On March 10, 2020, the US Environmental Protection Agency (EPA) published its proposed Preliminary Regulatory Determinations for perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) in drinking water, thereby...more
On February 6, 2020, the California State Water Resources Control Board lowered the response levels (RLs) for perflourooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most common compounds in the...more
2/11/2020
/ Chemicals ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Hazardous Substances ,
OEHHA ,
PFAS ,
Public Health ,
Regulatory Standards ,
State Water Boards ,
Toxic Chemicals ,
Water ,
Water Supplies
On February 3, 2020, Senator Scott Wiener (D-San Francisco) introduced Senate Bill 917 (“SB 917”), which would establish a new process for a potential government takeover of Pacific Gas and Electric Company (“PG&E”)....more
2/7/2020
/ Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Eminent Domain ,
Equipment Failure ,
Governor Newsom ,
Legislative Agendas ,
Natural Disasters ,
PG&E ,
Proposed Legislation ,
Public Benefit Corporation ,
Public Utility ,
State and Local Government ,
Takeovers ,
Wildfires
Please join Lori Anne Dolqueist and Willis Hon on February 26, 2020 for the first presentation in our 2020 Water Webinar Series, "Water, Power & Fire: Coordination, Resiliency and Liability in 2020."
This complimentary...more
1/8/2020
/ Continuing Legal Education ,
Disaster Preparedness ,
Electric Generation Suppliers ,
Electricity ,
Public Communications ,
Public Safety ,
Utilities Sector ,
Water ,
Water Management ,
Water Supplies ,
Webinars ,
Wildfires
On November 27, 2019, U.S. Bankruptcy Judge Dennis Montali issued a Memorandum Decision on Inverse Condemnation (“Memorandum Decision”) in PG&E Corporation and Pacific Gas & Electric’s (together, “PG&E”) Chapter 11 Bankruptcy...more
12/4/2019
/ Bankruptcy Court ,
Chapter 11 ,
CPUC ,
Electricity ,
Fifth Amendment ,
Infrastructure ,
Inverse Condemnation ,
Natural Disasters ,
PG&E ,
Property Owners ,
Takings Clause ,
Wildfires
Please join Nossaman Environment & Land Use Partner Linda Larson of the Firm’s Seattle office and Nossaman Water Practice Group Associate Willis Hon for "Handling the Heat: The Evolving Nature of Washington's Wildfires," a...more
On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more
8/20/2019
/ CA Supreme Court ,
Inverse Condemnation ,
Municipalities ,
Precedential Opinion ,
Private Property ,
Property Damage ,
Property Owners ,
Public Agencies ,
Public Improvement Projects ,
Public Utility ,
Sewer Systems ,
State and Local Government ,
Strict Liability
On July 12, 2019, Governor Newsom signed Assembly Bill (“AB”) 1054, which introduces major changes to the way California addresses wildfires in an emergency effort to financially stabilize the State’s electric utilities...more
7/15/2019
/ Certifications ,
CPUC ,
Emergency Management Plans ,
Emergency Response ,
Funding ,
Natural Disasters ,
New Legislation ,
PG&E ,
Risk Mitigation ,
Safety Standards ,
State and Local Government ,
Wildfires
On May 30, 2019, the California Public Utilities Commission (“Commission”) adopted new interim guidelines for electric investor-owned utilities (“IOUs”) with respect to the controversial practice of de-energization of power...more
On June 5, 2019, the California Supreme Court (“Court”) heard oral argument in the case City of Oroville v. Superior Court of Butte County, Case No. S243247 (“Oroville Case”). This case is notable because it is the first time...more
6/10/2019
/ Appeals ,
CA Supreme Court ,
Inverse Condemnation ,
Liability ,
Municipalities ,
Oral Argument ,
Private Property ,
Property Damage ,
Property Owners ,
Public Improvement Projects ,
Real Estate Market ,
Sewer Systems ,
Wildfires
The Commission on Catastrophic Wildfire Cost and Recovery (“Commission”) has released a draft report assessing the issues surrounding catastrophic wildfires in California and recommending major changes to the law (“Draft...more
6/3/2019
/ Cost Recovery ,
CPUC ,
Fire Insurance ,
Inverse Condemnation ,
Negligence ,
Property Owners ,
Risk Mitigation ,
State and Local Government ,
Strict Liability ,
Victim Compensation Fund ,
Wildfires
In Governor Gavin Newsom’s first State of the State address, he called for the creation of a strike force charged with developing a comprehensive strategy to address the destabilizing effect of catastrophic wildfires on the...more
4/19/2019
/ Comment Period ,
Cost Recovery ,
CPUC ,
Inverse Condemnation ,
Liquidity ,
Property Owners ,
Public Utility ,
Regulatory Takings ,
State and Local Government ,
State Funding ,
Wildfires
Join Nossaman LLP on February 28, 2019 for the first presentation in Nossaman’s 2019 Water Webinar Series, "Preparedness, Relief, and Recovery: Regulatory Developments in Disaster Management for Water Providers."
This...more
On January 3, 2019, the California State Water Resources Control Board (“State Water Board”) released a draft version of its long-awaited report to the California State Legislature on the feasibility of a statewide program to...more
In Asarco LLC v. Atlantic Richfield Company, No. 14-35723 (9th Cir. Aug. 10, 2017), the United States Court of Appeals for the Ninth Circuit issued a published opinion interpreting the statute of limitations for contribution...more