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News Articles

Coastal ‘Managed Retreat’—A Sensible and Tempered Climate Mitigation Strategy or a Sacrificial Abandonment?

By David C. Smith It is your California dream home—beach-front access and 180-degree ocean views. However, due to being included in a “hazards” overlay zone,…

Read More 2020-05-08

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

By Nathalie Camarena and Rebecca Andrews Recently the U.S. District Court for the Northern District of Iowa was faced with claims of water and soil…

Read More 2020-05-08

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

By Geremy Holm and Steve Anderson In March 2020, the U.S. Geological Survey (USGS) released a study seeking to explain the physical mechanism behind the…

Read More 2020-05-08

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

By Chris Carrillo and Derek R. Hoffman The California Department of Water Resources (DWR) recently issued a report indicating the State has seen a modest…

Read More 2020-05-06

D.C. Circuit Holds Clean Air Act Rulemaking Reconsideration Petition is Proper Where Final Rule Was Not a ‘Logical Outgrowth of Proposed Rule’

By Deborah Quick The U.S. Environmental Protection Agency (EPA) adopted a final rule, governing pollutant emissions from coal- and gas-fired utility boilers. The rule set…

Read More 2020-05-06

Allegations of RICO Violations In Clean Air Act, ‘Clean Diesel’ Litigation, Survive Motion to Dismiss at the 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)…

Read More 2020-05-06

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

By Alex Shasteen In Citizens for Responsible Development in The Dalles v. Wal-Mart Stores, Inc., the issue of whether a wetlands fill permit issued by…

Read More 2020-05-06

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 & Wildlife (CDFW) issued an Incidental Take Permit (ITP) to…

Read More 2020-05-06

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) released a proposed Interim Plan to operate the Klamath…

Read More 2020-05-06

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 Court decision in Knick v. Township of Scott,…

Read More 2020-05-06