News Articles

Utah Supreme Court Distinguishes Water Right Impairment from Interference—Finds Claimant Need Not Make Administrative Phase Protest of Change Application to Later Raise Interference Argument

By Jonathan Clyde The Utah Supreme Court issued an amended decision in this case and clarified the distinction between impairment of and interference with water…

U.S. District Court Dismisses Clean Water Act for Pre-Suit Notice Deficiency and Conclusory Statements In Complaint

By Marco Antonio Ornelas and Rebecca Andrews The U.S. District Court for the Eastern District of Louisiana recently dismissed a federal Clean Water Act citizen…

EPA’s Ranking of Hazardous Waste Site for Inclusion on National Priorities List Survives Challenge in the D.C. Circuit

By Deborah Quick The successor in interest to a polluting industrial operator challenged the listing of a site on the National Priorities List, asserting the…

U.S. District Court Holds EPA Has an Ongoing Nondiscretionary Duty under the Clean Water Act to Update the National Contingency Plan

By Rebecca Andrews and Patrick Skahan On June 2, 2020, the U.S. District Court for the Northern District of California denied defendants Andrew Wheeler and…

Nevada State Engineer Engages in Proposed Major Rulemaking Effort

By Debbie Leonard On June 24, 2020, the Nevada State Engineer held a workshop to solicit comments on proposed amendments to and adoption of regulations…

California Court of Appeal Offers Its Solution to Redevelopment Area Tax Increment Payment Calculations

By Travis Brooks After the California Legislature disbanded more than 400 redevelopment agencies in 2011, county auditors and controllers have dealt with a fundamental lack…

California Department of Water Resources Increases State Water Project Water Deliveries to 20 Percent—Bureau of Reclamation Increases Water Allocations from the Central Valley Project

By Chris Carrillo and Derek R. Hoffman The California Department of Water Resources (DWR) recently announced it would increase the previously planned 2020 water deliveries…

Ninth Circuit Finds State Law-Based Climate Change Lawsuit Determined Not to Raise Federal Questions for Purposes of Federal Court Removal

by Nathalie Camarena and Rebecca Andrews) A California state law claim for public nuisance in a climate change lawsuit brought by the City of Oakland…

Ninth Circuit Requires U.S. Forest Service to Prepare EIS—Finds Environmental Assessment for Restoration Project Inadequate

By Travis Brooks The U.S. Court of Appeals for the Ninth Circuit recently rejected an Environmental Assessment (EA) prepared by the U.S. Forest Service (USFS)…

Allegations of RICO Violations In ‘Clean Diesel’ Litigation Survive Motion to Dismiss at the U.S. District Court

By Deborah Quick A third U.S. District Court has rejected a motion to dismiss Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962, RICO)…