tag:blogger.com,1999:blog-46354837011698934092012-03-16T21:06:01.383-07:00The latest news and information from the natural resources practice group at Kronick Moskovitz Tiedemann & Girard.KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.comBlogger711100tag:blogger.com,1999:blog-4635483701169893409.post-33007827770770849212012-03-16T21:05:00.003-07:002012-03-16T21:06:01.393-07:00

The State Senate’s Committee on Natural Resources and Water held an informational hearing regarding the Delta Plan and Bay-Delta Conservation Plan on March 13, 2012. A video of the hearing, along with related written materials, is available here. The Delta Plan is a mandate of SBX7-1 of California's landmark 2009 water legislation, which requires that the Delta Stewardship Council develop, adopt

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-79223417951071355052012-02-28T15:29:00.002-08:002012-02-28T15:29:26.438-08:00

Late last week, the Bureau of Land Management ("BLM") filed an answer in an action challenging its sale of oil and gas leases in California. A copy of the answer may be found here. BLM's answer was filed in a lawsuit on which we first reported in December. Filed by the Center for Biological Diversity ("CBD") and the Sierra Club, the lawsuit seeks to overturn BLM's sale of oil and gas leases in

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-63351314351683606112012-02-23T09:43:00.000-08:002012-02-23T09:52:06.517-08:00

In a letter published today in the Chico Enterprise-Record (and elsewhere), Tim Kustic, Director of California's Division of Oil, Gas & Geothermal Resources (DOG), stated that concerns about hydraulic fracturing, or fracking, exaggerate the potential risks to California's water supply, adding that "fracking has been used to stimulate [oil and gas] production in California for years without a

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-53098875972330556632012-02-22T14:45:00.002-08:002012-02-22T14:45:47.836-08:00

Two important announcements affecting millions of California water users were made today. The California Department of Water Resources (DWR), which had previously announced an initial allocation of 60 percent in November 2011, today reduced that allocation to 50 percent. And the Bureau of Reclamation (Reclamation) announced today an initial allocation of 30 percent to North- and South-of-Delta

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-48491303483102779912012-02-10T11:49:00.000-08:002012-02-10T11:49:45.596-08:00

The Secretary of the Interior, Ken Salazar, recently announced $50 million in funding for water infrastructure projects in the West, including over $11 million in funding for the Central Valley Project (CVP). The 2012 Spending Plan for the Bureau of Reclamation, which manages and operates the CVP, allocates over $11 million in funding to the CVP for fish screens and fish passage facilities ($4.3

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-53030057277562526662012-02-06T21:45:00.000-08:002012-02-10T11:46:48.280-08:00

According to newspaper reports (here and here), a Mendocino County Superior Court Judge has granted a grape grower’s request to stay the Russian River Frost Control Regulation until the legality of the Regulation is determined. KMTG staff contacted the Court Clerk’s office to obtain a copy of the Court's order and was advised that Judge Ann Moorman has taken the stay request under submission and

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-41129944128462892122012-02-01T15:55:00.000-08:002012-02-01T21:30:27.574-08:00

Snow surveys conducted today by the Department of Water Resources (DWR) confirmed that the water content of California's snowpack is far below normal for this time of year. The water content is at just 37% of normal for February and is only 23% of the average April levels, which is usually when snowpack is at its peak. Snowpack levels are reported on DWR's Data Exchange Center. DWR Director Mark

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-47852134587386869892012-01-25T16:54:00.000-08:002012-01-25T16:54:50.231-08:00

We recently announced that Kronick Moskovitz Tiedemann & Girard will present a webinar on hydraulic fracturing in California on February 3, 2012. Updated details regarding the webinar, including registration instructions, are provided below. Hydraulic Fracturing & Permitting – What You Need to Know About "Fracking" and What's At Stake in California Friday, February 3, 2012, 12 p.m.

