News & Analysis as of

Water Environmental Review

Downey Brand LLP

Hurdles remain for Colorado River agreement

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On May 22, Arizona, Nevada, and California sent a letter to the Commissioner of the U.S. Bureau of Reclamation (Reclamation) that announced their agreement to conserve an additional 3 million acre-feet of Colorado River water...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

Nossaman LLP

ESA Preempts Oregon Water Rule in U.S. District Court Decision

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On February 6, the U.S. District Court for the Northern District of California sided with the Bureau of Reclamation (Reclamation) and plaintiffs Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s...more

Perkins Coie

Dam Operations Authorized Under 1954 Statute Potentially Included Protection of Endangered Species.

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The Ninth Circuit held that statutory language defining the scope of operations of Twitchell Dam was sufficiently broad to potentially include releases of water to facilitate migration of Southern California Steelhead to the...more

Downey Brand LLP

$1.2 Trillion Infrastructure Legislation Provides Funding and NEPA Streamlining for Key Environmental and Infrastructure Projects

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On November 15, 2021, President Biden signed the landmark $1.2 trillion infrastructure legislation package, more commonly referred to as the Infrastructure Investment and Jobs Act (IIJA or Act). The 2,700+-page Act has been...more

Downey Brand LLP

California Supreme Court Throws the Barn Doors Open, Finding That Groundwater Well Permits Aren’t Necessarily Ministerial

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On August 27, 2020, in Protecting Our Water and Environmental Resources v. County of Stanislaus, Case No. S251709 (“Protecting Our Water”), the California Supreme Court held that the County in that instance could not...more

Best Best & Krieger LLP

California Supreme Court Clarifies Ministerial vs. Discretionary Actions Under CEQA for Well Construction Permits

Decision in Protecting Our Water and Environmental Resources v. County of Stanislaus Case - In a long-awaited decision, the California Supreme Court addressed the circumstances under which a public agency may characterize...more

Perkins Coie

Supreme Court To Decide If CEQA Review Is Required For Well Permits.

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The Supreme Court of California has granted review of two cases to resolve a split among courts of appeal over whether the issuance of well permits pursuant to state standards is subject to CEQA. California Water Impact...more

Allen Matkins

Renewable Energy Update - October 2015 #4

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Environmental and Policy Focus - Governor Brown authorizes streamlined groundwater: Allen Matkins - Oct 13: On Friday, October 9, 2015, Governor Brown signed a suite of bills that has the potential to significantly...more

Foley & Lardner LLP

Ohio EPA Voluntary Action Program Update

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Many of our Ohio based automotive suppliers with retained environmental liability are performing soil and groundwater cleanups using the Ohio Voluntary Action Program (VAP). My colleagues and I thought it would be timely to...more

Allen Matkins

California Environmental Law and Policy Update - May 2014

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Environmental and Policy Focus: U.S. officials cut estimate of recoverable Monterey Shale oil by 96% - Los Angeles Times - May 23: Federal energy authorities have slashed by 96 percent the estimated amount of...more

Best Best & Krieger LLP

Federal Appellate Court Upholds Environmental Review of Colorado River Water Delivery Agreement

Ninth Circuit Affirms District Court’s Decision Approving NEPA and Clean Air Act Review of Federal QSA - The U.S. Court of Appeals for the Ninth Circuit has issued its decision on the federal case challenging...more

Best Best & Krieger LLP

Court Upholds Approvals for the Cadiz Valley Water Conservation, Recovery and Storage Project

Trial Court Validates Agreements and Plans for Large Public-Private Water Project and Approves CEQA Review - The Orange County Superior Court last week issued rulings rejecting all six challenges to the environmental...more

Williams Mullen

Virginia Environmental Regulatory Developments (December 2013)

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The regulatory action (i) updates current remediation levels and sampling and analysis methods; (ii) improves reporting and notification requirements; (iii) clarifies eligibility, application, registration fee, and...more

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