News & Analysis as of

Water Rights

Flaster Greenberg PC

Marcellus Shale Update: Russia, Ukraine and Marcellus

by Flaster Greenberg PC on

The simmering dispute over waterway rights between Ukraine and Russia broke into armed conflict this week. Its implications are enormous both for the energy world as a whole and especially for us in the Marcellus Shale...more

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

Riparian Rights: North Carolina Court Addresses Non-Navigable Lake Access Issue

The Court of Appeals of North Carolina (“Court”) addressed in an October 16th opinion whether Lewis Edward Dye, Jr (“Defendant”), through his chain of title in a small tract of land on Everett’s Lake (the “Lake”) also has the...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...

by Best Best & Krieger LLP on

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

Allen Matkins

California Environmental Law & Policy Update - September 2018 #4

by Allen Matkins on

Focus - DOJ appeals ruling ordering EPA to ban the pesticide chlorpyrifos - THE HILL - Sep 24 The U.S. Department of Justice (DOJ) is appealing a federal court ruling ordering the U.S. Environmental Protection Agency...more

Davis Wright Tremaine LLP

California Court Holds Public Trust Doctrine Applies to Groundwater Impacts on Surface Streams

by Davis Wright Tremaine LLP on

In Environmental Law Foundation v. State Water Resources Control Board, the California Court of Appeal for the Third District on August 29, 2018 affirmed a district court’s application of the Public Trust Doctrine to the...more

Downey Brand LLP

Third Appellate District Extends Public Trust Doctrine to Groundwater, Finding That Counties Have a Duty to Administer the Trust...

by Downey Brand LLP on

On August 29, 2018, the Third Appellate District published its long-awaited opinion in Environmental Law Foundation v. State Water Resources Control Board (“ELF”), a case involving a challenge to Siskiyou County’s (“County”)...more

Snell & Wilmer

Divided Arizona Supreme Court Greenlights Major Development in Southern Arizona

by Snell & Wilmer on

On August 9, 2018, the Arizona Supreme Court issued a decision with potentially important implications for future residential and commercial development in Arizona. In Silver v. Pueblo Del Sol Water Company, a divided court...more

Best Best & Krieger LLP

Groundwater Extraction Permits Not Subject to CEQA in San Luis Obispo County - Approval is a Ministerial Action, not subject to...

by Best Best & Krieger LLP on

While California’s drought state-of-emergency has been lifted, legal battles aimed at limiting groundwater extractions linger....more

Nossaman LLP

Proponents Of Dam Removal Project Seek To Skirt Protections For Endangered Species

by Nossaman LLP on

The Klamath River Renewal Corporation (the “corporation”) recently submitted a plan for the removal of four dams on the lower Klamath River to the Federal Energy Regulation Commission (FERC). ...more

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

State Ownership/Water Rights: New Jersey Appellate Court Addresses Access Issue

he Superior Court of New Jersey (“Court”) addressed in a March 27th opinion the impact of state ownership on a conflict over access to a waterbody. See Rapisardi v. Estate of Lange, No. A-37322-16T2, 2018 WL 1473918 (N.J....more

Tonkon Torp LLP

It's Looking Like A Long, Dry Summer

by Tonkon Torp LLP on

By the middle of June, Governor Kate Brown had already issued drought declarations for several counties—Baker, Douglas, Grant, Harney, Klamath, and Lake. By the 10th of July, according to the U.S. Drought Monitor, almost the...more

Akin Gump Strauss Hauer & Feld LLP

American Indian Law and Policy: 10 Things You Need to Know - July 2018

All three branches of the federal government had a busy spring. The U.S. Supreme Court just completed its 2017 term in June with a full-strength bench after spending much of the previous term with only eight justices after...more

K&L Gates LLP

SCOTUS Ruling Gives Florida Chance to Prevail in Water War Against Georgia

by K&L Gates LLP on

We previously issued an alert analyzing two interstate water compact disputes before the U.S. Supreme Court (“SCOTUS” or the “Court”): Texas v. New Mexico and Colorado and Florida v. Georgia. On June 27, the Court rejected...more

