Water

Trump Administration Sued by Environmental Groups Over Mojave Desert Groundwater Project

This week environmental groups brought a lawsuit against the Trump administration over its recent support of a company’s plan to pump 16.3 billion gallons of groundwater each year from a Mojave Desert aquifer to developments in South Orange County and other locations. Los Angeles-Based Cadiz Inc. seeks to build a pipeline that pumps the water […]

Central Valley Farming District Votes Against Participating in the California WaterFix

This week one of the biggest supporters of California’s water tunnels voted against funding the ambitious California water project (known as “California WaterFix”) proposed Governor Jerry Brown. Westlands Water District voted 7 to 1 against a resolution to help fund the $17 billion set of 40-foot-diameter tunnels underneath the Delta, citing concerns about costs that […]

Central Valley Farmer John Duarte Reaches Settlement with Federal Government

Just before the penalty phase of trial was set to begin on Tuesday, Northern California farmer John Duarte reached a settlement with the federal government, after being fined for plowing over disputed wetlands on his property. With the government seeking a $2.8 million fine and tens of millions of dollars in mitigation expenses, Duarte agreed […]

California Farmer Takes Clean Water Act Legal Fight to the Political Arena

Lobbyist, and former Republican Representative, Richard Pombo, has been retained by a California nursery owner facing a potential multi-million dollar fine for violating the Clean Water Act. Nursery owner, John Duarte of Duarte Nursery has retained the Washington, D.C. lobby to help fight his lengthy dispute with federal officials. Simultaneously, Mr. Duarte is facing a […]

Economic Analysis Undermines 2015 Clean Water Rule’s Alleged “Economic Benefits”

In support of its efforts to repeal the 2015 Clean Water Rule (“Rule”), the Trump Administration is attacking the Obama Administration’s studies touting the supposed economic benefits of implementing the Rule. The Obama Administration had previously calculated that the annual benefits of implementing the Rule would range from $338 million – $554 million, with the […]

California Water Agencies Appeal to Supreme Court in Landmark Tribal Groundwater Case

This week, two California water agencies filed petitions appealing to the Supreme Court to review a landmark decision that gives Native American tribes groundwater rights. The Coachella Valley Water District and Desert Water Agency are challenging a March decision by the Ninth Circuit Court of Appeals, which held that the AguaCaliente Band of Cahuilla Indian […]

California Farmer Facing Almost $3 Million in Fines for Plowing Own Field

A California farmer is facing a $2.8 million fine and a trial in federal court this summer for failing to get a permit to plow his own field. John Duarte, of Duarte Nursery, bought 450 acres of land near Modesto in 2012, where he planned to grow wheat. While his wheat was planted, it was […]

Legal Tempest in a Teapot: Rapanos Being Re-fought by Opponents of the Trump CWA Executive Order

Environmental groups are taking issue with President Trump’s executive order instructing the U.S. Environmental Protection Agency to consider interpreting the term “navigable waters” in a manner consistent with the late Justice Antonin Scalia’s opinion in Rapanos v. United States. In his opinion Justice Scalia concluded that the Clean Water Act only applies to relatively permanent […]

U.S. Supreme Court will hear Waters of the United States Case Over Trump Objection

This week, the U.S. Supreme Court decided that it will hear a case related to the Clean Water Rule, also known as the Waters of the United States rule, promulgated under the Obama administration. The Supreme Court denied the Trump administration’s motion to put the ligation on hold in light of President Trump’s February executive […]

California Farmers Upset Over Water Allocations

This week the Bureau of Reclamation announced the 2017 water allocations for California farmers and many groups are upset over the long-awaited announcement. According to the release, farmers south of the state’s main water hub would only receive 65 percent of their allotted water from the Central Valley Project. Meanwhile, other regions are receiving their […]

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