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-74959095621143842292012-01-19T14:30:00.000-08:002012-01-19T14:30:33.053-08:00

We recently reported that the National Marine Fisheries Service (NMFS), the California Department of Water Resources (DWR), and public water agencies filed a stipulation with the United States Eastern District Court that proposed modified Central Valley Project (CVP) and State Water Project (SWP) operations for the period of April 1 to May 31, 2012. Today, the parties received notice that the

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-49144756698752351222012-01-17T19:03:00.000-08:002012-01-17T19:04:30.028-08:00

On December 30, 2011, the Central Valley Flood Protection Board (Board) received the Public Draft 2012 Central Valley Flood Protection Plan (CVFPP) and the December 2011 Flood Control System Status Report (FCSSR) from the California Department of Water Resources (DWR). Links to the draft plan and associated documents may be found here. DWR will present and highlight key elements of the CVFPP to

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com2tag:blogger.com,1999:blog-4635483701169893409.post-36972482430078134752012-01-17T18:37:00.000-08:002012-01-19T14:27:00.247-08:00

On January 12, 2012, the National Marine Fisheries Service (NMFS), the California Department of Water Resources (DWR), and public water agencies filed a stipulation with the United States Eastern District Court that proposes modified Central Valley Project (CVP) and State Water Project (SWP) operations for the period of April 1 to May 31, 2012. The stipulation describes the state and federal

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-49698936669576074272012-01-12T16:45:00.000-08:002012-01-25T16:39:58.848-08:00

Hydraulic Fracturing & Permitting – What You Need to Know About "Fracking" and What's At Stake in California Friday, February 3, 2012, 12 p.m. - 1 p.m. Pacific Time. 1 Total Participatory MCLE Credits (No Ethics) The practice of hydraulic fracturing, or "fracking," has dominated the environmental media landscape recently and with good reason: myths and misinformation abound, media

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-88611933978993021232012-01-10T14:50:00.000-08:002012-01-10T14:50:21.977-08:00

The draft Environmental Impact Report ("EIR") for the Delta Plan will be the subject of a series of field hearings to be conducted throughout the state beginning January 11. The purpose of the hearings is to seek public input on the draft EIR, which is available for comment through February 2, 2012. The schedule for the hearings is as follows: San Diego - Wednesday, January 11, 2012, 6 p.m.

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-91784861621235546242012-01-10T13:54:00.000-08:002012-01-11T09:14:07.360-08:00

KMTG attorney Hanspeter Walter recently published an article in the California Water Law and Policy Reporter discussing a 2011 federal court decision, Tehama Colusa Canal Authority v. U.S. Department of the Interior, which interpreted California's "Area of Origin" laws. A copy of Mr. Walter's article may be found here. If you have any questions concerning this topic, please contact Hanspeter

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-72780556090380383972012-01-10T13:07:00.000-08:002012-01-10T13:43:23.515-08:00

On December 29, 2011, the California Office of Administrative Law approved the addition of a Frost Control Regulation (“Regulation”), effective immediately, requiring that diversion of water from the Russian River stream system for the purposes of frost protection between March 15 and May 15, is conditional on prior approval by the State Water Resources Control Board ("SWRCB") of a detailed Water

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-19773819549788388022011-12-13T19:27:00.001-08:002011-12-15T22:56:32.872-08:00

A complaint filed this week in the Northern District of California by Oceana charges the National Marine Fisheries Service (NMFS) with failing to protect key species, such as Pacific sardine and anchovy, that serve as the base of the ocean food web. The lawsuit claims NMFS fails to prevent overfishing, fails to account for the species’ ecological role when setting catch limits, and fails to

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-66736284112668557042011-12-13T19:10:00.001-08:002011-12-16T10:07:36.352-08:00

The Siskiyou County Superior Court recently overruled a demurrer filed by the California Department of Fish and Game (DFG) in a case involving the interpretation of Fish and Game Code Section 1602. The case, filed by the Siskiyou County Farm Bureau (SCFB), seeks a judicial declaration that Section 1602 does not apply to the mere "act of extracting" water from a river or stream pursuant to a valid

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-60254909359628669882011-12-13T01:19:00.000-08:002011-12-13T01:24:21.012-08:00

Last Thursday, the House passed a bill that would prevent the Environmental Protection Agency ("EPA") from regulating farm dust. H.R. 1633, the "Farm Dust Regulation Prevention Act of 2011," would prohibit the EPA from  proposing, finalizing, implementing, or enforcing any regulation revising the national primary or secondary ambient air quality standard applicable to particulate matter with an

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-25979495284856148052011-12-09T14:45:00.001-08:002011-12-09T17:19:04.790-08:00

Yesterday, the Center for Biological Diversity ("CBD") and the Sierra Club filed a federal action in the Northern District of California challenging the Bureau of Land Management's ("BLM") leasing of property in Monterey and Fresno counties for oil and gas development. A copy of the action may be found here. The suit arises from BLM's September 14, 2011, lease of three oil and gas parcels

