Earlier this year, Governor Newsom issued Executive Order (EO) N-16-25. That order is designed to facilitate the diversion and storage of flood flows and aligns with the Governor’s broader water supply strategy, which is...more
On April 2, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Bring Back the Kern v. City of Bakersfield, 2025 S.O.S. 909. That case held that courts must apply the reasonableness...more
4/7/2025
/ Appellate Courts ,
California ,
Constitutional Challenges ,
Due Process ,
Environmental Litigation ,
Judicial Authority ,
Preliminary Injunctions ,
Rivers ,
Statutory Interpretation ,
Water ,
Water Pollution ,
Water Rights
On March 14, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Sandton Agriculture Investments III v. 4-S Ranch Partners, 2025 S.O.S. 659. That case provided guidance on ownership of...more
On January 24, 2025, President Trump issued Executive Order 14181 (“EO 14181”), entitled “Emergency Measures to Provide Water Resources in California and Improve Disaster Response in Certain Areas.” While alluding to...more
On October 23, 2024, the US Environmental Protection Agency (EPA) announced $276 million in available funding for California water infrastructure projects. When combined with the $269 million it announced on October 8, 2024,...more
The time for Newsom to sign or veto bills has now passed. Of the nine bills discussed herein, Newsom signed seven and vetoed two. Please see the update below each bill that discusses its resolution....more
10/1/2024
/ California ,
Environmental Policies ,
Governor Newsom ,
Governor Vetoes ,
Groundwater ,
New Regulations ,
State Legislatures ,
State Water Boards ,
Water ,
Water Rights ,
Water Supplies
The 2024 legislative session ended on August 31, meaning the legislature passed all bills for this year. All of the bills are currently with Governor Newsom. He has until September 30 to sign or veto any bills. Any bills not...more
On September 6, 2024, EPA announced $7.5 billion in available loan funding through the Water Infrastructure Finance and Innovation Act (WIFIA). From that total, $6.5 billion is available through WIFIA loans and $1 billion is...more
On August 6, 2024, the Office of Administrative Law (OAL) approved the direct potable reuse (DPR) regulations that were previously adopted by the State Water Resources Control Board (State Water Board) on December 19, 2023....more
Per- and polyfluoroalkyl substances (PFAS) are at the top of every environmental regulator’s list in 2024 and already this year the United States Environmental Protection Agency (EPA) has taken key steps toward regulating...more
6/13/2024
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
RCRA ,
Superfund ,
Toxic Chemicals ,
Toxic Exposure ,
Water
Water Agencies Beware Before Proceeding with Forced Municipalization -
California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more
5/24/2024
/ California ,
Condemnation ,
Construction Contracts ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Municipalities ,
New Regulations ,
PFAS ,
Public Contracts ,
Public Entities ,
State Water Boards ,
Storm Water ,
Utilities Sector ,
Water ,
Water Quality ,
Water Supplies
On April 2, 2024, the California Department of Water Resources (DWR) released the California Water Plan Update 2023 (CWP 2023 Update). DWR’s press release dubs the plan “A Roadmap to Water Management and Infrastructure for a...more
On March 12, 2024, the State Water Resources Control Board (State Water Board) announced updates to the “Make Conservation a California Way of Life” framework that is based on SB 606 and AB 1668 from 2018. The changes seek to...more
On January 4, 2024, the Legislative Analyst's Office (LAO) issued its statutorily-mandated report – “Assessing Early Implementation of Urban Water Use Efficiency Requirements” – analyzing the implementation of the “Make...more
After releasing the final environmental report (EIR) for the Delta Conveyance Project on December 8, the Department of Water Resources (DWR) certified it on December 21, 2023. The certification of the final EIR is a...more
If there is one truism in California water, it is that there is not enough of it. In part to try to help address that issue, on December 19, 2023, the California State Water Resources Control Board (State Water Board) adopted...more
1/2/2024
/ California ,
Drinking Water ,
Environmental Policies ,
Infrastructure ,
Public Health ,
Regulatory Agenda ,
Regulatory Reform ,
State and Local Government ,
Urban Planning & Development ,
Wastewater ,
Water ,
Water Resources Control Board ,
Water Supplies
On October 8, 2023, Governor Gavin Newsom signed into law Senate Bill 389 (“SB 389”), which amended § 1051 of the Water Code to expand the investigatory authority of the State Water Resources Control Board (“Water Board”)....more
10/20/2023
/ Enforcement Authority ,
Environmental Policies ,
Infrastructure ,
Investigations ,
New Legislation ,
Regulatory Oversight ,
State and Local Government ,
Water ,
Water Resources Control Board ,
Water Rights ,
Water Supplies
On January 10, 2023, Governor Gavin Newsom announced his $297 billion budget proposal for 2023-2024, which includes a $22.5 billion budget deficit. Despite environmental/climate change programs facing $6 billion in cuts,...more
1/12/2023
/ California ,
Climate Change ,
Drought ,
Environmental Policies ,
Flood Management ,
Infrastructure ,
PFAS ,
Regulatory Agenda ,
State and Local Government ,
State Budgets ,
Urban Planning & Development ,
Water ,
Water Rights ,
Water Supplies ,
Watershed
On September 12, 2022, the Court of Appeal for the Sixth District issued its opinion in the California Water Curtailment Cases, No. 1-15-CV285182 (2022). The court held that the State Water Resources Control Board (State...more
On August 11, 2022, Governor Gavin Newsom released California’s Water Supply Strategy – Adapting to a Hotter, Drier Future. The 19-page plan is designed to help the state adapt to the impacts of climate change on its water...more
A key priority of the Newsom Administration – the Delta Conveyance Project – has officially entered its next chapter. On July 22, the Department of Water Resources (DWR) released its draft environmental impact report (Draft...more
On May 24, 2022, the California State Water Resources Control Board announced emergency drought restrictions resulting from Governor Newsom’s Executive Order N-7-22. The regulations are the latest in a series of attempts by...more
5/31/2022
/ Agribusiness ,
Agricultural Sector ,
California ,
Drought ,
Emergency Management Plans ,
Executive Orders ,
Groundwater Management Plan ,
Property Owners ,
Water ,
Water Conservation ,
Water Resources Control Board ,
Water Supplies
On May 12, 2022, at the conclusion of a ten-hour hearing, the California Coastal Commission voted to deny Poseidon Water’s application to site and operate a desalination plant in Huntington Beach, in what could be a fatal...more
At a board meeting on April 26, 2022, the Metropolitan Water District of Southern California (“the Met”) announced it would be requiring reductions in water usage from retail water suppliers that are dependent on water from...more
As part of a busy few weeks that revealed the severity of the drought California is currently facing, Governor Gavin Newsom issued Executive Order N-7-22. The executive order is the latest in a series of orders aimed at...more