This post was written by Melissa Jones and Tiffanie de la Riva for Stoel Rives’ Alcoholic Beverages Law blog. The California Court of Appeal recently handed a victory to winemakers, ruling that a specific Proposition 65 (“Prop. 65”) warning is not required regarding the presence of inorganic arsenic. The lawsuit, Charles et al. v. Sutter Home Winery … Continue Reading
On February 22, 2018, California Attorney General Xavier Becerra announced that the Department of Justice is opening an environmental justice office within the Environment Section: the Bureau of Environmental Justice (“Bureau”). “The Bureau’s mission will be to protect people and communities that endure a disproportionate share of environmental pollution and public health hazards.” Using existing … Continue Reading
California’s newer groundwater regulatory structure, the Sustainable Groundwater Management Act of 2014 (“SGMA”), was signed by Governor Edmund G. Brown Jr. on September 16, 2014. The State Water Resources Control Board (“SWRCB”) is the enforcement agency for SGMA. SGMA requires the SWRCB to establish a schedule of fees sufficient to recover the costs incurred by … Continue Reading
By Wes Miliband and Parissa Florez on Posted in Water
On April 7th, Governor Jerry Brown issued an executive order that lifts the drought emergency in fifty-four of the fifty-eight California counties. After six years of a prolonged drought in California, Executive Order B-40-17 lifts the drought emergency in all California counties except Fresno, Kings, Tulare and Tuolumne. While the drought is declared over for … Continue Reading
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
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
Just compensation in condemnation has long been held to require payment that is fair to both the property owner having its property seized and the public taking it. Two of the rules that have developed in this pursuit of fairness came face to face in a recent case, City of Perris v. Stamper, No. S213468, … Continue Reading
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
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
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’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
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
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
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
The clamor over hydraulic fracturing continued Wednesday as environmental activists filed another lawsuit to limit oil and gas development in California. The lawsuit, filed by Earthjustice on behalf of the Center for Biological Diversity and Los Padres ForestWatch, challenges a plan to open portions of federal land in California to oil and gas operations. The … 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
On Thursday, May 7, 2015, two environmental groups filed a lawsuit seeking an immediate halt to oil and gas wastewater injection at 2,500 wells across California. The suit, filed by the Sierra Club and the Center for Biological Diversity, claims that the state Division of Oil, Gas and Geothermal Resources (“DOGGR”) should be prohibited from … Continue Reading
On May 5, 2015, the State Water Resources Control Board (“Water Board”) adopted Emergency Regulations implementing a statewide 25% reduction of potable urban water use, which includes commercial, industrial, and institutional water use, in addition to residential water use. These regulations are in response to Governor Brown’s April 1, 2015 Executive Order mandating a statewide … Continue Reading
California Assemblymember Das Williams (D-Carpinteria) has introduced an oil and gas bill to ensure that the state comes into compliance with the Class II underground injection (“UIC”) requirements under the federal Safe Drinking Water Act (“SDWA”). According to the U.S. Environmental Protection Agency (“USEPA”), California is currently out of compliance with certain requirements for some Class II … Continue Reading
The California Office of Environmental Health and Hazard Assessment (“OEHHA”) recently released its long anticipated Notice of Proposed Rulemaking proposing changes to the warning requirements under Proposition 65’s (“Prop 65”) implementing regulations. In summary, the proposed regulations would establish a new mandatory regulation regarding the responsibility of product manufacturers and others in the distribution chain … Continue Reading
The U.S. Government Accountability Office (“GAO”) released a report yesterday, July 28, 2014, that presents a need for the U.S. Environmental Protection Agency (“USEPA”) to update the Underground Injection Control class II program (“UIC Program”). Under the UIC Program, the USEPA oversees and regulates groundwater affected by wells associated with oil and gas production. Specifically, … Continue Reading
SB 1270, sponsored by State Senator Fran Pavley (D-Agoura Hills), survived the Senate Committee on Natural Resources and Water on April 29, 2014 by a 7-2 vote. Some additional amendments were made yesterday, May 7, 2014. Last year the Legislature passed SB 447, which, as discussed in our October 1, 2013 post, modified the Office … Continue Reading
The City Council of Carson, California has unanimously (by 5-0 vote) approved a moratorium on all new oil and gas drilling within its city limits. The moratorium is set to last 45 days for now, and the City Council will consider a one-year ban on any new drilling after those 45 days are up. The reasoning … Continue Reading
