The recent wave of climate change legislation in California also included a new and not particularly well-known law aimed at curbing greenhouse gas (“GHG”) emissions associated with water use. SB 1425 will create a voluntary registry to track the water sector’s energy use and GHG emissions. According to Senator Pavley, the author of SB 1425, … Continue Reading
By Wes Miliband and Eric Skanchy on Posted in Water
With Senate Bill 1262 (“SB 1262”), California’s Sustainable Groundwater Management Act (“SGMA”) has become firmly rooted into the State’s water supply planning laws. Specifically, SB 1262 amends the Water Supply Assessment statute (commonly referred to as “SB 610”) and the Written Verification statute (commonly referred to as “SB 221”). Background – SB 610 & SB … Continue Reading
By Wes Miliband and Eric Skanchy on Posted in Water
On August 22, the State Water Resources Control Board (“State Water Board”) held an informational meeting to answer questions and get the public up to speed on California’s new surface water diversion reporting requirements. As we previously reported, all surface water diverters will be required to report their diversions annually instead of every three years, as previously … Continue Reading
By Wes Miliband and Eric Skanchy on Posted in Water
Stanford University released a study this week stating that California has three times more useable groundwater located in deep aquifers than previously estimated. This might come as welcome news to a state that continues to suffer through a historic drought. The researchers found that fresh groundwater was available at depths previously thought to be too … Continue Reading
By Wes Miliband and Eric Skanchy on Posted in Water
California has moved one step closer to implementing the Sustainable Groundwater Management Act (“SGMA”), California’s landmark groundwater legislation. On Wednesday, May 18, the California Water Commission adopted a set of regulations that will govern the creation of groundwater sustainability plans (“GSPs”) by local Groundwater Sustainability Agencies (“GSAs”). The emergency regulations, developed by the Department of … Continue Reading
By Tom Henry, Wes Miliband and Eric Skanchy on Posted in Water
Last summer, the Third District Court of Appeal issued a sweeping ruling in Siskiyou County Farm Bureau v. Department of Fish and Wildlife, which made any substantial diversions of water subject to the streambed alteration agreement provisions of the California Fish and Game Code (“CDFW”). The court ruled that California Fish and Game Code section … Continue Reading
By Wes Miliband and Eric Skanchy on Posted in Water
Despite the wet start of 2016, many parts of California continue to face severe water shortages. The state has grown ever more tapped with groundwater production wells as Californians seek to utilize aquifers to meet their water needs. However, experts have warned that this modern-day “gold rush” for water from underground aquifers may carry serious … Continue Reading
By Wes Miliband and Eric Skanchy on Posted in Water
California’s unique geography and climate have allowed the State to become one of the most productive agricultural regions in the world. Over a third of the country’s vegetables and two-thirds of the country’s fruits and nuts are grown in California. In an average year California’s agricultural industry irrigates 9.6 million acres using roughly 34 million … Continue Reading
On January 15, 2016, the Department of Conservation gave notice of an interim rulemaking package to regulate underground natural gas storage facilities. The proposed rulemaking comes in response to the continuing gas leak at an underground gas storage facility in Aliso Canyon. Governor Brown called for the new regulations in his emergency proclamation, which included … Continue Reading
In a rare bi-partisan effort, Congress passed the Fixing America’s Surface Transportation Act (“FAST Act”), which was signed into law by President Obama on December 4. The law makes changes and reforms to many Federal transportation programs, including streamlining the approval processes for new transportation projects. The President of the American Public Works Association, Brian … Continue Reading
On Thursday, December 10, environmental organizations filed a complaint against Kern County in California Superior Court alleging that the County violated the California Environmental Quality Act (“CEQA”) by preparing a “grossly inadequate” Environmental Impact Report (“EIR”) for its new oil and gas rules. The Sierra Club, Center for Biological Diversity, and the Natural Resources Defense … Continue Reading
