News & Analysis as of

State Water Boards Clean Water Act

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

Allen Matkins

California Environmental Law & Policy Update 7.21.23

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The California State Water Resources Control Board (SWRCB) is accepting public comment through July 28 on new recommendations to expedite permits for seawater desalination plants in the state....more

Brownstein Hyatt Farber Schreck

Brownstein Scores Big Win in Historic Case Affecting All Water Users in California

Water recycling is a high priority for California—a critical water supply in a state still burdened by massive drought—but the considerations a city or water agency must contend with in navigating decisions on water supply...more

Downey Brand LLP

California Appeals Court Rules that State Water Board’s Duty to Prevent Waste and Unreasonable Use of Water is “Highly...

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On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

Perkins Coie

Ninth Circuit Holds Terms of Management Agency Agreement Governing Non-Point Source Pollution on Federal Lands Supersedes Other...

Perkins Coie on

Forest Service livestock grazing permits do not run afoul of state water quality permitting requirements because the Management Agency Agreement (MAA) between the agency and the State Water Resources Control Board, which...more

Downey Brand LLP

Developing Offshore Wind in California – Environmental Permitting and Interconnection Considerations

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The California coast offers significant potential for offshore wind development that can help the state reach its renewable energy goals. Developers of wind energy projects located off the California coast will face a number...more

Allen Matkins

California Environmental Law & Policy Update - September 2021 #2

Allen Matkins on

EPA to propose first-ever PFAS discharge limits - The Hill – September 8 - The U.S. Environmental Protection Agency (EPA) announced on Wednesday that it will propose a rule to set the first-ever limits on the...more

Stoel Rives - Environmental Law Blog

Revised Public Workshop Date and Comment Deadline for State Water Board’s Proposed Reissuance of the Statewide Construction...

On June 10, 2021, the State Water Resources Control Board (“Water Board”) issued a Revised Public Notice that changed certain dates noted in our June 2, 2021 blog post.  The Water Board’s public hearing to receive public...more

Perkins Coie

Court of Appeal Upholds Water Boards’ Analysis of Economic Considerations Regarding Los Angeles County MS4 Permit

Perkins Coie on

A regional water board is not required to estimate the compliance costs for individual permittees before issuing a permit. City of Duarte v. State Water Resources Control Board, 60 Cal. App. 5th 258 (2021)...more

Downey Brand LLP

Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits...

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AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more

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

Draft Missouri 2020 Section 303(d) Impaired Waters List/Clean Water Act: Missouri Department of Natural Resources November 15th...

The Missouri Department of Natural Resources (“MDNR”) issued its Draft Missouri 2020 Section 303(d) Impaired Water List. MDNR states that it has included the prioritization of waters for the Total Maximum Daily Load...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

Allen Matkins

California Environmental Law & Policy Update - April 2019

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Focus - State Water Board adopts new rules to protect California wetlands from federal rollback of Clean Water Act jurisdiction - Los Angeles Times - April 2 - The State Water Resources Control Board (Board) voted...more

Holland & Knight LLP

California Attempts to Fill the Clean Water Act Breach - State Water Board Issues Revised Rule for Definition of Wetlands and...

Holland & Knight LLP on

Although the federal government under the Trump Administration is stepping back from regulations under the Clean Water Act (CWA) – see President Donald Trump's Executive Orderand proposed federal rule – the state of...more

Brownstein Hyatt Farber Schreck

As Newcomers to the Industrial Storm Water Permit, Wineries, Breweries and Distilleries Have Options to Comply

The statewide Industrial Storm Water permit (Industrial Permit) provides federal Clean Water Act permit coverage for a host of different industries, including wineries, breweries, and distilleries (alcoholic beverage...more

Holland & Knight LLP

West Coast Real Estate Update: January 2017 #2

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California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

Best Best & Krieger LLP

California State Water Board Extends Public Comment Period for Wetlands Policy; New Permits Likely to be Required

Public Comments Due Aug.18 - The State Water Board recently held a public hearing on controversial proposed amendments to the California Ocean Plan and the Water Quality Control Plan for Inland Surface Waters, Enclosed...more

Allen Matkins

California Environmental Law & Policy Update - April 2016 #5

Allen Matkins on

Environmental and Policy Focus - Lawsuit claims Delta fish harmed by relaxed water standards - Modesto Bee - Apr 25 - Relaxed water quality standards during the drought have harmed salmon, smelt, and other fish...more

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