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News Articles

Council on Environmental Quality Publishes Final Rule Updating NEPA’s Implementing Regulations

By Sam Bivins and Meredith Nikkel The Council on Environmental Quality (CEQ) recently published a final rule updating the National Environmental Policy Act’s (NEPA) implementing…

Read More 2020-09-07

California Court of Appeal Affirms State Water Board’s Authority to Regulate Unreasonable Water Use through Temporary Emergency Regulations and Curtailment

By Paula Hernandez and Derek R. Hoffman The California Third District Court of Appeal recently upheld a determination that the State Water Resources Control Board’s…

Read More 2020-09-07

FERC Order Requires PacifiCorp to Remain on for Klamath Dam Removals

By Austin C. Cho and Meredith Nikkel A recent ruling by the Federal Energy Regulatory Commission (FERC) has inserted a new condition on a longstanding…

Read More 2020-09-07

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…

Read More 2020-09-07

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…

Read More 2020-09-07

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…

Read More 2020-09-07

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…

Read More 2020-07-10

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…

Read More 2020-07-10

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…

Read More 2020-07-10

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…

Read More 2020-07-09