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U.S. Supreme Court Finds ‘Functional Equivalent’ Test Guides the Inquiry Whether an NPDES Permit is Required for Groundwater Point Sources that Link to Waters of the U.S.

U.S. Supreme Court Finds ‘Functional Equivalent’ Test Guides the Inquiry Whether an NPDES Permit is Required for Groundwater Point Sources that Link to Waters of the U.S.

District Court Holds CAFO Citizen Suit Fails to Establish ‘Imminent and Ongoing Threat’ Under RCRA and the Clean Water Act

District Court Holds CAFO Citizen Suit Fails to Establish ‘Imminent and Ongoing Threat’ Under RCRA and the Clean Water Act

U.S. Geological Survey Releases Study Suggesting Colorado River Streamflow Reductions are Associated with Atmospheric Warming

U.S. Geological Survey Releases Study Suggesting Colorado River Streamflow Reductions are Associated with Atmospheric Warming

California Department of Water Resources Reports Groundwater Levels Rebounding, But Not Yet at Pre-Drought Conditions

California Department of Water Resources Reports Groundwater Levels Rebounding, But Not Yet at Pre-Drought Conditions

Oregon Supreme Court Affirms Remand of Wetlands Fill Permit to Oregon Department of State Lands Based on Statutory Mandate Regarding Public Need for the Water

Oregon Supreme Court Affirms Remand of Wetlands Fill Permit to Oregon Department of State Lands Based on Statutory Mandate Regarding Public Need for the Water

California Department of Fish and Wildlife Issues Incidental Take Permit for Long-Term Operations of the State Water Project

California Department of Fish and Wildlife Issues Incidental Take Permit for Long-Term Operations of the State Water Project

California Department of Fish and Wildlife Issues Incidental Take Permit for Long-Term Operations of the State Water Project

California Department of Fish and Wildlife Issues Incidental Take Permit for Long-Term Operations of the State Water Project

By Sam Bivins and Meredith Nikkel On March 31, 2020, the California Department of Fish & [...]

U.S. Bureau of Reclamation Releases Klamath River Project Interim Plan, Which Provides Additional Water for Endangered Species

U.S. Bureau of Reclamation Releases Klamath River Project Interim Plan, Which Provides Additional Water for Endangered Species

By Miles Krieger and Steve Anderson In late March 2020, the U.S. Bureau of Reclamation (Bureau) [...]

Ninth Circuit Makes Clear that the Administrative ‘Finality’ Requirement under Williamson County for Federal Land Use Takings Claims Remains Intact

Ninth Circuit Makes Clear that the Administrative ‘Finality’ Requirement under Williamson County for Federal Land Use Takings Claims Remains Intact

By Travis Brooks In one of the first federal “takings” cases after last year’s U.S. Supreme [...]

Oregon Department of Land Conservation Determines Energy and Gas Pipeline Project Inconsistent with the State’s Coastal Management Program

Oregon Department of Land Conservation Determines Energy and Gas Pipeline Project Inconsistent with the State’s Coastal Management Program

On February 19, 2020, the Oregon Department of Land Conservation and Development (DLCD) issued a [...]