Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more
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
In January 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (Agencies) adopted a final rule altering the definition of "waters of the United States" (WOTUS), a key term that is referred to...more
On September 27, 2023, the U.S. Environmental Protection Agency (EPA) published its final rule to implement Clean Water Act (CWA) section 401 water quality certifications (2023 Rule). The 2023 Rule became effective on...more
On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively, the Agencies) released their amendment to January 2023 rule (January 2023 Rule) defining what...more
8/31/2023
/ Amended Rules ,
Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett v EPA ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In a 5-4 decision issued on May 25, 2023, the U.S. Supreme Court narrowed the applicability of federal Clean Water Act regulatory authority over wetlands that have a relatively permanent connection to other federal waters....more
6/15/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with over 3,750 miles exposed to temporary flooding....more
1/11/2023
/ California ,
California Coastal Commission ,
Climate Change ,
Coastal Real Estate ,
Environmental Justice ,
Flooding ,
Highways ,
Inflation Reduction Act (IRA) ,
Infrastructure Financing ,
Land-Use Permits ,
Railroads ,
Rising Sea Levels ,
Transportation Industry ,
Utilities Sector ,
Water Projects
According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with over 3,750 miles exposed to temporary flooding....more
According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with over 3,750 miles exposed to temporary flooding....more
11/17/2022
/ California ,
Continuing Legal Education ,
Environmental Justice ,
Erosion ,
Flooding ,
Highways ,
Inflation Reduction Act (IRA) ,
Infrastructure Financing ,
Transportation Industry ,
Utilities Sector ,
Water ,
Webinars
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
On July 1, 2022 a panel of the Ninth Circuit issued a superseding opinion in California River Watch v. City of Vacaville, Appeal No. 20-16605, withdrawing its previous opinion in the same case and reaching the opposite...more
Notwithstanding its protected status as a listed species under the federal Endangered Species Act, the Southern California steelhead population is proposed for listing under the California Endangered Species Act. During a...more
12/20/2021
/ California Endangered Species Act ,
Endangered Species ,
Endangered Species Act (ESA) ,
Fishing Industry ,
Flood Control ,
Public Health ,
Public Safety ,
Storm Water ,
Water ,
Water Management ,
Water Supplies
On November 18, 2021, The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters...more
12/2/2021
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On August 30, 2021, the U.S. District Court for the District of Arizona vacated the April 2020 Navigable Waters Protection Rule in which the Trump Administration revised the definition of Waters of the United States (WOTUS)....more
At the end of July, the Environmental Protection Agency (EPA) announced that the Biden administration will begin working to create a “durable definition” of Waters of the United States (WOTUS). EPA and U.S. Army Corps of...more
8/6/2021
/ Biden Administration ,
Comment Period ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States
In this episode of Digging Into Land Use Law, Nossaman Environment & Land Use partner Mary Lynn Coffee and associate Stephanie Clark explore the eternal question – at least under federal and California law – what’s in a...more
On December 17, 2020, the Sacramento County Superior Court issued a ruling limiting the ability of the California State Water Resources Control Board (“State Board”) to implement its adopted statewide wetlands and Waters of...more
In the ever-shifting landscape of the Clean Water Act and Porter-Cologne jurisdiction, it can be difficult to determine whether you are engaging in activities that result in discharges of dredge, fill or pollutants to a Water...more
6/30/2020
/ Best Practices ,
Clean Water Act ,
Continuing Legal Education ,
Discharge of Pollutants ,
Dredge and Fill ,
Jurisdiction ,
Navigable Waters ,
Navigable Waters Protection Rule ,
New Guidance ,
New Regulations ,
Section 401 ,
State and Local Government ,
Waters of the United States ,
Webinars ,
Wetlands
Last week, the U.S. Supreme Court issued a long-awaited decision in County of Maui v. Hawaii Wildlife Fund et al., 590 U.S. __ (2020), in which it determined that the Clean Water Act (CWA) requirements for a National...more
4/30/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
In the ongoing saga of the Clean Water Act’s so-called “Waters of the United States” or WOTUS rule, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced changes to the definition of...more
4/28/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. ...more
This complimentary 60-minute webinar is focused on the State Water Resources Control Board's recently adopted State Wetlands Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, with a...more
5/17/2019
/ CEQA ,
Clean Water Act ,
Continuing Legal Education ,
Dredge and Fill ,
NEPA ,
Permits ,
Regulatory Standards ,
State and Local Government ,
Water ,
Water Resources Control Board ,
Waters of the United States ,
Webinars ,
Wetlands
With recent changes in state and federal leadership, as well as continuing developments from the Trump Administration, this seminar is a must-attend event for anyone involved in land use, zoning, environmental permitting,...more
4/18/2019
/ CEQA ,
Continuing Legal Education ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Site Assessment ,
Events ,
Land Use Restrictions ,
Public Projects ,
Real Estate Development ,
Rising Sea Levels ,
Sea Levels ,
Waters of the United States ,
Zoning Laws
On December 11, 2018, in a move that follows on the heels of the litigation over the highly controversial 2015 move to redefine “waters of the United States” under the federal Clean Water Act, the U.S. EPA and the Army Corps...more
12/21/2018
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In a prior e-alert, we described the effort of the California State Water Resources Control Board (State Board) to develop a new regulatory program for discharge of dredged or fill materials to waters of the state. The...more