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Appeals Environmental Litigation Water Rights

Brownstein Hyatt Farber Schreck

California Water Statute Cannot Overcome Constitutional Balancing—Even for Fish

California Fish and Game Code Section 5937 has long been a subject of scholarly debate with uncertainty in its application. In a published opinion filed on April 2, 2025, California’s Court of Appeal for the Fifth Appellate...more

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

Hanson Bridgett on

On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

Perkins Coie

Court Upholds EIR for Kern River Diversion and Storage Project

Perkins Coie on

A California Court of Appeal held that the EIR for a public water authority’s river diversion and water storage project adequately described the unadjudicated waters to be diverted and adequately analyzed impacts to water...more

Allen Matkins

State Water Board Registrations of Small Water Diversions Are Ministerial and Exempt from CEQA

Allen Matkins on

The State Water Resources Control Board’s registrations of small water diversions are ministerial projects and hence exempt from CEQA. As such, allegedly erroneous registrations cannot be challenged under CEQA. Mission Peak...more

Beveridge & Diamond PC

With This Tie, There Is a Winner: 4-4 SCOTUS Ruling Results in Victory for Native Americans and a Clear Mandate for Washington to...

Beveridge & Diamond PC on

In most instances, a tie means there is no winner and no loser. Not so with the U.S. Supreme Court’s 4-4 tie in the “Culverts Case” (one branch of the sprawling U.S. v. Washington case) on June 11, 2018. Instead, by...more

Stoel Rives LLP

Supreme Court Affirms Ninth Circuit’s Decision in Culverts Case

Stoel Rives LLP on

Today the United States Supreme Court issued a 4-4 per curiam decision (Justice Kennedy was recused) affirming the United States Court of Appeals for the Ninth Circuit’s decision in the Culverts case, which is the latest...more

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