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News Articles

The Pitfalls of Water Rights Reporting to the State Water Resources Control Board

By Jeanne Zolezzi If you divert and use water from a surface water source, California law requires you to report your diversion and use to…

Read More 2021-05-03

U.S. Supreme Court Finds FOIA’s Deliberative Process Exemption Protected Draft Biological Opinions from Public Disclosure

By James Purvis The Sierra Club brought a Freedom of Information Act (FOIA) action against the U.S. Fish and Wildlife Service (FWS) and the National…

Read More 2021-05-03

California Court of Appeal Upholds Adoption of Voter Initiative, Finding the Initiative Did Not Require a Two-Thirds Majority to Pass

By James Purvis Plaintiffs sued to invalidate “Proposition C,” an initiative entitled “Universal Childcare for San Francisco Families Initiative,” on the ground that it required…

Read More 2021-03-23

D.C. Circuit Vacates Federal Easement Awarded to Dakota Access Pipeline, Finding U.S. Army Corps Violated NEPA By Failing to Prepare an EIS

By Bridget McDonald In Standing Rock Sioux Tribe v. United States Army Corps of Engineers, the U.S. Court of Appeals for the D.C. Circuit found…

Read More 2021-03-23

D.C. Circuit Finds that the Flexible Ozone Offsets Program Not Authorized under the Clean Air Act

By Deborah Quick Congress sought to diminish state discretion to regulate six specific air pollutants by its 1990 amendments to the Clean Air Act. Those…

Read More 2021-03-23

U.S. District Court Dismisses Clean Water Act Citizen Suit for Failure to Show an Environmental Injury to Establish Standing

By Geremy Holm and Rebecca Andrews The U.S. District Court for the Southern District of Georgia recently granted a motion to dismiss a Clean Water…

Read More 2021-03-23

California State Water Resources Control Board Adopts New Order Establishing Statewide Waste Discharge Requirements for Wineries

By Wesley A. Miliband and Kristopher T. Strouse On January 20, 2021, the State Water Resources Control Board (SWRCB or Board) voted unanimously in favor…

Read More 2021-03-23

Oregon Court of Appeals Rules that Klamath Basin General Stream Adjudication is the Only Viable Avenue for Judicial Review of Water Rights Issues within the Basin

By Stephen Odell The Oregon Court of Appeals ruled that water rights holders could not independently secure judicial review, outside the statutory process prescribed for…

Read More 2021-03-23

Ninth Circuit Finds Federal Agencies Violated National Environmental Policy Act and Endangered Species Act in Approving Offshore Oil Facility

By James Purvis Various conservation groups brought suit challenging the U.S. Department of the Interior’s Bureau of Ocean Energy Management’s (BOEM) approval of an offshore…

Read More 2021-02-19

U.S. Fish and Wildlife Service Finalizes Regulatory Definition for the Term ‘Habitat’ as Used in the Endangered Species Act

By Paige Gosney In December 2020, the U.S. Fish & Wildlife Service (FWS) finalized for the very first time a regulatory definition for the term…

Read More 2021-02-19