News & Analysis as of


The Reasonable Probability Increment Continues to Boost Just Compensation For Wetlands Condemnation in Galarza v. City of New York

by Farrell Fritz, P.C. on

Early this year, the Supreme Court of New York, Richmond County issued a comprehensive opinion in Galarza v. City of New York, 58 Misc.3d 1210(A), reaffirming and clarifying the nuances of condemnation, takings and just...more

Innovative Water Infrastructure Workforce Development Program: Senate Bill 2346

The National Association of Clean Water Agencies (“NACWA”) notes support of Senate Bill 2346 in a letter dated February 22nd. Senate Bill 2346 has been introduced to establish an innovative infrastructure workforce...more

California Water Board Lacks Jurisdiction to Curtail Water Use by Senior Water Rights Holders - Court Decision on California Water...

by Best Best & Krieger LLP on

The State Water Resources Control Board exceeded its jurisdictional authority under Water Code section 1052 when it issued curtailment notices to pre-1914 and riparian water rights holders, a Santa Clara County Superior Court...more

District Court rejects Challenge to Corps Activities on the Yuba River in Northern California

by Nossaman LLP on

In Friends of the River v. National Marine Fisheries Service, the U.S. District Court for the Eastern District of California rejected challenges to Army Corps of Engineers and National Marine Fisheries Service decisions...more

National Fish and Wildlife Foundation Grant: Beaver Watershed Alliance Awarded $37,710.56

The Beaver Watershed Alliance (“BWA”) announced that it has been awarded a grant totaling $37,710.56 from the National Fish and Wildlife Foundation (“Foundation”). BWA states that the award is being granted in response to...more

Awards: Arkansas Department of Environmental Quality Is Accepting Nominations For The "Environmental Stewardship" and "Arkansas...

The Arkansas Department of Environmental Quality (“ADEQ”) announced it is accepting nominations for two environmental awards. The awards are: Environmental Stewardship (“ENVY”) Award...more

Beaver Watershed Alliance Speaker Series: Allan Gates (Mitchell Williams) February 22nd Nutrient Trading Presentation

Mitchell Williams Law Firm Attorney Allan Gates will undertake a presentation on February 22nd as part of the Beaver Watershed Alliance (“BWA”) Speaker Series titled: Nutrient Trading and Act 335 ...more

Beautiful Buffalo River Action Committee: January 23rd Meeting

The Beautiful Buffalo River Action Committee has scheduled its 2018 first quarter meeting for January 23rd. Items on the agenda include... ...more

Buffalo River Watershed-Based Management Plan: Arkansas Natural Resources Commission Issues Draft

The Arkansas Natural Resources Commission (“ANRC”) issued a 622-page draft document titled: Buffalo River Watershed-Based Management Plan (“Management Plan”) ...more

National Water Quality Initiative: USDA Natural Resources Conservation Service Announces $30 Million in High-Priority Watershed...

The United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) issued a December 21st news release announcing it will add 30 new watersheds in 2018 as part of its National Water Quality Initiative...more

Beaver Lake Watershed Guardian Award: Alan D. Fortenberry, P.E. (Beaver Water District) Announced as 2017 Winner

The Beaver Watershed Alliance announced that Alan D. Fortenberry, P.E., has received the 2017 Beaver Lake Watershed Guardian Award (“Award”). Mr. Fortenberry is the Chief Executive Officer of the Beaver Water District....more

Yukon Must Follow Land Use Planning Process from Umbrella Final Agreement, SCC Rules

On December 1, 2017, in First Nations of Nacho Nyak Dun v. Yukon (Nacho Nyak Dun), the Supreme Court of Canada (SCC) overturned a Yukon government decision to open the Peel watershed for development and significantly modify...more

How Low Can You Go? Proposed Agricultural Waste Discharge Requirements Impose Even More Stringent Demands on Central Valley...

On October 10, 2017, the California State Water Resources Control Board (“Water Board”) issued the second version of an order to modify agricultural waste discharge requirements (“Proposed Order”), under the Irrigated Lands...more

Lake Conway Point Remove Watershed Alliance Receives Arkansas Natural Resources Commission Grant: October 16th Arkansas Water...

The October 16th edition of the Arkansas Water Resources Center publication Arkansas Water Currents (“AWC”) notes that the Lake Conway Point Remove Watershed (“LCPRW”) Alliance (“Alliance”) received a $75,000 grant from the...more

Watershed Ruling in U.S. Rejects OW Bunker’s Maritime Lien Claims

by Reed Smith on

In a watershed decision concerning the scope of maritime liens under the U.S. Commercial Instruments and Maritime Lien Act (“CIMLA”), the District Court for the Southern District of New York recently held that OW Bunker...more

Unanimous Support for Conservation in Senate Appropriations Committee

Who knew? On May 19 those wild eyed environmentalists on the Senate Appropriations Committee unanimously (no misprint) passed a FY 2017 agriculture and rural development bill that includes significant funding for...more

Environmental Notes - March 2016

by Williams Mullen on

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

Chesapeake Bay TMDL Here to Stay

by Williams Mullen on

The U.S. Supreme Court has declined to consider an appeal challenging EPA’s Chesapeake Bay Total Daily Maximum Load (TMDL), thereby bringing to an end the contentious years-long litigation over its legality. The Court’s...more

Environmental Notes - January 2016

by Williams Mullen on

Dominion Virginia Power (Dominion) operates a coalfired power plant in Chesapeake, Virginia. It maintains permits for its operations, including a Virginia solid waste management permit and a Virginia Pollutant Discharge...more

Water Board Proposes Amendments to Virginia’s Bay Watershed General Permit

by Williams Mullen on

The Virginia State Water Control Board has proposed to reissue and amend the General VPDES Watershed Permit for Total Nitrogen and Total Phosphorous Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia...more

Nexen’s Fracking Water License has Run Dry - First Nation Prevails in BC Environmental Appeal Board Decision

by Bennett Jones LLP on

First Nation Prevails in BC Environmental Appeal Board Decision By Mike Theroux, Brad Gilmour and Laura Gill In a decision released on September 3, 2015, the British Columbia Environmental Appeal Board granted the appeal of...more

Proposed Rule from US Department of the Interior Increases Pressure on Coal Mining Industry

by Latham & Watkins LLP on

On July 27, 2015, the US Department of the Interior, through its Office of Surface Mining Reclamation and Enforcement (OSMRE), proposed to revise regulations adopted under the Surface Mining Control and Reclamation Act of...more

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

by K&L Gates LLP on

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

Third Circuit Upholds Chesapeake Bay TMDL

by McGuireWoods LLP on

On July 6, the Third U.S. Circuit Court of Appeals issued its ruling in the case of American Farm Bureau Federation v. EPA (No. 13-4079). The ruling, which affirmed an earlier district decision upholding the U.S....more

Easy Cases Make Good Law: The Third Circuit Affirms EPA’s Chesapeake Bay TMDL

On Monday, the Third Circuit Court of Appeals affirmed EPA’s TMDL for the Chesapeake Bay. This should not be news. Although Judge Ambro comprehensively disposed of the appellants arguments in a thoughtful opinion, I think...more

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