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Water Groundwater

Nossaman LLP

New California Legislation on Water Issues

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The 2024 legislative session ended on August 31, meaning the legislature passed all bills for this year. All of the bills are currently with Governor Newsom. He has until September 30 to sign or veto any bills. Any bills not...more

McGuireWoods LLP

Contaminants Compass: September 2024 Edition

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“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses how...more

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

Current/Long-Term U.S. Environmental Protection Agency Clean Water Act Related Rulemakings: Association of Clean Water...

The Association of Clean Water Administrators (“ACWA”) published in its current newsletter a link to described as follows: ACWA rules chart updated to reflect current and long term relevant EPA clean water related actions....more

Morgan Lewis

Electric Utilities Affected by Recent EPA Regulation May Benefit from Legacy Liability Insurance Policies

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The US Environmental Protection Agency (EPA) on May 8, 2024 expanded the obligations of coal-fired power plants to remediate coal ash-related groundwater impacts with amendments to the federal Coal Combustion Residual (CCR)...more

Beveridge & Diamond PC

SCOTUS Freezes States’ Efforts to Resolve Water Conflict

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What Happened? On June 21, 2024, the Supreme Court narrowly held that three states could not enter a consent decree to settle their interstate water dispute without the support of the intervening federal government. The...more

Allen Matkins

SGMA at 10 Years: Navigating California’s Groundwater Future - 2024 Land Use, Environmental & Natural Resources Update

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This year marks the 10th anniversary of a major milestone in California water law history: the enactment of the Sustainable Groundwater Management Act (SGMA) in 2014. This landmark legislation signaled a critical step toward...more

Beveridge & Diamond PC

Ecology to begin Nooksack Water Adjudication in April 2024 (Updated)

Update: The Washington Department of Ecology (Ecology) officially kicked off the Nooksack adjudication, a legal process that will determine the priority of water rights in Whatcom County and portions of Skagit County....more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 4.12.24

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Powerful pumps that supply much of California’s population with water have killed several thousand threatened and endangered fish this year, prompting environmental groups to demand that state and federal agencies take...more

Nossaman LLP

California Focuses on Water Supply Resiliency in Updated Water Plan

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On April 2, 2024, the California Department of Water Resources (DWR) released the California Water Plan Update 2023 (CWP 2023 Update). DWR’s press release dubs the plan “A Roadmap to Water Management and Infrastructure for a...more

Bennett Jones LLP

Navigating Water Scarcity: Legal Implications and Impact on Alberta's Industries

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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

Beveridge & Diamond PC

Ecology to begin Nooksack Water Adjudication in April 2024

The Washington Department of Ecology (Ecology) announced it will begin an adjudication of water rights in Water Resources Inventory Area 1 (WRIA1), including the Nooksack River system, in April 2024. An adjudication is the...more

Jackson Walker

Mine: All Mine? Texas Ownership of Produced Water and Its Constituent Parts (Lithium)

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Is it mine? Is what’s in it mine too? The fight over produced water has become a contentious issue in the oil patch. Primarily, because it is a new and unforeseen source of revenue for operators and landowners....more

Brownstein Hyatt Farber Schreck

Key Takeaways from the Sustainable Water Investment Summit

Set against the context of unprecedented demand for water supply solutions, Brownstein and WestWater Research brought together water industry and finance leaders for the second annual Sustainable Water Investment Summit. The...more

Verrill

MassDEP Proposes Updates to Stormwater Management Standards

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In addition to amending the Wetlands Protection Regulations to add performance standards for the Land Subject to Coastal Storm Flowage wetland resource area, MassDEP wants to update the Massachusetts Stormwater Management...more

Latham & Watkins LLP

California Water Challenges Remain Despite Significant Precipitation in 2023

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State and federal officials move forward plans and policies for water conservation, conveyance, and climate resilience. The winter of 2022-23 brought historic levels of precipitation to California after years of deep...more

K&L Gates LLP

Water Regulation in the Western States: California's 2023 Legislative Proposal Highlights

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An ongoing, historic drought in California has compelled California state legislators to rethink the state’s long-standing treatment of water rights. While the recent heavy snowpack and wet spring and summer have alleviated...more

Brownstein Hyatt Farber Schreck

Tenth Circuit Weighs In on Maui’s “Functional Equivalent” Test

The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a...more

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

Conservation Easement/Endangered Species Act: Citizen Suit Action Challenges U.S. Fish and Wildlife Service Biological Opinion...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a December 4th Opinion an issue arising out of the federal Endangered Species Act (“ESA”). See Center for Biological Diversity, et al. v....more

Integral Consulting Inc.

Cities Are Changing Groundwater Availability for Residential Growth

According to the U.S. Drought Monitor, 28.8 percent of the lower 48 states are in drought. At one point in 2022, almost half of the country was in a drought condition. The lack of precipitation plays havoc on the groundwater...more

Downey Brand LLP

Court of Appeal Upholds County of Monterey’s Management of Groundwater in Landmark SGMA Case

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On November 13, 2023, the Sixth District Court of Appeal issued the first published decision interpreting California’s Sustainable Groundwater Management Act (“SGMA”) in City of Marina et al., v. County of Monterey et al.,...more

Burns & Levinson LLP

“Phosphogeddon” – An Opportunity for Wastewater Treatment and Solids Management?

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The epic depletion of naturally occurring phosphorous in the environment, or “Phosphogeddon,” as it is euphemistically called often by some who discount its significance, may be the next great environmental challenge, ranking...more

Williams Mullen

EPA Expands Conditions for 401 Water Quality Certifications

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The Clean Water Act (CWA) section 401 Water Quality Certification (401 WQC) is a big deal. The certification is required for all direct discharge permits and CWA section 404 Permits to dredge or fill waters of the United...more

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

Groundwater Use/Designation of an Active Management Area: Environmental Organizations Submit Petition to Arizona Department of...

The San Pedro Alliance (“Alliance”) submitted a September 20th document to the Arizona Department of Water Resources (“ADWR”) styled: Petition for a Rule to Designate the Upper San Pedro Basin as an Active Management...more

Integral Consulting Inc.

Where Should Groundwater Flow? Towards Social Value

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A recent insightful Law360 Expert Analysis by my Integral colleague R. Jeffrey Davis (“Regulators Must Get Creative To Keep Groundwater Flowing”; September 8, 2023) discussed challenges and possible solutions to the problem...more

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

Hazardous Substance Enforcement: Washington D.C. Attorney General and Potomac Electric Power Company Enter into Amended Consent...

The Attorney General for the District of Columbia (“AG”) and Potomac Electric Power Company (“Pepco”) entered into a First Amendment to Consent Decree (“Amended Decree”) addressing alleged releases of hazardous substances....more

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