Fluctuating water supply and reliability throughout the U.S. has the potential to have major implications for rural communities, farmers, agricultural operators, ranchers, forest owners, and other stakeholders. Adapting to this future will require changes to current operations. The United States Department of Agriculture (USDA) is currently seeking public comment to inform its strategy on climate-smart … Continue Reading »
SWRCB: Notifies Water Users to Plan for Cutbacks and Conserve Water; Cuts Possible for Junior Appropriators On Monday, March 22, the State Water Resources Control Board (SWRCB) Division of Water Rights mailed letters to rights holders regarding the dry conditions in the state, advising water users to prepare for shortages. The Division of Water Rights … Continue Reading »
California State Water Resources Control Board Response to Climate Change in Permitting Process Deadline to Provide Comments: March 31, 2021 Climate change is rapidly altering California’s hydrology. The wet season is expected to become shorter and wetter, while the dry season longer and drier. As temperatures rise, California will see more precipitation fall as rain … Continue Reading »
The proper definition of “waters of the United States” is fiercely debated, and debatable. The Trump administration’s foray into the definition—the Navigable Waters Protection Rule (“NWPR”)—was issued in mid-2020 and effective in all places except Colorado, due to an administrative stay issued by Judge William Martinez on June 19, 2020. That changed, however, on March … Continue Reading »
As our population grows, California is grappling with the challenge of preserving our working lands while providing adequate housing. Development has crept into traditional agricultural land especially in jurisdictions hostile to infill development. Recognizing the vital importance of agriculture, the state, counties and cities have adopted protections, such as the Williamson Act, the Right to … Continue Reading »
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 »
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