The Alberta government has identified, and is taking proactive steps to address, the looming threat of a severe drought this year. As negotiations unfold to secure water-sharing agreements, a cascade of legal and economic...more
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
For decades, Florida blamed declining oyster harvests on the State of Georgia. And, for decades, Florida’s elected officials convinced the public they were not at fault. These theories were rejected, in total, by the United...more
K&L Gates environmental partner Alyssa Moir discusses with co-host David Wochner issues associated with water resources and the development of hydrogen at scale, specifically addressing U.S. legal regimes governing water use...more
On 1 April, the U.S. Supreme Court (the Court) put to rest the long-simmering dispute between Florida and Georgia over Georgia’s use of water from the Apalachicola-Chattahoochee-Flint River Basin (the Basin) that Florida...more
In an April 1, 2021 ruling, the U.S. Supreme Court overruled Florida’s exceptions to the decision of Special Master Judge Paul Kelly in its long-running dispute with Georgia over the use of water in the...more
On April 1, 2021 the U.S. Supreme Court decided Florida v. Georgia, holding that Florida failed to prove by clear and convincing evidence that Georgia’s overconsumption of interstate waters injured it, and so Florida was not...more
The United States Energy Information Administration (“EIA”) issued a November 9th report (“Report”) addressing water withdrawals by United States power plants. The Report concludes that water withdrawals by United States...more
Local agencies that provide water service may impose fees to recover the costs of providing water services. Unlike taxes, which require voter approval prior to adoption, water fees are approved by a local agency’s legislative...more
There will be new restrictions on residential water service discontinuation when customers are delinquent in paying their water bills under Senate Bill 998, signed last week by California Gov. Jerry Brown. The legislation...more
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
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
Environmental and Policy Focus - Air Resources Board releases plan to extend cap-and-trade system to 2050 - Scientific American - Jul 13 - The California Air Resources Board (“ARB”) this Tuesday released a...more
Environmental and Policy Focus - Bill would limit communications with California Coastal Commission: Santa Barbara Independent - Mar 23 - State Senator Hannah-Beth Jackson announced plans to introduce a bill...more
Earlier this month, I noted that demand side management policies need to take human behavior into account if they are going to be successful. The same is apparently true for policies to reduce water consumption in...more
On July 15, the British Columbia government announced a Level 4 drought rating for the South Coast and Lower Fraser areas of the province, which could lead to orders to temporarily reduce or cease water use and put rights...more
The Fourth District Court of Appeal’s decision finding that San Juan Capistrano’s tiered water-use rates structure violated Proposition 218 generated a lot of news coverage, as these structures are likely to be a tool water...more