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-6558107121313438412011-12-09T07:37:00.001-08:002011-12-12T23:40:04.831-08:00

The Environmental Protection Agency ("EPA") recently released draft findings of a ground water investigation conducted in Pavillion, Wyoming. The report is available here. According to an EPA release, "[t]he draft report indicates that ground water in the aquifer contains compounds likely associated with gas production practices, including hydraulic fracturing." Commenting on the investigation,

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-85811326899987861032011-12-07T11:57:00.001-08:002011-12-14T15:55:00.469-08:00

The Environmental Protection Agency (EPA) recently announced that it will provide funding for projects across the country to protect Americans’ health and help restore urban waters by improving water quality and supporting community revitalization. The funding is part of EPA’s Urban Waters program, which supports communities in their efforts to access, improve, and benefit from their urban waters

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-59479530499474994152011-12-06T22:10:00.001-08:002011-12-15T22:03:05.312-08:00

As we recently reported, the House Natural Resources Committee conducted a full committee oversight hearing today, December 6, 2011, on the Endangered Species Act (“ESA”), specifically looking at the impacts of ESA litigation on the economy and species recovery. In a release issued by the Committee, Chairman Doc Hastings said: The purpose of the ESA is to recover endangered species – yet this

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-63125982601683593972011-12-02T15:44:00.001-08:002011-12-03T17:11:48.114-08:00

On Tuesday, December 6, at 10:00 am EST, the House Natural Resources Committee will hold a full committee oversight hearing on the Endangered Species Act (“ESA”), specifically looking at the impacts of ESA litigation on the economy and species recovery.  The oversight hearing, entitled “The Endangered Species Act:  How Litigation is Costing Jobs and Impeding True Recovery Efforts,” promises to be

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-48995677952031001272011-12-01T11:19:00.001-08:002011-12-01T12:07:31.199-08:00

Today, California's Department of Water Resources (DWR) and the U.S. Environmental Protection Agency (EPA) announced the release of "Climate Change Handbook for Regional Water Planning", a publication designed to guide water resource managers and planners as they adapt and navigate the complexities of climate change. In announcing the release of the handbook, EPA Region 9 Administrator Jared

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-3026039303970238282011-11-30T23:08:00.001-08:002011-11-30T23:34:31.952-08:00

On Friday, December 2, at 12:00 p.m. PST, the Natural Resources subsection of California's Real Property Law section will offer an informative presentation by Jennifer Spaletta and Daniel J. O’Hanlon regarding current litigation on California area of origin law. Event participants will learn about pending efforts in state and federal court to apply statutes to give priority deliveries of Central

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-67194467627813348162011-11-30T22:34:00.001-08:002011-11-30T23:05:43.062-08:00

California's Fish and Game Commission recently declared the American Pika a candidate species under the California Endangered Species Act (CESA). The Commission had rejected an earlier petition to list the Pika as threatened or endangered, but will now take up to 12 months to reevaluate the biological data and determine whether listing the Pika under CESA is warranted. The American Pika is an

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-65158054035220064272011-11-30T21:32:00.001-08:002011-11-30T22:24:14.534-08:00

Pfeiffer v. City of Sunnyvale, a November 28, 2011, decision by California's Sixth District Court of Appeals, has added to the ongoing debate over the proper baseline from which to analyze project impacts under the California Environmental Quality Act (CEQA). Several recent cases involving challenges to traffic analyses had suggested that a lead agency must use existing conditions as the

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-36082681300774465252011-11-19T13:23:00.000-08:002012-02-22T13:19:14.942-08:00

California's Department of Water Resources announced yesterday an initial 60% allocation of requested deliveries to State Water Project contractors for 2012. This initial allocation for the 2012 water year is a significant increase over last year's initial allocation of 25%, made in November 2010. With the significant rainfall and a near-record snowpack that followed, 2011's final allocation

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-79111756803644253092011-11-18T15:55:00.000-08:002011-11-19T13:03:18.133-08:00

The Center for Irrigation Technology at California State University, Fresno, has released its report on "Agricultural Water Use in California: A 2011 Update." A copy of the report may be found here. According to its executive summary, the report "is a thorough review of published research and technical data as well as State of California publications to assess the overall potential for

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-80045348728257393262011-11-04T17:12:00.000-07:002011-11-04T17:19:40.544-07:00

