrine applies to groundwater. The public trust doctrine holds that...more

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