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News Articles

Ninth Circuit Upholds Use of Climate Change Predictive Models as Basis for Listing Species for Protection Under the Federal Endangered Species Act

The Ninth Circuit Court of Appeals has upheld a listing determination under the federal Endangered Species Act (ESA) based on both near-and long-term climate change…

Read More 2016-11-18

New Mexico Supreme Court Rules that Water Diverted in Colorado But Put to Beneficial Use Within New Mexico is Subject to New Mexico State Engineer’s Jurisdiction

New Mexico has confronted numerous interstate water issues. In virtually all of the cases, New Mexico was the upstream state. On the Pecos River, New…

Read More 2016-11-12

The Endangered Species Act Protects Listed Plants Differently than Listed Animals, Ninth Circuit Court of Appeals Confirms

The Ninth Circuit Court of Appeals has confirmed that the federal Endangered Species Act (ESA) prohibits the unpermitted “taking” of listed fish and wildlife species,…

Read More 2016-11-12

California First District Court of Appeal Finds San Francisco Ordinance Restricting Landlord’s Exit from Rental Market Preempted by State Law

The Court of Appeal for the First District held that a state law known as the Ellis Act of 1985 preempts an ordinance adopted by…

Read More 2016-11-12

U.S. District Court Upholds Nestlé Waters’ Right to Continue Water Diversions on U.S. Forest Service Land

Judge Jesus G. Bernal of the U.S. District Court for the Central District of California rejected allegations that the U.S. Forest Service (USFS) and other…

Read More 2016-11-12

California Governor Brown Approves Assembly Bill 2551, Which Broadens Public Contracting Options for Surface Water Storage Projects

Governor Brown signed Assembly Bill 2551 (AB 2551) on September 28, 2016. The bill aims to streamline the construction of local agency water storage projects.…

Read More 2016-11-12

Water and Energy—U.S. Department of Energy and Department of the Interior Publish National Offshore Wind Strategy

In September, the U.S. Department of Energy (DOE) and U.S. Department of the Interior (DOI) jointly released a national Offshore Wind Strategy (Strategy) in order…

Read More 2016-11-12

California Supreme Court Rejects Save Our Neighborhood v. Lishman’s ‘New Project’ Test For Subsequent Review under CEQA

In a unanimous decision, the California Supreme Court rejected the notion that public agencies should get no deference in deciding whether to treat proposed projects…

Read More 2016-11-12

U.S. EPA’s Collection of Private Information for Clean Water Act Enforcement Shielded From Freedom of Information Act Disclosure by Eighth Circuit Court of Appeals

As government agencies collect private information in increasingly large and sophisticated data caches, that data remains susceptible to disclosure under the Freedom of Information Act…

Read More 2016-11-12

California Superior Court Rules State Water Resources Control Board Has Authority under Public Trust Doctrine to Regulate Groundwater Pumping

The Sacramento County Superior Court has entered final judgment in Environmental Law Foundation et al. v. State Water Resources Control Board and County of Siskiyou,…

Read More 2016-11-12