On November 6, 2018, the State Water Resources Control Board adopted an amendment to the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Industrial Activities (General Permit). The General Permit Amendment addresses the implementation of previously-adopted Total Maximum Daily Loads (TMDLs), the new federal Sufficiently Sensitive Methods Rule, and statewide … Continue Reading
On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated under the Clean Water Act (“CWA,” or the “Act”). In these decisions, the Sixth Circuit expressly disagrees with recent holdings from … Continue Reading
Environmental groups have obtained a favorable Clean Water Act (“CWA”) ruling from the U.S. District Court for the Central District of California, which can be viewed as an expansion of jurisdiction for stormwater permitting for industrial sources. In the Order, issued on August 9, 2018, Judge Stephen V. Wilson held that if the U.S. Environmental … Continue Reading
Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the indirect discharge is sufficiently connected to navigable waters to be covered under the CWA. … Continue Reading
On October 10, 2017, the California State Water Resources Control Board (“Water Board”) issued the second version of an order to modify agricultural waste discharge requirements (“Proposed Order”), under the Irrigated Lands Regulatory Program (“ILRP”). Through the ILRP, the Water Board regulates discharges from irrigated agricultural lands across the state, especially within California’s Central Valley. … 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
On May 5, 2017, the Sacramento Superior Court issued a decision that the state’s water regulation, when it comes to the hexavalent chromium, also known as Chromium 6 (or Chrom-6) water standard, is not economically feasible and must be withdrawn. A copy of the Court’s Order can be read here. In 2014, the California Department … Continue Reading
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
Co-authored by Wes Miliband and guest-blogger Hayley K. Siltanen The Ninth Circuit recently ruled that federal reserved water rights held by Indian tribes extend to groundwater underlying reservation lands. Determining the quantity of that groundwater, however, is reserved for another day. In Aqua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, the Ninth … Continue Reading
December 31, 2016 marked a deadline for oilfield operators to comply with the Division of Oil, Gas and Geothermal Resources’ (“DOGGR”) Aquifer Exemption and Compliance Schedule Regulations. Operators were required to either cease injection of oilfield wastewater or obtain an aquifer exemption to continue injecting such wastewater. This deadline was applicable to 11 aquifers that … Continue Reading
By Wes Miliband and Shannon Morrissey on Posted in ESA,Water
In a narrow win for plaintiff Wild Fish Conservancy (“Plaintiff”), the U.S. District Court for the Eastern District of Washington held that the biological opinion (“BiOp”) for the Leavenworth National Fish Hatchery (“Hatchery”) was arbitrary and capricious because the National Marine Fisheries Service (“NMFS”) failed to adequately consider the effects of climate change. This case … Continue Reading
By Wes Miliband and Juliet H. Cho on Posted in Water
On October 18, 2016, the Department of Water Resources (DWR) released its final modifications to California’s groundwater basin boundaries in response to the emergency regulations adopted by DWR last October. The basin boundary changes were implemented under the Sustainable Groundwater Management Act (SGMA) to provide flexibility to local public agencies to bring their groundwater basins … 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
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
This is the second update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. We welcome your comments and feedback. South Coast Air Quality Management District: *Continued Report on New Management: Wayne Nastri, once an SCAQMD Governing Board Member, former USEPA Region IX Regional … 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
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
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
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
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 Shannon Morrissey and Wes Miliband on Posted in Water
On Wednesday, February 10, Senators Dianne Feinstein and Barbara Boxer (Dem.-California) introduced a draft bill with the explicit purpose to “provide short-term water supplies to drought-stricken California and provide for long-term investments in drought resiliency throughout the Western United States.” Entitled, “California Long-Term Provisions for Water Supply and Short-Term Provisions for Emergency Drought Relief Act” … 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
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
