News & Analysis as of

California Water Pollution

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It

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The Court of Appeal confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during a...more

Allen Matkins

California Environmental Law & Policy Update 5.30.25

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The U.S. Supreme Court on Thursday ruled in favor of an alliance of local counties that support a planned 88-mile railroad project in Utah, concluding that the federal environmental review process did not have to consider...more

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

Nossaman LLP

New Court Case Reasserts Reasonableness as a Limitation on Water Use

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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

Allen Matkins

California Environmental Law & Policy Update 4.4.25

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As part of a continued effort to expedite rebuilding after Los Angeles' devastating firestorms, Governor Gavin Newsom this week suspended California environmental laws for utility providers working to reinstall key...more

Allen Matkins

California Environmental Law & Policy Update 3.28.25

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The Trump administration is offering coal-fired power plants and other industrial facilities an opportunity to obtain exemptions from Clean Air Act (CAA) requirements designed to reduce emissions of chemicals such as mercury,...more

Tonkon Torp LLP

U.S. Supreme Court Ruling Will Make it Easier to Comply with NPDES Permits

Tonkon Torp LLP on

On March 4, 2025 the Supreme Court overturned the 9th Circuit to rule in favor of the City of San Francisco in a landmark Clean Water Act case. The EPA authorizes states to issue National Pollutant Discharge Elimination...more

Allen Matkins

California Environmental Law & Policy Update 10.11.24

Allen Matkins on

At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl as an endangered or threatened species in California provides sufficient...more

Allen Matkins

California Environmental Law & Policy Update 9.6.24

Allen Matkins on

The Centers for Disease Control and Prevention will lead an investigation into the Tijuana-U.S. cross-border sewage crisis, measuring the potential health impacts on people who live and work near where millions of gallons of...more

Allen Matkins

California Environmental Law & Policy Update 7.26.24

Allen Matkins on

An environmental advocacy organization on July 23 filed a lawsuit against the City of Los Angeles over the Port of L.A.'s stormwater treatment system. At issue is a 53-acre portion of the port on Terminal Island where...more

Allen Matkins

California Environmental Law & Policy Update 6.07.24

Allen Matkins on

Plans to build the largest new reservoir in California in 50 years have taken a significant step forward following a judge’s decision last Friday to dismiss a lawsuit filed by environmental groups challenging the adequacy of...more

Allen Matkins

California Environmental Law & Policy Update 3.15.24

Allen Matkins on

In response to critics who said that proposed new statewide water conservation rules — aimed at cutting urban water use even in years when California is not in a drought — were too complicated and costly, the State Water...more

Allen Matkins

California Environmental Law & Policy Update 9.01.23

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The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (“Corps”) on Tuesday released a new rule that reduces the number of federally protected waters by more than half following a Supreme Court...more

Allen Matkins

California Environmental Law & Policy Update 8.25.23

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) has announced its National Enforcement and Compliance Initiatives for 2024-2027. The list includes first-time initiatives to mitigate exposure to per- and polyfluoroalkyl...more

Allen Matkins

California Environmental Law & Policy Update - 6.30.23

Allen Matkins on

Federal officials on Wednesday announced $52 million in new funding for the U.S. Environmental Protection Agency (EPA) to perform two dozen projects around San Francisco Bay to restore wildlife, expand wetlands, and reduce...more

Perkins Coie

Ninth Circuit Holds Terms of Management Agency Agreement Governing Non-Point Source Pollution on Federal Lands Supersedes Other...

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Forest Service livestock grazing permits do not run afoul of state water quality permitting requirements because the Management Agency Agreement (MAA) between the agency and the State Water Resources Control Board, which...more

Pillsbury Winthrop Shaw Pittman LLP

California Announces First Statewide Microplastics Strategy

Companies should consider taking proactive measures to avoid being blindsided by future microplastic-related laws. California’s adoption of the Statewide Microplastics Strategy is the first attempt by a U.S. state to...more

Perkins Coie

Claims Against State Board and Regional Water Boards for Failure to Protect Against Agricultural Water Pollution Were Not Subject...

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The court of appeal held that, in an action against the State Water Resources Control Board and regional water quality control boards for violations of the State Board’s Nonpoint Source (NPS) Policy and the public trust...more

Nossaman LLP

California Adopts First-in-the-Nation Microplastics Reduction Strategy

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Last week, the Ocean Protection Council adopted California’s Statewide Microplastics Strategy. The strategy is the first of its kind in the nation, focusing on outlining steps to address microplastic pollution, an emerging...more

Stoel Rives - Environmental Law Blog

White Paper Finds No Evidence of Elevated Threat to Human or Crop Safety from Use of Oil Field Produced Water to Irrigate Crops

Last month, the California Regional Water Quality Control Board, Central Valley Region (“Central Valley Water Board”) published a Food Safety Project White Paper (“White Paper”) on the use of oil field produced water for food...more

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