The North Coast Regional Water Quality Control Board has scheduled a CEQA scoping meeting and workshop for November 8, 2011, to consider a proposed amendment to add an Aquatic Ecosystem Restoration Policy ("AERP") to the Water Quality Control Plan ("Basin Plan") for the North Coast Region. Regional Board staff is a proposing a Basin Plan amendment that will demonstrate the support of the

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-11621375311458460632011-11-04T15:11:00.000-07:002011-11-04T15:11:51.103-07:00

On November 3, 2011, the EPA announced its final research plan on hydraulic fracturing, or fracking, a drilling methodology designed to recover natural gas and oil from deep shale formations by injecting water, sand and chemicals to break apart the rock formations and release hydrocarbons. EPA announced in March 2010 that it would conduct a research study to investigate the potential impacts of

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-61750953310866463312011-11-04T12:30:00.000-07:002011-11-08T10:28:45.681-08:00

The 2011 Operations Criteria and Plan ("OCAP") annual independent science review will take place on November 8-9, 2011, in Sacramento. The meeting announcement and agenda, with instructions on participating via the internet, may be found here. Under the auspices of the Delta Science Program ("DSP"), an independent science panel comprised of various academics and experts will convene to review

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-5825044836413445892011-11-04T09:27:00.000-07:002011-11-04T12:25:17.583-07:00

As we reported yesterday, the Delta Stewardship Council has released the draft Environmental Impact Report ("EIR") for the Delta Plan. The EIR is now available on the Council's website. For more information regarding this matter, please contact Eric Adair or the KMTG attorney with whom you normally consult. Related stories: Delta Stewardship Council to Release Draft Environmental Impact Report

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-32157886687467388462011-11-03T18:29:00.000-07:002011-11-03T18:49:28.731-07:00

The Delta Stewardship Council issued a public notice today advising that the Delta Plan Environmental Impact Report ("EIR") will be released tomorrow, November 4, 2011. The Delta Plan, a mandate of SBX7-1 of California's landmark 2009 water legislation, requires that the Council develop, adopt and carry out a comprehensive long-term management plan for the Delta (“Delta Plan”). The Delta Plan

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-87942457063908036332011-11-01T09:29:00.000-07:002011-11-01T09:29:20.498-07:00

On October 31, 2011, the United States Supreme Court rejected a petition for certiorari by several San Joaquin Valley farm companies in Stewart & Jasper Orchards v. Salazar, et al., a case partially consolidated with the Delta Smelt Consolidated Cases. The Ninth Circuit Court of Appeals had previously rejected an argument by Stewart & Jasper Orchards, Arroyo Farms, LLC, and King Pistachio Grove

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-73920491329643436972011-10-24T21:27:00.000-07:002011-10-24T21:27:48.910-07:00

A Congressional hearing was conducted recently by the Investigations and Oversight Subcommittee of the Committee on Science, Space, and Technology.  The focus of the hearing was "The Endangered Species Act: Reviewing the Nexus of Science and Policy."  The hearing was convened, at least in part, in response to Judge Oliver Wanger's September 16, 2011, decision in the Delta smelt case, in which he

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-77870492010172867882011-10-10T16:16:00.000-07:002011-10-10T16:24:05.941-07:00

California’s official state fish, the California Golden Trout, is not an endangered species, according to the United States Fish and Wildlife Service (FWS).  On October 7, 2011, after more than a decade of evaluating the Golden Trout’s status, FWS announced that the species does not warrant protection under the federal Endangered Species Act. In 2000, Trout Unlimited petitioned FWS to list the

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-45598551242525660452011-10-07T08:57:00.000-07:002011-10-07T08:57:07.218-07:00

On September 30, 2011, the United States District Court for the Eastern District of California rejected a lawsuit filed by the San Joaquin River Group Authority ("SJRGA").  The lawsuit challenged the Pacific Fisheries Management Council's adoption of fishing management measures for Sacramento River fall-run Chinook salmon for the 2011 fishing season and the National Marine Fisheries Service's

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-51741947676497196852011-10-05T11:16:00.000-07:002011-10-05T11:20:51.078-07:00

In Madera Oversight Coalition, Inc. et al. v. County of Madera (--- Cal.App.4th ---, Fifth Dist., September 13, 2011) (Madera), the Fifth District Court of Appeals provided guidance on completing California Environmental Quality Act review for a major urban development project. The opinion addresses: disclosure of uncertainties regarding water supply; limits on agency discretion in establishing