On Monday, November 30, California Department of Conservation Division of Oil, Gas and Geothermal Resources (“DOGGR”) Supervisor Steven Bohlen submitted his resignation to Governor Jerry Brown, less than 18 months after taking the position. A statement issued by Governor Brown reveals that Steven Bohlen will return to his position at the Lawrence Livermore National Laboratory … Continue Reading
In a process that took nearly three years to complete, on Monday, November 9, the Kern County Board of Supervisors unanimously approved a significant change to its oil and gas regulations. The change affects Title 19 of the Kern County Zoning Ordinance and provides a streamline permitting process for oil and gas operations. The change … Continue Reading
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
On August 28, Earthjustice filed a petition with the State Water Resources Control Board (“Water Board”) seeking to overturn a Central Valley Regional Water Board (“Regional Board”) order allowing an oil and gas wastewater disposal company to maintain their ongoing waste water operations, which can employ unlined disposal pits in Kern County. Valley Water Management … Continue Reading
Today, July 30, the Center for Biological Diversity (“CBD”) filed a complaint in Sacramento County Superior Court against the Division of Oil, Gas & Geothermal Resources (“DOGGR”). CBD claims, among other things, that DOGGR failed to comply with Senate Bill 4 (“SB 4”) by releasing its Final EIR regarding oil and gas well stimulation treatment … Continue Reading
A lawsuit seeking an immediate halt to oil and gas wastewater injection at 2,500 wells across California took a positive turn for energy producers last week as Superior Court Judge George C. Hernandez denied plaintiffs’ motion for a preliminary injunction in a closely watched case challenging long-standing operations in the California oil and gas industry. … Continue Reading
According to several news organizations, Governor Brown has announced plans to form a new panel to review the recent well stimulation study conducted by the California Council on Science and Technology (“CCST”). The study found that while there is little evidence that hydraulic fracturing is directly linked to widespread negative health and environmental impacts, additional data … Continue Reading
The California Council on Science & Technology (“CCST”) recently released its Independent Study of well stimulation in California. The report was prepared for the California Natural Resources Agency in response to Senate Bill 4 (“SB 4”). The Study notes the following key points: Hydraulic fracturing in California does not use a lot of fresh water … Continue Reading
On July 14, a complaint was filed in Sacramento County Superior Court against Governor Brown and the Division of Oil, Gas & Geothermal Resources (“DOGGR”) Supervisor Steve Bohlen. The lawsuit claims Governor Brown and Supervisor Bohlen have adopted regulations that result in racially disparate impacts from well stimulation on minority students. State regulators recently implemented … Continue Reading
Yesterday, July 7, the State Water Resources Control Board (“Water Board”) adopted new requirements (“Model Criteria”) for groundwater monitoring in areas where oil and gas stimulation activities occur, such as hydraulic fracturing. The Water Board was required to develop these requirements pursuant to Senate Bill 4 (“SB 4”). The requirements cover a wide range of … Continue Reading
Yesterday, July 1, 2015, pursuant to Senate Bill 4 (“SB 4”) the State Oil & Gas Supervisor Steven Bohlen, head of the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (“DOGGR”), certified a Final Environmental Impact Report (“Final EIR”) for oil and gas well stimulation treatments. As presented in the Final EIR, for the … Continue Reading
The State Water Resources Control Board (“Water Board”) has recently released recommendations from the Lawrence Livermore National Laboratory (“LLNL”) on Model Criteria for Groundwater Monitoring. Pursuant to Senate Bill 4 (“SB 4”), the Water Board is required to develop regulations for sampling, testing, and monitoring groundwater during hydraulic fracturing operations. The bill requires groundwater monitoring … Continue Reading
Yesterday, Governor Jerry Brown appointed David Bunn, a former fish and game official and U.C. Davis academic, to lead the California Department of Conservation. The appointment comes after the departure of Director Mark Nechodom, who resigned earlier this month. As director of the Department of Conservation, Bunn will inherit an office that administers a variety … Continue Reading
