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News Articles

U.S. Fish and Wildlife Service and National Marine Fisheries Service Issue Biological Opinions regarding California WaterFix ‘Tunnels Project’

On June 23, 2017, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) issued their respective Biological Opinions (BiOps) for the…

Read More 2017-07-06

California Assembly Bill 313 Proposes Transfer of Water Rights Enforcement Hearings from the State Water Resources Control Board to a New Entity

On May 30, 2017, a sizeable majority of the California State Assembly passed Assembly Bill 313 (AB 313) to establish a new Water Rights Division…

Read More 2017-07-06

U.S. District Court Refuses to Force Department of the Interior to Complete Six-Year NEPA Review of Regulation Exempting Offshore Oil and Gas Exploration and Development

The U.S. Department of the Interior (DOI or Interior) regulations provide a categorical exclusion from environmental review for offshore oil and gas exploration and development.…

Read More 2017-07-06

D.C. Circuit Finds Clean Water Act Does Not Expressly Preempt EPA’s Ability to Withhold Data in the Face of a FOIA Request

Within the context of the U.S. Environmental Protection Agency’s (EPA) September 2009 decision to revise its decades-old regulations limiting pollution by steam-electric power plants—EPA obtained…

Read More 2017-07-06

Exxon Shareholders Demand Disclosure of Climate Change Impacts on Investments

ExxonMobil (Exxon), the world’s largest oil company, conducted an historic shareholders’ vote at the company’s annual meeting on May 31, 2017. With 62 percent of…

Read More 2017-07-06

Is the State’s Cap-and-Trade Program a ‘Tax’?—Not According to the California Court of Appeal

Perhaps the longest lingering litigation threat to the California Legislature’s adoption of and the California Air Resources Board (CARB)’s implementation of the precedent-setting Global Warming…

Read More 2017-05-09

Idaho Conservation League Lodges Wastewater Handling Complaint Against Cattle Feedlot and Cheese Plant

On April 7, 2017, the Idaho Conservation League (ICL) lodged a complaint with the Idaho Department of Environmental Quality (DEQ) and the Idaho State Department…

Read More 2017-05-09

Utah Legislative Report—2017 General Session Water Related Bills

HB 84 This bill was designed to clarify the effect of filing a series of non-use applications on a water right. The filing of non-use…

Read More 2017-05-09

Delta Stewardship Council Begins Scoping Process for Environmental Review of Proposed Delta Plan Amendments

On March 16, 2017, the Delta Stewardship Council (DSC) issued a Notice of Preparation (NOP) regarding its development of a Program Environmental Impact Report (PEIR)…

Read More 2017-05-09

State Water Resources Control Board Releases Draft Emergency Regulation Establishing Fees to Recover Costs Incurred Due to State Intervention under SGMA

On March 8, 2017, the State Water Resources Control Board (SWRCB) released for public comment a draft emergency regulation that would impose new fees on…

Read More 2017-05-09