In Protecting Our Water and Environmental Resources v. County of Stanislaus (Case No. S251709) (“POWER”), the California Supreme Court recently found that the long-standing practice of treating all well construction permits as “ministerial” and therefore, not requiring review under the California Environmental Quality Act (“CEQA”), violated CEQA. As the Court explained, ministerial projects are those … Continue Reading »
New studies reveal the ubiquitous nature of microplastics while the California State Water Resources Control Board adopts a first-of-its-kind definition. Stemming from the requirements outlined in California Senate Bill 1422, on June 16, 2020, the California State Water Resources Control Board (“Board”) adopted this groundbreaking definition of microplastics in drinking water: ‘Microplastics in Drinking Water’ … Continue Reading »
Tribal governments may be looking for ways to enact new public health policies and assert their sovereignty in light of this summer’s two pivotal events: the distress of the COVID-19 pandemic, with its disproportionate impact on Native American communities, and protests demanding social justice, with related calls to honor Native American sovereignty. Click here to read the … Continue Reading »
Welcome to CEQA News You Can Use, a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your real-time business decisions. That said, it is not and cannot be construed to be legal advice. Enjoy! Legislative update on … Continue Reading »
On June 19, 2020, Judge William Martinez of the U.S. District Court for the District of Colorado entered an administrative stay of the recently issued Clean Water Act (“CWA”) rule that reduces the ambit of waters within the jurisdictional reach of the federal government. The impact of the stay is that it preserves the status quo in Colorado for … Continue Reading »
On June 1, 2020, the Environmental Protection Agency (“EPA”) finalized a new rule implementing the Clean Water Act’s (“CWA”) Section 401. Under Section 401, no federal permit or license can be issued that may result in a discharge to waters of the United States unless the authorized tribe or state certifies that the discharge is … Continue Reading »
Here’s a case to watch for any business engaged in activities that have the potential to spark a wildfire—the California Supreme Court is now considering whether corporations can be held liable to pay the costs of investigating and fighting certain human-caused fires. Law360 (May 20, 2020) Temperatures are rising, and wildfire season has already begun … Continue Reading »
The U.S. Supreme Court issued on April 23, 2020 a significant and controversial Clean Water Act (“CWA”) decision in County of Maui v. Hawaii Wildlife Fund et al. As summarized previously, the issue presented was whether the County of Maui (“County”) requires a CWA discharge permit to dispose of wastewater through groundwater discharge wells where … Continue Reading »
WHO The new regulation applies to California’s largest urban retail water suppliers — those with more than 3,000 connections or supplying more than 3,000 acre-feet of water annually. In total, these systems service 90% of California’s population. WHAT On April 21, 2020, the State Water Resources Control Board (SWRCB) adopted a regulation that requires California’s … Continue Reading »
Welcome to CEQA News You Can Use, a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your real-time business decisions. That said, it is not and cannot be construed to be legal advice. Enjoy! “CEQA … Continue Reading »
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