Snell & Wilmer

Protests Flow Freely After Utah and Idaho Apply to Appropriate 400,000 Acre Feet of Water From Bear Lake

by Snell & Wilmer on

Bear Lake straddles the Utah-Idaho border. While it was originally an isolated, natural lake, improvements installed over a century ago connected the lake to the nearby Bear River and allowed it to be operated as a reservoir....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

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

Oversight of the Army Corps' Regulation of Surplus Water/Role of States' Rights: U.S. Senate Environment and Public Works Hearing

The United States Senate Environment and Public Works Committee held a June 13th hearing titled: Oversight of the Army Corps’ Regulation of Surplus Water and the Role of States’ Rights (“Hearing”) ...more

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

Florida v. Georgia: U.S. Supreme Court Addresses Interstate Water Dispute

The United States Supreme Court (“Court”) issued an opinion today in the interstate water dispute between the states of Florida and Georgia. The Court had previously found that the litigation fit within its original...more

Dorsey & Whitney LLP

The Supreme Court - June 27, 2018

by Dorsey & Whitney LLP on

Today, the Supreme Court of the United States announced the retirement of Associate Justice Anthony M. Kennedy: Justice Kennedy, nominated by President Ronald Reagan to the Supreme Court, assumed the bench in 1988. ...more

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

Riparian Rights: Missouri Appellate Court Assesses Whether a Man-Made Lake Has Become Natural

The Missouri Court of Appeals addressed in a June 19th opinion whether an abutting landowner had riparian rights to a man-made waterbody. See Incline Village Board of Trustees v. Edler, 2018 WL 3028993. The key issue was...more

Beveridge & Diamond PC

With This Tie, There Is a Winner: 4-4 SCOTUS Ruling Results in Victory for Native Americans and a Clear Mandate for Washington to...

by Beveridge & Diamond PC on

In most instances, a tie means there is no winner and no loser. Not so with the U.S. Supreme Court’s 4-4 tie in the “Culverts Case” (one branch of the sprawling U.S. v. Washington case) on June 11, 2018. Instead, by...more

K&L Gates LLP

"Culvert Case" Affirmed

by K&L Gates LLP on

Potential Implications for Northwest Regulators and Private Parties - On June 11, 2018, an equally divided United States Supreme Court affirmed per curiam the Ninth Circuit’s decision in United States v. Washington, known...more

Davis Wright Tremaine LLP

Big Tribal Victory in Culvert Case, Big Implications for Taxpayers

by Davis Wright Tremaine LLP on

On June 11, the Supreme Court issued a one-sentence order affirming the Ninth Circuit’s 2016 judgment in United States v. State of Washington. In that case, the federal government sued Washington on behalf of several Indian...more

Stoel Rives LLP

Supreme Court Affirms Ninth Circuit’s Decision in Culverts Case

by Stoel Rives LLP on

Today the United States Supreme Court issued a 4-4 per curiam decision (Justice Kennedy was recused) affirming the United States Court of Appeals for the Ninth Circuit’s decision in the Culverts case, which is the latest...more

Best Best & Krieger LLP

[VIDEO] The Price of an Aging Infrastructure on the Environment

by Best Best & Krieger LLP on

In this interview-style discussion, State Water Contractors General Manager Jennifer Pierre sits down with Best Best & Krieger LLP Partner Stefanie Morris to discuss impacts of California's aging infrastructure on our...more

Nossaman LLP

California Poised to Waive Protections for Endangered Fish as Tribes Seek to Shutdown Klamath Irrigation Project in an Effort to...

by Nossaman LLP on

In late May 2018, the Klamath Tribes filed a lawsuit in the United States District Court for the Northern District of California seeking to shut down the Bureau of Reclamation’s Klamath Irrigation Project, which supplies...more

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