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News Articles

Governor Newsom Issues Executive Order that Suspends Certain Noticing Deadlines Under the CEQA

By Nedda Mahrou Recently, California Governor Gavin Newsom issued an Executive Order suspending various timeline aspects of the California Environmental Quality Act (CEQA). This will…

Read More 2020-06-20

U.S. Supreme Court Finds ‘Functional Equivalent’ Test Guides the Inquiry Whether an NPDES Permit is Required for Groundwater Point Sources that Link to Waters of the U.S.

By Travis Brooks On April 23, in County of Maui v. Hawaii Wildlife Fund,  the U.S. Supreme Court provided an answer to a question that…

Read More 2020-06-20

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