News & Analysis as of

Surface Water State and Local Government

Perkins Coie

Closing the Clean Water Gap: Arizona DEQ Proposes State Protected Surface Waters Program

Perkins Coie on

The Arizona Department of Environmental Quality, on November 6, 2020, introduced a proposed Protected Surface Water Program, which would regulate certain state surface waters that are newly excluded from the regulatory scope...more

Foley Hoag LLP - Environmental Law

Federalism and the Regulation of PFAS

There has been much angst at the state level that EPA has not moved faster to develop drinking water or cleanup standards for PFAS. One of the states affected by the pace of EPA’s regulatory efforts is New Hampshire. Taking...more

Best Best & Krieger LLP

Groundwater Recharge Projects Get Boost Under AB 658

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New California Law to Help Achieve SGMA Requirements - Assembly Bill 658, signed into law last week, creates new temporary diversion permits allowing for excess surface water capture during high-flow events. Permits...more

Nossaman LLP

Court Provides Further Clarification on Inverse Condemnation Liability

Nossaman LLP on

We recently reported on the California Supreme Court’s decision in Oroville which provided a relaxed standard for public agencies facing inverse condemnation claims. Since that decision, a new unpublished Court of Appeal...more

Pullman & Comley, LLC

Connecticut DEEP Seeks to Overhaul Remediation Standards – Expansion of LEP Approval Authority, Part II: Groundwater Contamination

Pullman & Comley, LLC on

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

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

Mississippi Governor's Delta Sustainable Water Resources Task Force: March 6/7 Meeting Scheduled in Clarksdale and Indianola

The Mississippi Department of Environmental Quality announced that Mississippi Governor’s Delta Sustainable Water Resources Task Force will hold two meetings....more

Best Best & Krieger LLP

Groundwater Rights Jury Finds In Favor Of Public Water Suppliers - BB&K Team Successfully Defends City In First-Of-Its-Kind Trial...

Best Best & Krieger LLP, representing the City of Paso Robles, successfully defended the City in a jury trial that found the water suppliers had acquired prescriptive groundwater rights to the Paso Robles Groundwater Basin...more

Bricker Graydon LLP

Ohio EPA issues general permit authorization for storm water discharges

Bricker Graydon LLP on

On September 17, 2018, Ohio EPA issued its General Permit Authorization for Storm Water Discharges Associated with Construction Activity from Oil and Gas Linear Transmission Line and Gathering Line Installation (the General...more

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

Surface Water Withdrawal, Permitting, Use, and Reporting Act: South Carolina Supreme Court Addresses Challenge to State...

The South Carolina Supreme Court (“Court”) addressed in a May 30th opinion a judicial challenge to the South Carolina Surface Water Withdrawal, Permitting, Use, and Reporting Act (“Act”). See Jowers v. South Carolina Dept. of...more

Brownstein Hyatt Farber Schreck

California Water Rights Compliance Checklist for 2018

This checklist provides a summary of state water right reporting requirements and applicable deadlines for users of surface or groundwater in California for calendar year 2018. If you have questions about the information...more

Orrick, Herrington & Sutcliffe LLP

California Storm Water Bill Signed Into Law

California Senate Bill 231 (Hertzberg) (“SB 231”), signed into law by the Governor on October 6, 2017, is intended to provide local governments with increased flexibility when imposing or increasing property related fees and...more

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