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Allen Matkins

California Environmental Law & Policy Update 5.9.25

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The House passed resolutions last week to rescind federal waivers that allow California to set stricter vehicle emissions standards than the rest of the country. California’s standards currently require the sale of most...more

Allen Matkins

California Environmental Law & Policy Update 4.25.25

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Governor Gavin Newsom is pushing to lay the groundwork for building a $20-billion water tunnel in the Sacramento-San Joaquin River Delta before his term expires, and state water regulators are considering whether to grant a...more

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

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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

Gray Reed

Texas Supreme Court Will Review Produced Water Case

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Who owns produced water in Texas?  And what is produced water anyway – oil and gas waste and part of the mineral estate, or groundwater and part of the surface estate?  We may be closer to an answer to these questions now...more

DLA Piper

Collection of Patents for Non-Use of Water Use Rights

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The Director General of Water issued Exempt Resolution No. 4155 in December 2024, issued within the framework of Article 129 bis 4 et seq. of the Water Use Code, after consultation with the respective user organizations; and...more

Allen Matkins

California Environmental Law & Policy Update - Special Water Supply Edition

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President Donald Trump on Monday issued a memorandum directing the Secretary of Commerce and the Secretary of the Interior to develop a new plan within 90 days “to route more water from the Sacramento-San Joaquin Delta to...more

Nossaman LLP

New California Legislation on Water Issues – Updated with Signings and Vetoes

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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

Allen Matkins

California Environmental Law & Policy Update 9.20.24

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Farmers in southern Tulare County will face greater scrutiny for groundwater pumping after the state placed the region on probation following a lengthy hearing in Sacramento on Tuesday....more

Downey Brand LLP

Ninth Circuit Hands Major Victory to Senior Water Right Holders on the Sacramento River

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On May 23, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Natural Resources Defense Council et al. v. Debra Haaland et al. (Case No. 21-15163) (“NRDC v. Haaland”) rejecting the plaintiffs’ challenges...more

Troutman Pepper Locke

How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

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Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the...more

Nossaman LLP

Governor Newsom Signs SB 389 Into Law

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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

Holland & Hart LLP

Groundbreaking Lawsuit Challenges Utah's Management of Great Salt Lake

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A coalition of environmental groups filed a groundbreaking lawsuit against the State of Utah’s Department of Natural Resources, Division of Forestry, Fire and State Lands, and Division of Water Rights (the Agencies), alleging...more

Nossaman LLP

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

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UPDATE: On May 17, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers appealed the district court ruling in Texas v. EPA to the U.S. Court of Appeals for the Fifth Circuit. This appeal would...more

Nossaman LLP

The Impact of Governor Newsom’s Proposed Budget on Water Projects

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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

Nossaman LLP

Metropolitan Water District Announces Required Water Reductions Affecting up to Six Million Californians

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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

Nossaman LLP

How Can Science Help the Voluntary Agreements Succeed?

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Recently, I authored a post for DeltaCurrents, the Center for California Water Resources Policy and Management's blog. The focus of the piece is on the ways in which science can play a role in the success of the so-called...more

Allen Matkins

California Environmental Law & Policy Update - July 2021

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California oil and gas regulators delay health and safety rules - Associated Press – June 22 - It has been a year and a half since Governor Gavin Newsom directed oil regulators to consider new health and safety...more

Beveridge & Diamond PC

Washington State Legislation Would Authorize Two New Large-Scale Water Rights Adjudications

Legislators in Washington State introduced parallel bills that would authorize funding for two water adjudications in Washington State. A water rights adjudication effectively brings all water users in a watershed into one...more

Nossaman LLP

Klamath Dam Removal Now in Question

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Over the past decade, proponents of an effort to remove four dams on the lower Klamath River have hit a series of roadblocks.  The most recent came on July 16, 2020, when the Federal Energy Regulatory Commission (FERC) voted...more

Snell & Wilmer

Utah Division of Water Rights Announces New Tool to Track Status of Change Applications

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On June 22, 2020, the Utah Division of Water Rights (also referred to as the State Engineer’s Office) released a new tool to assist with tracking permanent water right change applications. Change applications propose...more

Nossaman LLP

Paul Weiland Discusses Western Dam Removal at California Water Law Symposium

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Paul Weiland recently participated in the 2020 California Water Law Symposium, held at San Francisco's Golden Gate University School of Law. The theme of this year's Symposium was "Federalism & Water: Shifts in State/Federal...more

Best Best & Krieger LLP

New Environmental and Telecommunications Laws

Telecommunications - AB 1699 Telecommunications: mobile Internet service providers: first response agencies: emergencies - Fire officials experienced a significant data transmission slowdown of their mobile emergency...more

Snell & Wilmer

Utah Lake/Jordan River General Water Rights Adjudication: I am on the List of Unclaimed Water Rights, Now What?

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This article discusses a specific aspect of the Utah Lake/Jordan River General Water Rights Adjudication: options if you miss the deadline for filing a Statement of Water User’s Claim and your water rights end up on the List...more

Best Best & Krieger LLP

Groundwater Extraction Permits Not Subject to CEQA in San Luis Obispo County - Approval is a Ministerial Action, not subject to...

While California’s drought state-of-emergency has been lifted, legal battles aimed at limiting groundwater extractions linger....more

Nossaman LLP

Proponents Of Dam Removal Project Seek To Skirt Protections For Endangered Species

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The Klamath River Renewal Corporation (the “corporation”) recently submitted a plan for the removal of four dams on the lower Klamath River to the Federal Energy Regulation Commission (FERC). ...more

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