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News Articles

Colorado Supreme Court Issues Ruling Regarding Transmountain Diversions and Historical Use Analysis In Water Right Change Applications

On December 5, 2016, the Colorado Supreme Court reversed the Division 2 Water Court’s decision approving Busk-Ivanhoe, Inc.’s (Busk-Ivanhoe) application for a change of place…

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U.S. Fish and Wildlife Service Issues Final 2016 Biological Opinion For Water-Related Activities in the Upper and Middle Rio Grande

On December 2, 2016, the U.S. Fish & Wildlife Service (FWS) issued the final Biological Opinion (2016 BiOp) providing for federal Endangered Species Act (ESA)…

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U.S. District Court Finds Mississippi Numerical Water Quality Standards Are Not Compelled By the Clean Water Act

A U.S. District Court in Louisiana has ruled that it is within the discretion of the U.S. Environmental Protection Agency (EPA) not to compel states…

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U.S. District Court Finds EPA’s Approval of Rhode Island’s Clean Water Act TMDL Reports Did Not Constitute a Determination of Stormwater Discharges

Conservation Law Foundation (plaintiff) sued the U.S. Environmental Protection Agency (EPA) alleging that it failed to carry out its non-discretionary duties under the federal Clean…

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California Supreme Court Limits Reach of the Public Records Act

The Public Records Act (Government Code § 6250 et seq. (PRA)) is frequently a feature of land use practice and litigation. Accordingly, land use practitioners…

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California Department of Water Resources Releases Interim Update of Bulletin 118 to Aid Timely Implementation of the Sustainable Groundwater Management Act

On December 23, 2016, the California Department of Water Resources (DWR) released an interim update of Bulletin 118, DWR's compendium of information regarding the occurrence,…

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U.S. Bureau of Reclamation and California Department of Water Resources Release Final Environmental Documents for the California WaterFix Project

On December 22, 2016, the U.S. Bureau of Reclamation (Bureau) and the California Department of Water Resources (DWR) issued a joint news release announcing the…

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Massachusetts Department of Environmental Protection Releases Draft Greenhouse Gas Emissions Regulations

In December 2016, the Massachusetts Department of Environmental Protection (DEP) released draft greenhouse gas emissions regulations as a result of two things. In May 2016,…

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Secretary of the Interior Issues Order to Protect California From the Effects of Drought and Climate Change

On January 3, 2017, Secretary of the Interior, Sally Jewell, issued a Secretarial Order (Order) instructing the U.S Department of the Interior (DOI) and its…

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Ninth Circuit Affirms EPA’s Approval of a PSD Clean Air Act Permit For Biomass-Burning Power Plant at Lumbar Mill

The Ninth Circuit Court of Appeals has considered Helping Hand Tools (Helping Hand) and the Center for Biological Diversity’s (Center) petition for review of a…

Read More 2017-02-14