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Bill Revives Previous Proposal to Move Water Rights Jurisdiction from the State Board to Hearing Officers, Authority Includes Cannabis

Author: Bradley Herrema Author: Jessica Diaz                     Last fall, Gov. Jerry Brown vetoed AB 313, which would have shifted hearing authority for water right violation matters from the State Water Resources Control Board (“State Water Board”) to administrative law judges (ALJs). In his veto message, Gov. … Continue Reading »

3 Counties, 3 Approaches to Cannabis Crops

This article written by Amy Steinfeld was originally published in the April 20-26, 2018 issue of Pacific Coast Business Times. Legalization of recreational cannabis has shaken up the supply chain. Californians may now grow up to six cannabis plants for personal use without a license. Those lacking a green thumb can purchase recreational cannabis at … Continue Reading »

California Water Rights Compliance Deadlines

This is a reminder that April 1 is the deadline for surface water diverters in California to report their water use to the State Water Resources Control Board.  By now, you should have received instructions from the State Water Board for doing so. As always, please consult our Annual Water Rights Checklist for additional water … Continue Reading »

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 »