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-27844951215731846012011-09-30T16:36:00.000-07:002011-09-30T16:36:49.636-07:00

On September 28, the Environmental Protection Agency announced the release of its Final Health Assessment for trichloroethylene.  The final assessment characterizes the chemical as carcinogenic to humans and as a human noncancer health hazard. TCE is one of the most common man-made chemicals found in the environment.  A chlorinated hydrocarbon, it was widely used as an industrial solvent and is

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-8173900852482842522011-09-28T16:16:00.000-07:002011-09-28T16:16:24.322-07:00

The Environmental Protection Agency announced today that it is ordering a $60 million clean-up of rocket fuel-polluted groundwater at the Aerojet Superfund Site in Sacramento County. In its press release, the EPA stated that a 27-square mile swath of groundwater underneath and around the former aerospace facility is polluted with several compounds, including very high levels of perchlorate – a

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-89486637261209256762011-09-27T08:20:00.000-07:002011-09-27T08:25:16.117-07:00

Judge Oliver Wanger, who is scheduled to leave the federal bench at the end of this week, gave a radio interview to KQED's The California Report. The interview may be heard at this link. Related stories:  Court Finds 2009 Salmonid Biological Opinion Arbitrary and Capricious and Remands to National Marine Fisheries Services Court Denies "Fall X2" Motions and Finds Agency Bad Faith Federal

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-11569555777523316082011-09-26T18:37:00.000-07:002011-09-26T18:37:35.666-07:00

In City of Palmdale v. Palmdale Water District (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., August 9, 2011), a court of appeal considered whether the new water rate structure of a water district met the constitutional requirements of Proposition 218. The court held the rate structure did not meet Proposition 218’s proportionality requirement because the district’s tier structure establishes that

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-1531272338978256832011-09-22T11:37:00.000-07:002011-09-22T11:37:17.039-07:00

On Tuesday, September 20, 2011, the State Water Resources Control Board adopted a new regulation governing the diversion of water for frost protection in the Russian River stream system.  Under the regulation, any diversion of water, or pumping of hydraulically connected groundwater, within the Russian River system for frost protection purposes from March 15 through May 15 must be done in

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-33479019247678871272011-09-20T15:13:00.000-07:002011-09-20T15:23:57.046-07:00

On September 20, 2011, the United States District Court for the Eastern District of California issued a memorandum decision that finds the 2009 Salmonid Biological Opinion ("BiOp") and Reasonable and Prudent Alternative ("RPA") arbitrary, capricious, and unlawful. In a 279-page decision by Honorable Judge Oliver Wanger, the court found several scientific and legal errors in the BiOp and RPA that

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-30087784211369815392011-09-16T14:53:00.000-07:002011-09-16T16:32:05.345-07:00

Judge Oliver Wanger conducted a hearing today on the motions filed by the United States Fish and Wildlife Service and the Natural Resources Defense Council (collectively, "Defendants") to stay his August 31 order.  In that order, Judge Wanger enjoined the federal government from implementing the “Fall X2” measure under the Delta smelt biological opinion.  Absent the injunction, the Fall X2

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Where the United States questions whether a federal water supply contract may be used to serve a proposed urban development project, that project’s environmental impact report (“EIR”) must disclose the government’s position and address the resulting uncertainty in the project’s water supply.  The Fifth District Court of Appeal reached that holding in a September 13, 2011, opinion in Madera

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As we recently reported, the Natural Resources Defense Council has moved to stay Judge Oliver Wanger’s August 31 order enjoining the federal government from implementing the “Fall X2” measure under the Delta smelt biological opinion.  The United States Fish and Wildlife Service subsequently filed a similar motion.  Following a brief hearing on September 9, the Court directed the plaintiffs to

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-49153748164091817982011-09-15T11:14:00.000-07:002011-09-15T11:14:52.546-07:00

The United States Environmental Protection Agency announced yesterday that it has ordered Northrup Grumman Systems Corporation to spend $20 million to build a groundwater cleanup system to address groundwater contamination emanating from the former Benchmark Technology facility in the City of Industry. According to the EPA, the site is one of the largest sources of volatile organic compound

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-3929261423988081452011-09-14T14:31:00.000-07:002011-09-14T14:32:50.311-07:00

