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U.S. Department of the Interior Inspector General Confirms Misuse of Government Funds in Klamath Basin Controversy

The U.S. Department of the Interior, Office of Inspector General (OIG) recently issued an audit report assessing whether the U.S. Bureau of Reclamation (Bureau) had…

Read More 2016-11-12

Texas Supreme Court Extends the ‘Accommodation Doctrine to Groundwater Estates

The Texas Supreme Court has taken steps to extend the “accommodation doctrine,” which was initially developed to resolve disputes between surface and minerals owners, to…

Read More 2016-11-12

California Supreme Court Upholds State Law Restrictions Against Suction Dredge Mining In Waters on Federal Land

The California Supreme Court ruled in People v. Rinehart, ___Cal.4th___, Case No. S222620 (Cal. Aug. 22, 2016), that California state laws restricting the practice of suction…

Read More 2016-09-20

California Water Commission to Consider Revised Regulations on Eligibility of Water Storage Projects for Proposition 1 Funding

On September 2, the California Water Commission (CWC) released revised draft regulations designed to implement the Water Storage Investment Program (WSIP). The regulations govern eligibility…

Read More 2016-09-20

San Francisco Superior Court Deems Sufficient the Environmental Review for the NBA® Warriors Arena and Mixed Use Project

The San Francisco Superior Court has denied two petitions for writ of mandate to set aside the Office of Community Investment and Infrastructure’s (OCII) certification…

Read More 2016-09-07

California Fifth District Court of Appeal Holds City Did Not Abuse Discretion in Determining that Shopping Center Project was Consistent with Its General Plan

The Fifth District Court of Appeal has held that the City of Modesto’s General Plan contains flexible policies that permitted the approval of a shopping…

Read More 2016-09-07

California Supreme Court Finds State Officials May Conduct Pre-Condemnation Environmental and Geological Activities on Privately Owned Delta Lands

Capping several years of litigation, on July 21, 2016, the California Supreme Court determined in Property Reserve, Inc. v. Superior Court that California’s eminent domain…

Read More 2016-09-07

White House’s Council on Environmental Quality Issues Final Guidance on Greenhouse Gas Emissions Consideration under NEPA

The White House’s Council on Environmental Quality (CEQ), the federal entity with responsibility for implementation of the National Environmental Policy Act (NEPA) issued final guidance…

Read More 2016-09-07

Fifth Circuit Stays EPA’s Texas and Oklahoma Clean Air Act Rule State of Texas et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 16-60118 (5th Cir. July 15, 2016).

The Fifth Circuit Court of Appeals has stayed the U.S. Environmental Protection Agency’s (EPA) Final Rule partially imposing a Federal Implementation Plan (FIP) on the…

Read More 2016-09-07

D.C. Circuit Court of Appeals Upholds U.S. EPA’s ‘Backstop’ Authority to Revoke Army Corps’ Clean Water Act 404 Permit Due to ‘Unacceptable Adverse Effects’ on Wildlife

In a second look at withdrawal of fill disposal sites by the U.S. Environmental Protection Agency (EPA) from a federal Clean Water Act (CWA) §…

Read More 2016-09-07