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D.C. Circuit Vacates Hydroelectric Dam License Over Deficiencies with the Clean Water Act Water Quality Certification

By Rebecca Andrews The United States Circuit Court of Appeals for the District of Columbia recently determined that the State of Maryland could not retroactively…

Read More 2023-03-05

Modernizing the Columbia River Treaty—What’s to Come?

By Jamie Morin & Alisa Royem The Columbia River is the fourth-largest river in the U.S. by volume according to Wikipedia©. At 1,243 miles in…

Read More 2022-09-27

California Court of Appeal Declares Terrestrial Invertebrates Eligible for Listing under California Endangered Species Act

By Wesley A. Miliband, Kristopher T. Strouse In Almond Alliance of California v. Fish & Game Commission the Third District Court of Appeal answered the…

Read More 2022-09-27

California Supreme Court Holds Federal Power Act Does Not Preempt Application of CEQA to State Authority Over Dam Licensing

By Bridget McDonald On August 1, 2022, the California Supreme Court issued its highly anticipated decision in County of Butte v. Department of Water Resources.…

Read More 2022-09-27

U.S. Supreme Court Rules Major Questions Doctrine Prohibits Broad Delegation of Congressional Authority to Regulate Greenhouse Gas Emissions Systems

By Deborah Quick, Esq. and Lucille Flinchbaugh, Esq. The United States Supreme Court has considered whether the “best system of emission reduction” identified by the…

Read More 2022-09-27

California State Water Resources Control Board Proposes Emergency Regulations for Russian River Watershed

By Miles Krieger and Steve Anderson   In May 2002, the State Water Resources Control Board (State Water Board) readopted emergency regulations authorizing the board…

Read More 2022-06-16

California State Water Resources Control Board Adopts Emergency Drought Regulations Pursuant to Executive Order

By Byrin Romney and Derek Hoffman   California continues to battle worsening drought conditions through regulations designed to reduce water use throughout the state. On…

Read More 2022-06-16

Ninth Circuit Finds Forest Service Failed to Explain How Project Complied with the Roadless Area Conservation Rule

By James Purvis The State of Alaska and Safari Club International (a hunting organization) filed suits under various federal statutes against the Secretary of the…

Read More 2022-06-16

California Court of Appeal Holds City’s Ban on Short-Term Rentals in Coastal Zone Constituted An Amendment Requiring Coastal Commission Approval

By Bridget McDonald In an April 6, 2022 published decision, the Second District Court of Appeal upheld a trial court order enjoining the City of Manhattan…

Read More 2022-06-16

Ninth Circuit Rules Clean Water Act Water Quality Objectives Are Not Directly Applicable to Nonpoint Source Dischargers

By Helen Byrens and Rebecca Andrews The U.S. Court of Appeals for the Ninth Circuit recently granted a summary judgment affirming that the government had…

Read More 2022-06-16