Not to be outdone by its federal counter-parts, the California Air Resources Board (“ARB”) released Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (“proposed rule”) for methane emissions on Tuesday, May 31, following a slew of recent federal regulations targeting reduction of methane emissions. Cal. Code Regs. tit. 14, §§ 95665-95676 (proposed). … Continue Reading
On June 4, 2016, the City of Los Angeles rolls out its much-discussed Clean Up Green Up (CUGU) pilot program for three communities: Boyle Heights, Wilmington and Pacoima. Ordinance 184246, approved by Mayor Garcetti on April 22, 2016, adds new rules to the City’s Planning and Zoning Code and Building Code. CUGU is controversial. Communities … Continue Reading
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
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
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 8, the California Department of Conservation (“DOC”) released a Renewal Plan for Oil and Gas Regulation (“Renewal Plan”) to revamp its regulatory program. The goal of the Renewal Plan is to continue the DOC’s focus on environmental protection and public health, and it will shape the DOC’s regulatory decisions for the next two … 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
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
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
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
New Third Edition Reflects July 1 Permanent Regulations of Hydraulic Fracturing We have prepared an update to the firm’s SB 4 Compliance Handbook to aid operators in their efforts to comply with SB 4 and its new permitting scheme. Senate Bill 4 (“SB 4”) regulates well stimulation treatments in California, including hydraulic fracturing and acid … 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
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
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
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
June 5, 2015 marked the deadline for lawmakers to pass bills out of their house to the opposite house. Bills that did not pass in their house of origin by that date have effectively died (unless such a bill has been identified as a 2-year bill). Stoel Rives’ Water Law Team has been monitoring water-related … Continue Reading
