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News Articles

U.S. District Court Remands 2015 ‘Waters of The U.S.’ Rule to Agencies For Further Notice and Comment

The U.S. District Court for the Southern District of Texas recently found that the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corp of…

Read More 2019-10-08

Nevada Supreme Court May Continue to Exercise Equitable Powers Over Water Rights Matters

On September 12, 2019, the Nevada Supreme Court issued a decision that confirmed the authority of Nevada’s District Courts to grant equitable relief when reviewing…

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Colorado Supreme Court Rules that Water Court Jurisdiction Does Not Extend to Unadjudicated Water Rights

In a recent appeal, on September 9, 2019, the Colorado Supreme Court ruled that the Water Court jurisdiction does not include unadjudicated water rights, and…

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Butte County and Local Water Suppliers Consider Project to Send Water from Paradise to Chico In the Wake of the Camp Fire Disaster

The County of Butte, the California Water Service and the Paradise Irrigation District (PID) have begun studying whether it is economically feasible to pipe water…

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California Court Affirms County’s Approval of Subdivision Identified in Recirculated EIR as Environmentally Superior Alternative

In a unanimous, yet unpublished opinion, the Sixth District Court of Appeal affirmed the 142-page decision of the trial court denying the petition for a…

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U.S. Fish and Wildlife Service and the NOAA Fisheries Jointly Announce Revisions to Regulations Implementing Portions of the Endangered Species Act

The U.S. Fish and Wildlife Service (Service) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NOAA Fisheries) (collectively: The Services) have revised…

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California Legislature Approves Senate Bill 330—The Housing Crisis Act of 2019

Senate Bill (SB) 330, authored by Democratic Senator Nancy Skinner, establishes the Housing Crisis Act of 2019, which, until January 1, 2025, places restrictions on…

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All Cannabis Is Local: Illinois and Municipal ‘Social Use Permits’

What role do municipalities play in regulating or controlling state legalized sales, growing and consumption? Perhaps, a very large, gatekeeper role. In many states, California…

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Deliberative Process Privilege Shields EPA Algorithms for Greenhouse Gas Emissions From Disclosure under FOIA

Exemption 5 from the Freedom of Information Act (FOIA, 5 U.S.C. § 552 et seq.)—also known as the “deliberative process privilege”— shields from disclosure inter-…

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Federal Government and the State of California Intensify Fight Over the Regulation of Vehicle Emissions Standards

A confrontation that has been a year (or more) in the making has finally materialized. On September 18, 2019, via Twitter, President Donald Trump announced:…

Read More 2019-10-08