Category: Agribusiness

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California Water Webinar Series on the Sustainable Groundwater Management Act (SGMA)

Earlier this week, environmental consultant Susanne Heim of Panorama Environmental and Stoel Rives water lawyer Wes Miliband hosted the second part of the California Water Webinar series about the Sustainable Groundwater Management Act (SGMA). In this webinar, Susanne and Wes covered implications of the recently adopted emergency regulations to amend groundwater basin boundaries, as well … Continue Reading

California Fish & Game Commission Adopts “Very, Very Low” Standard for Candidacy under California ESA

El Niño has recently brought lots of rain to California, but it’s not quite time to start loading the animals two-by-two. However, the California Fish and Game Commission (Commission) did its part yesterday to save a potentially imperiled species by designating the Humboldt marten as a candidate species under the California Endangered Species Act (California … Continue Reading

California Surface Water Diverters Now Required To Report Annually To The State

Taking effect earlier this month, Senate Bill 88 was approved overwhelmingly last legislative session and signed by the Governor as another effort to combat drought and water supply shortage conditions in the State of California. Senate Bill 88 – among other things – authorized the State Water Resources Control Board (“State Water Board”) to adopt … Continue Reading

California Water Commission Adopts Regulations For Changing Groundwater Basin Boundaries

On October 21, 2015, the California Water Commission (“CWC”) adopted emergency regulations formulated by the Department of Water Resources (“DWR”) that establish a process by which local agencies may seek groundwater basin boundary modifications.  The proposed regulations are the first of their kind authorizing DWR to formally consider requests by local agencies to modify groundwater … Continue Reading

California Groundwater Update: Public Comments Due For Basin Boundary Regulations

As one of many implementation steps under the Sustainable Groundwater Management Act (“SGMA” codified as Water Code §§ 10720 et seq.), basin boundary regulations were released recently by the California Department of Water Resources (“DWR”), with a public comment deadline set for Friday, September 4. DWR is holding public meetings this week to solicit public … Continue Reading

Legislation Revamping California Groundwater Adjudications Marches Forward

AB 1390 aims in unprecedented fashion to expedite procedures and processes for groundwater adjudications, which, in California, are known to take one or two decades before reaching a final judgment. The bill would add various provisions to the California Code of Civil Procedure that would be codified as Sections 830 through 849. AB 1390 was … Continue Reading

California DWR’s New Groundwater Basin Regulations for SGMA

With the Sustainable Groundwater Management Act (“SGMA”) taking effect on January 1, 2015, the California Department of Water Resources (“DWR”) is in full swing of holding public workshops and information sessions to solicit input from stakeholders and other members of the public as well as to answer questions regarding SGMA’s various milestone requirements. On July … Continue Reading

To Curtail Or Not To Curtail…That Is the Question

On June 12, the State Water Board issued a notice of “unavailability of water” and the “need for immediate curtailment” from various water users holding pre-1914 water rights.  Less than two weeks later on June 23, lawyers for the State Water Board reportedly stated in court this curtailment notice is advisory only, which would seem to … Continue Reading

Fish & Game Code Section 1602 Is Unambiguous, Now Requiring More Water Users To Provide “1602 Notification” To “Substantially Divert” Water

On June 4, 2015, the Court of Appeal ruled that California Fish and Game Code section 1602 (“Section 1602”) unambiguously requires notification to the Department of Fish and Wildlife (“Department”) if an entity or individual plans to “substantially divert” water, even when the legal right to use the water was previously established. (Siskiyou County Farm … Continue Reading

New Clean Water Rule Unlikely To Significantly Change Regulatory Status Quo…At Least For Now

The wait for the new rule is now over!  The EPA and Corps of Engineers have jointly issued the rule defining which waters are protected by the federal Clean Water Act, with the new rule largely reflecting historical interpretations arising from SCOTUS decisions. Please click on this link for more in-depth information and analysis prepared by Michael Campbell from … Continue Reading

New Wave of Prop 65 Notices Target Rice Industry

This week, Consumer Advocacy Group (CAG), a non-profit organization that files numerous Proposition 65 (Prop 65) lawsuits each year, issued notices of violation alleging that 15 companies violated California law by selling rice containing arsenic (and in some instances, lead) without a Prop 65 warning.  The notices targeted a wide a range of companies, from … Continue Reading

Ninth Circuit Holds California’s Low Carbon Fuel Standard is Constitutional on its Face

This week, the Ninth Circuit Court of Appeals issued its decision in Rocky Mountain Farmers Union v. Corey, ruling on the constitutionality of California’s Low Carbon Fuel Standard (LCFS).  The Court of Appeals reversed the District Court’s holdings in large part, in particular finding that the LCFS does not on its face violate the dormant … Continue Reading

Prop 65 Targets Cooked Food, Coffee and Vitamin Supplements

The Industry Acrylamide Coalition (Coalition) filed suit against the State of California Office of Environmental Health  Hazard Assessment (OEHHA), the agency that manages and revised the Prop 65 list to include 4-metheylimidazole (4-MEI), as a carcinogen.  4-MEI is often found in cooked foods. The Coalition argues that the third party report on which the listing … Continue Reading
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