As we previously reported (here and here), the United States District Court for the Eastern District of California ruled in early August that water users in the Sacramento Valley have no preferential right to delivery of Central Valley Project water under California's so-called “area of origin” laws.  In a notice filed this morning, the Tehama-Colusa Canal Authority, plaintiff in Tehama-Colusa

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-9893048821773885332011-09-12T11:25:00.000-07:002011-09-26T14:10:35.686-07:00

In Gutierrez v. County of San Bernardino (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., August 24, 2011), a court of appeal considered whether property owners stated a claim for inverse condemnation for damage to their properties caused by a second flood after the county installed K-rails to protect residences because a previous flow of water, sediment, and debris had caused substantial damage. The

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On September 6, the Natural Resources Defense Council filed a notice of appeal and moved to stay Judge Oliver Wanger’s August 31 order enjoining the federal government from implementing the “Fall X2” measure under the Delta smelt biological opinion.  We previously reported on Judge Wanger’s ruling here. In papers filed late yesterday, the NRDC appealed the injunction and separately filed a motion

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A recent decision of California's Fourth District Court of Appeal resolved claims for inverse condemnation brought against San Bernardino County by property owners whose homes were destroyed by water, dirt, and debris flowing from nearby mountains.  The case, Michael T. Gutierrez et al. v. County of San Bernardino, addressed flooding damages caused by intense rains that occurred after a large

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-20949510971718551652011-08-31T19:31:00.000-07:002011-09-02T17:45:42.257-07:00

On August 31, 2011, the United States District Court for the Eastern District of California enjoined the federal government from implementing the so-called “Fall X2” measure, which, absent the injunction, would have restricted California’s water supply by hundreds of thousands of acre feet. In his 140-page Findings of Fact and Conclusions of Law, Judge Oliver W. Wanger granted a motion filed by

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com1tag:blogger.com,1999:blog-4635483701169893409.post-22904382905032748182011-08-23T13:32:00.000-07:002011-08-23T13:32:54.271-07:00

Governor Jerry Brown will take steps to reduce the size of the $11 billion water bond proposed as part of the 2009 state water legislation package but pulled from last year's statewide election, the Sacramento Bee reported. The governor expressed concern that the bond will not pass in its current form, explaining: "We have to figure out a way to make [the bond] more politically acceptable,"

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-48172082766226880872011-08-22T22:27:00.000-07:002011-08-22T22:27:00.620-07:00

The Delta Stewardship Council will meet on August 26, 2011, to receive a staff briefing on the fifth staff draft of the Delta Plan.  The meeting will be held in the Fresno/El Dorado room of the Holiday Inn Capitol Plaza, located at 300 J Street in Sacramento. We previously reported on the release of the fifth staff draft of the Delta Plan in early August.  On Friday, staff will provide a report

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-43410493758231951132011-08-19T15:13:00.000-07:002011-08-19T15:17:09.788-07:00

On August 15, 2011, the California Supreme Court issued its decision in Voices of the Wetlands v. State Water Resources Control Board, et al., resolving a decade-long dispute over expansion of the Moss Landing Powerplant near Monterey Bay, California. Dynegy Moss Landing LLC (Dynegy), the current owner of the facility, sought approval from the State Energy Commission to expand the plant and

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A Marin County Superior Court judge has ruled that further environmental review is required before a new desalination plant may be constructed to improve water supply availability in San Rafael, Mill Valley and other communities within the Marin Municipal Water District service area. The August 16, 2011, ruling in North Coast Rivers Alliance et al. vs. Marin Municipal Water District Board of

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On August 11, 2011, the U.S. Department of the Interior, the U.S. Department of Commerce, and the California Natural Resources Agency announced an agreed-upon schedule for completing an effects analysis and a combined environmental impact statement/environmental impact report as part of the Bay Delta Conservation Plan.  That review is to be completed by June 2012.  The agencies also agreed upon a

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The California State Assembly’s Joint Committee on Fisheries and Aquaculture will convene an informational hearing on the topic of “Coho Salmon on the Brink: Understanding the Depth of the Crisis and Recovery Strategies.”  The hearing will be conducted on August 16 at 10:00 a.m. in room 4202 of the State Capitol in Sacramento.  It is also expected to be available online. In a press release,

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-72294136628784442132011-08-08T22:01:00.000-07:002011-08-14T08:20:59.191-07:00

