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News Articles

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

California Court of Appeal Rejects CEQA Challenges to County of Riverside’s Approval of Master-Planned Development Project

In a lengthy opinion certified for publication on March 15, 2017, the Court of Appeal for the Fourth District affirmed a lower court’s holding denying…

Read More 2017-05-09

California Supreme Court Holds EIR For Project Located in the Coastal Zone Needed to Identify Potential ‘Environmentally Sensitive Habitat Areas’

In a unanimous decision, the California Supreme Court held that the California Environmental Quality Act (CEQA) requires an EIR for a project located within a…

Read More 2017-05-09

Ninth Circuit Denies Petition For Review of Clean Air Act Federal Implementation Plan For the Navajo Nation

The Ninth Circuit Court of Appeals denied a petition for review brought by plaintiffs tribal conservation organizations and environmental interest groups challenging the Federal Implementation…

Read More 2017-05-09

Fulfilling Campaign Promise, President Trump Begins Expected Repeal of Clean Power Plan

On March 28, 2017, President Donald Trump issued an Executive Order on “Promoting Energy Independence and Economic Growth” (Executive Order) which commences the rollback of…

Read More 2017-05-09

Ninth Circuit Confirms U.S. Bureau of Reclamation Has Broad Authority to Release Water From Trinity River For Downstream Fish Benefits

The Ninth Circuit Court of Appeals has held that the U.S. Bureau of Reclamation (Bureau) had statutorily granted power to release water in excess of…

Read More 2017-03-30