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

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

New California Legislation on Water Issues

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

EPA Designates Two PFAS as Hazardous Substances Under CERCLA | Part I: Impacts on Potentially Responsible Parties

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most common and well-known per- and...more

California Focuses on Water Supply Resiliency in Updated Water Plan

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

Ninth Circuit Issues Decision Upholding its Interpretation of “Discharged” for Clean Water Act NPDES Violations

On November 20, 2023, a panel of the Ninth Circuit Court of Appeals issued its opinion in Idaho Conservation League v. Poe, No. 22-35978. Therein, the Court upheld its previous interpretation of “discharged” in the context of...more

Ninth Circuit Issues Clean Water Act Opinion Addressing Indirect vs. Direct Discharge and Notice Requirements

On November 21, 2023, the Ninth Circuit Court of Appeals issued its decision in Cottonwood Environmental Law Center vs. Edwards addressing various Clean Water Act issues. Its two key holdings were that (1) the district court...more

UPDATE: House and Senate Pass Nearly $38 Billion in Funding for Water Projects as Part of National Defense Authorization Act

On December 6, 2022, the U.S. House of Representatives passed the National Defense Authorization Act (NDAA) by a bipartisan vote of 350-80. The NDAA includes the Water Resources Development Act (WRDA) of 2022, which includes...more

Court Decision Limits State Water Resources Control Board’s Authority Over Pre-1914 Appropriative Rights

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

California’s Water Supply Strategy: Adapting to Climate Change, One State at a Time

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

Newsom Issues Executive Order N-7-22 Outlining California’s New Drought Strategies

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

Past, Present and Future: California Provides Insight on the Severity of the Drought and 2022 Guidance

The past few weeks have been active ones for California in assessing the severity of its current drought and how it plans to manage its water during the third year of that drought. On top of other, more localized action,...more

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