On August 2, 2011 the California Department of Fish and Game (“DFG”) issued a draft restoration plan for the Sacramento-San Joaquin Delta, titled "Draft Ecosystem Restoration Program Conservation Strategy."  The Ecosystem Restoration Program ("ERP") identifies promising ecosystem restoration opportunities in the Sacramento-San Joaquin Delta and Sacramento and San Joaquin Valley Regions and

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-20066317712679457872011-08-05T16:39:00.000-07:002011-08-08T22:10:04.425-07:00

The $11 billion water bond that was pulled from last year's statewide election will likely appear on a future ballot, according to State Senator Fran Pavley (D-Santa Monica). According to online publication The Acorn, Senator Pavley acknowledged that "[a]ny change in that water bond, whether it’s split in half or reprioritized, requires a two-third vote from legislators. We have not yet heard the

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-68157019708989042872011-08-05T15:21:00.000-07:002011-08-22T22:12:23.433-07:00

On August 3, 2011, the Delta Stewardship Council issued a further (fifth) draft of the Delta Plan.  As we explained in our November 2009 Legal Alert on California's sweeping water legislation, the statutorily-created Delta Stewardship Council must adopt a Delta Plan by January 1, 2012, to accomplish ecosystem restoration and water delivery reliability for 25 million Californians and millions of

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-34194452885769098832011-08-04T17:41:00.000-07:002011-08-05T14:06:28.725-07:00

The California Department of Water Resources ("DWR") has adopted an emergency regulation and begun a public comment and hearing process on formal regulations to implement agricultural water use efficiency requirements established in SB 7, part of the significant water legislation package adopted in 2009.  The new regulations require most agricultural water suppliers providing water to 25,000

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The California Department of Water Resources ("DWR") has unveiled its Online Submittal Tool ("DOST") for Urban Water Management Plan ("UWMP") updates.  The DOST website is available here and the online user manual is available here. The Urban Water Management Planning Act requires urban water suppliers to submit their 2010 Urban Water Management Plan updates in both printed and electronic form.

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On July 26, 2011, Senior Judge Lawrence K. Karlton of California's Eastern District Federal Court issued a remedy order in an Endangered Species Act case.  In the case, South Yuba River Citizens League and Friends of the River v. National Marine Fisheries Service et al., environmental groups successfully proved their claim that a biological opinion issued by the National Marine Fisheries Service 

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-39412425986733201282011-08-04T10:00:00.000-07:002011-08-04T16:19:35.228-07:00

Water users in the Sacramento Valley have no preferential right to delivery of Central Valley Project (“CVP”) water under the state’s so-called “area of origin” laws, according to the U.S. District Court in Fresno. The “area of origin” laws allow water users within an area where water originates to apply for new diversions, and to obtain priority for such diversions ahead of already existing

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-91660603383989162482011-08-01T14:33:00.000-07:002011-08-03T22:40:10.844-07:00

On July 29, 2011, the United States District Court for the Eastern District of California issued a memorandum decision rejecting assertions by the Tehama-Colusa Canal Authority that California area of origin law entitled its member districts to priority deliveries of Central Valley Project water and that the Bureau of Reclamation acted in violation of law by delivering less than 100% of contract

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-41141405130094660682011-07-29T16:46:00.001-07:002011-08-03T15:21:39.434-07:00

On July 26, 2011, the Ninth Circuit held that the manufacturer of equipment designed to filter and recycle perchlorethylene ("PCE") could not be found liable as an "arranger" under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601-9675.  Plaintiff generated PCE-laden wastewater in its dry cleaning operation.  It used the manufacturer's

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-57627784899905651472011-07-29T16:30:00.000-07:002011-08-03T15:22:12.151-07:00

On July 27, 2011, the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment ("OEHHA") announced the long-awaited public health goal ("PGH") for hexavalent chromium, or chromium 6, in drinking water.  OEHHA set the goal at 0.02 micrograms per liter, or parts per billion.  This PHG is the first in the nation, either state or federal, specifically for chromium

KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-19601681684337038662011-07-29T12:08:00.000-07:002011-08-03T15:22:31.126-07:00

In South Orange County Wastewater Authority v. City of Dana Point, (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., June 30, 2011), a court of appeal considered whether the California Environmental Quality Act (“CEQA”) works in reverse to require an environmental impact report (“EIR”) where the environment would have an impact on a project instead of the other way around. In this case, the environment

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