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Municipalities Water

Nossaman LLP

Water Agencies Beware Before Proceeding with Forced Municipalization

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Despite California’s record high levels of precipitation in 2023, water scarcity remains a pressing issue. Governments have turned to using the power of eminent domain to acquire investor-owned utilities in an effort to...more

Nossaman LLP

California Water Views - 2024 Outlook

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Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more

Verrill

The Basics of Stormwater Permitting in Massachusetts

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After a summer of historic rainfall and flooding in Massachusetts, stormwater is on our minds. Stormwater is a major source of water pollution in the Commonwealth, and it is crucial that owners and operators of commercial and...more

Foley Hoag LLP - Environmental Law

Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.

Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to...more

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

Waterworks/Condemnation Proceedings: Arkansas Court of Appeals Addresses Applicable Statutory Authorities

The Arkansas Court of Appeals (“ACA”) addressed in a February 2nd Opinion an issue arising out of a municipality’s use of statutory condemnation authorities to construct a treated-water transmission line....more

Obermayer Rebmann Maxwell & Hippel LLP

To Sell or Not to Sell: Now a Common Question for Pennsylvania Townships

The COVID-19 pandemic has caused companies, individuals and municipalities to even more closely examine their budgets and services to determine how they can reduce compliance risks, operating expenses and future capital...more

Best Best & Krieger LLP

Local Utility Charges Cannot Be Challenged by Referendum

Calif. Supreme Court Decision in Wilde v. City of Dunsmuir - Local utility charges are not subject to referendum, according to a California Supreme Court decision issued Monday that held that water rates fall within the...more

McNees Wallace & Nurick LLC

Borough of Phoenixville – Partial Sale of Water System

On December 4, 2019, the Borough of Phoenixville, Chester County (“Borough”) closed on the sale of a portion of its water system to Aqua Pennsylvania, Inc. (“Aqua”) for $3.46 million.  Importantly, the Borough will retain...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

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

Water Supply Rule: U.S. Army Corps of Engineers Announces Withdrawal

The Assistant Secretary of the Army for Civil Works directed on January 21st the United States Army Corps of Engineers (“Corps”) to withdraw a proposed rule titled: Use of U.S. Army Corps of Engineers Reservoir Projects...more

Best Best & Krieger LLP

[WEBINAR] Navigating California’s New Regulations for Wetlands and State Waters

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California regulations protecting wetlands and state waters were approved and will take effect on May 28, 2020. These new rules by the California State Water Resources Control Board create a more expansive and complex...more

Best Best & Krieger LLP

Resolution Adopting New Water Rates Not Subject to Referendum - Calif. Court of Appeal Holds that Referendum Power Not Applicable...

A water agency’s resolution adopting new rates for its water service fees is not subject to referendum, a California Court of Appeal held Friday. The California Constitution’s grant of referendum power excludes local...more

Downey Brand LLP

Joint Powers Authority Comprised of Irrigation Districts and the City and County of San Francisco Challenge Recently Adopted State...

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On May 1, 2019, a group of California agencies and municipalities filed a petition for writ of mandate and complaint for mandatory relief challenging the State Wetlands Definition and Procedures for Discharges of Dredge and...more

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

Water/Stormwater Recycling: Minnesota Twins Pitch Sustainability at Target Field

The blog Stormwater Report references what the Minnesota Twins have described as the installation of a “Living Wall” system for Target Field. The system described as a further commitment to sustainability because it will...more

Perkins Coie

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

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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

Best Best & Krieger LLP

Statutory Authority to Adopt Fees Negates Any Potential State Mandate Funding - California Appellate Court Finds There is No State...

Local agencies that provide water service may impose fees to recover the costs of providing water services. Unlike taxes, which require voter approval prior to adoption, water fees are approved by a local agency’s legislative...more

Best Best & Krieger LLP

New Restrictions on Residential Water Service Discontinuation in California - SB 998 Will Require Written Policies, Detailed...

There will be new restrictions on residential water service discontinuation when customers are delinquent in paying their water bills under Senate Bill 998, signed last week by California Gov. Jerry Brown. The legislation...more

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

Water Infrastructure Finance and Innovation Act Program Funding: U.S. Environmental Protection Agency Receives $9.1 Billion in...

The United States Environmental Protection Agency (“EPA”) issued an August 16th news release stating that it had received 62 letters of interest collectively requesting $9.1 billion in loans from prospective borrowers in...more

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

Wholesale Water Contract: Arkansas Court of Appeals Addresses Municipality/Water Authority Rate Calculation Dispute

The Arkansas Court of Appeals addressed in a May 23rd opinion a dispute between an Arkansas municipality and public water authority in regards to the sale and purchase of water. See Northeast Public Water Authority of the...more

Best Best & Krieger LLP

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

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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

Farrell Fritz, P.C.

Learning a Lesson from Flint: New York State Takes Important Steps to Ensure Clean Drinking Water

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Stemming from the recent drinking water crisis in Flint, Michigan, which has had life-lasting effects for many of its residents, including children, due to unsafe lead-related toxicity levels in the drinking water, New York...more

Downs Rachlin Martin PLLC

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team - February 2017

The Agency of Transportation has submitted a proposal to the House Transportation Committee that would allow the agency to seek damages from a utility that fails to move or adjust a utility line that is in a state or local...more

Cozen O'Connor

Pennsylvania’s New Law for Valuing Acquired Municipal/Authority Water and Wastewater Systems

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On Thursday, April 14, 2016, Pennsylvania Governor Tom Wolf signed Act 12 of 2016 (Act 12) into law. Among other things, Act 12 revises Chapter 13 of the Pennsylvania Public Utility Code (the Code) to provide a framework for...more

McNees Wallace & Nurick LLC

Public Utility Companies Look to Gobble up Municipal Systems through Private Sales

Large privately held, publicly regulated utility companies with a focus on rapid growth and expansion throughout the Commonwealth have a new target - municipally owned water and wastewater systems. Pennsylvania legislation...more

Perkins Coie

Supplement — Curtin’s California Land Use

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This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

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