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Preliminary Injunctions Water Pollution

Brownstein Hyatt Farber Schreck

California Water Statute Cannot Overcome Constitutional Balancing—Even for Fish

California Fish and Game Code Section 5937 has long been a subject of scholarly debate with uncertainty in its application. In a published opinion filed on April 2, 2025, California’s Court of Appeal for the Fifth Appellate...more

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

Hanson Bridgett on

On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

Nossaman LLP

New Court Case Reasserts Reasonableness as a Limitation on Water Use

Nossaman LLP on

On April 2, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Bring Back the Kern v. City of Bakersfield, 2025 S.O.S. 909. That case held that courts must apply the reasonableness...more

Nossaman LLP

Federal Court Enjoins Biden Administration’s WOTUS Rule in 24 States

Nossaman LLP on

On April 12, 2023, the U.S. District Court for the District of North Dakota issued a preliminary injunction blocking the Biden administration’s Waters of the United States (WOTUS) rule in twenty-four states (the case is West...more

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

Oil Spill/Salt Water Disposal Facility: Illinois Attorney General Request for Preliminary Injunction

The Illinois Attorney General (“AG”) filed a Complaint and Motion for Preliminary Injunction against TrueFlo Solutions LLC (“TS”) in White County Circuit Court in Illinois in regards to an oil spill that allegedly...more

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