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EPA Seeks Comments After Controversial Ninth Circuit Decision

In response to the Ninth Circuit’s recent opinion in Hawai’i Wildlife Fund v. County of Maui, the U.S. Environmental Protection Agency (“EPA”) is now seeking public comments on the proper scope of its authority under the Clean Water Act (“CWA”). In brief, the Ninth Circuit held that discharges of pollutants from a point source to … Continue Reading »

Where There’s Smoke There’s Water: THE CONUNDRUM OF CANNABIS FARMING IN CALIFORNIA WITH FEDERAL PROJECT WATER

The conflict between federal law and the recent actions of several states, including California, in the legalization of cannabis use and cultivation is well known. This conflict extends to the use of water for cannabis cultivation in situations where the water supply originates from a federal project. In 1970, Congress enacted the Controlled Substances Act … Continue Reading »

Ninth Circuit Holds Wastewater Discharge to Groundwater Requires Clean Water Act Permit in Hawai’i Wildlife Fund v. County of Maui

On Feb. 1, 2018, the U.S. Court of Appeals for the Ninth Circuit issued a highly anticipated decision in Hawai’i Wildlife Fund v. County of Maui, No. 15-17447 (9th Cir. Feb. 1, 2018). At issue was whether the County of Maui (“County”) required a Clean Water Act (“CWA”) permit to dispose of wastewater through groundwater … Continue Reading »

CEQA News You Can Use – Vol. 2, Issue 3 – February 2018

Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a resource for your real-time business decisions. That said, it is not and cannot be construed to be legal advice. Enjoy! … Continue Reading »

What’s All the Ruckus About ADUs?

Author: Amy Steinfeld Author: Wendy Nwosu This article was originally published in the November 2017 issue of Santa Barbara Lawyer, a publication of the Santa Barbara County Bar Association. Many Californians are wondering whether their neighbor’s new tiny home will house grandma or become a new rental. Advocates of accessory dwelling units (“ADU”) claim they’ll provide … Continue Reading »

Will Your Basin Adjudicate, and if so, How Will That Relate to Basin Management under SGMA?

This article was originally published as an advertorial in the November/December 2017 print issue of Western Grower & Shipper, a publication of Western Growers. Groundwater Sustainability Agencies (GSAs) throughout California’s medium- and high-priority basins are now beginning to develop Groundwater Sustainability Plans (GSPs) pursuant to the Sustainable Groundwater Management Act (SGMA). Sustainable groundwater management is … Continue Reading »

Two Questions Every Industrial Storm Water Permittee Should Answer Before January 1, 2018

Author: Ryan Waterman Author: Dylan Johnson This article was originally distributed as a Brownstein Hyatt Farber Schreck Client Alert. If your facility is permitted under California’s Industrial General Storm Water Permit (IGP), then you probably feel like you earned an advanced degree in storm water management with the time and effort it takes to understand … Continue Reading »