Regional Boards’ enforcement of the Construction General Permit (CGP) and Industrial General Permit (IGP) continues to yield high penalty figures; transition to 2022 CGP brings new requirements; and the forthcoming...more
A California Superior Court judge ruled last week that Sonoma County must do more to ensure responsible groundwater pumping under the state’s Public Trust Doctrine, which holds that rivers, creeks, and other waterways are...more
A San Jerardo cooperative in the Salinas area, together with environmental organizations, have sued the state, demanding stricter rules to govern the amount of fertilizer farmers can use. They allege that nitrate...more
After releasing the final environmental report (EIR) for the Delta Conveyance Project on December 8, the Department of Water Resources (DWR) certified it on December 21, 2023. The certification of the final EIR is a...more
On November 1, 2023, the New Mexico Environment Department’s Ground Water Quality Bureau (NMED-GWB) published its long-awaited proposed regulations for produced water reuse that is “unrelated to the exploration, drilling, and...more
What You Need to Know- • The NJDEP recently announced anticipated updates to New Jersey’s Surface Water Quality Standards, which are expected to have impacts on properties with NJPDES permits, laboratories, and remediation...more
In a March 27, 2023 post found here, we wrote about the Second District Court of Appeal’s (Div. 1) decision concerning the Water Code section 13389 CEQA exemption for Regional Water Quality Control Board (“RWQCB”) issuance of...more
On February 27, 2023, the Second District Court of Appeal (Division One) filed its published decision in Los Angeles Waterkeeper v. State Water Resources Control Board (2023) ___ Cal.App.5th ___, a case mainly focused on...more
On February 23, 2023, California EPA (Cal EPA) finally released a “final draft” version of the much-awaited vapor intrusion guidance, Final Draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion (VI Guidance)...more
The Regional Water Quality Control Board for the San Francisco Bay Region (the “Board”) recently eliminated a credit that many transit-oriented development projects have relied on to meet stormwater runoff requirements. The...more
These recent civil penalties are generally much larger than what dischargers have faced in the past. Moreover, Regional Board inspectors have started taking much more aggressive positions with respect to compliance...more
The State Water Resources Control Board (“State Water Board”) is in the final stages of developing a revised Statewide Construction Stormwater General Permit (“Construction Stormwater General Permit” or “Permit”). The State...more
The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) is considering proposed changes to its Short-Term Activity Authorizations (“STAAs”) application process. The Arkansas...more
On March 28, 2022, Gov. Gavin Newsom signed Executive Order N-7-22, escalating prior water conservation efforts as the majority of California remains under “extreme drought” conditions. The executive order has significant...more
The State Water Resources Control Board (“Water Board”) is now receiving public comments on certain components of its revised proposed statewide National Pollutant Discharge Elimination System (“NPDES”) Construction...more
On March 29, 2022, California Gov. Gavin Newsom released a signed memorandum of understanding (MOU) that outlines the terms for an 8-year program that would provide additional flows to and create habitat in the Sacramento-San...more
State Water Project will deliver no water to most communities next year - The Mercury News – December 1 - In a stark indicator of California’s worsening drought, Governor Gavin Newsom’s administration announced this...more
U.S. to resume enforcement of unlawful bird deaths by industry - Associated Press – September 29 - The Biden administration said Wednesday that it will draft rules under the Migratory Bird Treaty Act over the next...more
The new statewide General Waste Discharge Requirements (WDRs) for winery process water (Winery Order) adopted by the State Water Resources Control Board have spread concern across the wine industry. The Winery Order is...more
The state was required to reimburse municipalities for the cost of state-mandated trash receptacles at transit stops because local governments lacked authority under Proposition 218 to impose fees either on transit agencies...more
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
On February 18, 2021, the First Appellate District issued an opinion in Sweeney et al. v. California Regional Water Quality Control Bd., San Francisco Bay Region et al. (Case No. A153583) (“Sweeney”). The opinion is much...more
A California Court of Appeal invalidated a wastewater discharge permit issued by the Central Valley Regional Water Quality Control Board that the court found impermissibly delegated to the Board’s executive officer the...more
Biden picks North Carolina environmental chief to lead EPA - Associated Press – December 17 - President-elect Joe Biden this Thursday selected Michael S. Regan to serve as Administrator of the U.S. Environmental...more
U.S. formally exits Paris Climate Agreement - Bullet Associated Press – November 4 - The United States this Wednesday formally left the Paris Climate Agreement, a global pact it helped forge five years ago during the...more