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News Articles

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 negative determination regarding the proposed Jordan Cove Energy Project and…

Read More 2020-04-01

Idaho Department of Health Issues Shelter in Place Order—Where Do State Irrigation Water Entities Stand During the Covid-19 Pandemic?

The Covid-19 ongoing pandemic is touching all aspects of people’s lives and livelihoods. Many states have issued shelter-in-place orders (or stay-at-home orders) effectively shuttering wide…

Read More 2020-04-01

California Court of Appeal Upholds Development Project EIR Even though Large Component of the Project Would Not Likely Be Built

The California Court of Appeal for the Third Judicial District has rejected a laundry list of claims under the California Environmental Quality Act (CEQA) brought…

Read More 2020-04-01

California State Senator Wiener Introduces Legislation to Streamline Affordable Housing on Properties Owned by Religious Institutions and Nonprofit Hospitals

California State Senator Scott Wiener (D - San Francisco) recently introduced Senate Bill 899 (SB 899), which would allow faith institutions and nonprofit hospitals to…

Read More 2020-04-01

California Fish and Game Commission Adopts New Striped Bass Policy for Delta

In late February 2020, the California Fish and Game Commission voted unanimously to adopt an amended striped bass policy for the Sacramento-San Joaquin Delta. Striped…

Read More 2020-03-29

D.C. Circuit Court Finds CERCLA Cost Recovery Claim Against the Federal Government Fails Due to Previous Clean Water Act Consent Decree

On February 14, 2020, the D.C. Circuit Court of Appeals determined that the government of Guam was unable to recover money from the U.S. Navy…

Read More 2020-03-28

California Court of Appeal Finds Certified Local Coastal Plan, Not the Coastal Act Regulation, Governs City’s Coastal Development of Housing Facility

A local interest group brought suit challenging the City of San Diego’s (City) issuance of a Conditional Use Permit (CUP) allowing the City to convert…

Read More 2020-03-28

Court of Federal Claims Rejects Takings Claims Related to Hurricane Harvey Downstream Flooding Cases

The U.S. Court of Federal Claims dismissed U.S. Constitutional Fifth Amendment takings claims related to “Hurricane Harvey” for failure to state a claim upon which…

Read More 2020-03-28

Court of Federal Claims Finds U.S. Government Liable for Upstream Flooding Caused by Dam During Tropical Storm Harvey

The U.S. Court of Federal Claims recently found that the government’s actions relating to the Addicks and Barker Dams (Dams) and the accompanying flooding of…

Read More 2020-02-21

Washington State Supreme Court Accepts Discretionary Review of Recent Ruling Invalidating Portions of State Instream Flow Rule

The Washington State Supreme Court ruled on petition from the State of Washington’s water resource agency, the Department of Ecology (Ecology), granting discretionary review of…

Read More 2020-02-21