March 26, 2024 | Category:
News | Tags:
2008 Mitigation Rule,
Army Corps,
CWA,
EPA,
ERBA,
Sackett,
Water Law,
water rule,
Waters Of The U.S.,
Watershed Approach,
WOTUSERBA Applauds Corps Guidance on Watershed Approach and Mitigation Post-Sackett From ERBA: Last Friday, on World Water Day, Assistant Secretary for the Army Michael Connor issued guidance affirming the position of the 2008 Compensatory Mitigation Rule (“Rule”) that restoration of non-jurisdictional waters and wetlands at compensatory mitigation sites may offset impacts to jurisdictional […]
This week the Bureau of Reclamation announced that most customers would receive all of their contracted water supplies from the Central Valley Project (“CVP”). However, because of a dry winter in California, approximately 10 percent of customers have yet to even receive a supply estimate and large areas of farmland south and east of the […]
February 4, 2018 | Category:
Land Use,
Lawsuit,
News,
Water | Tags:
appeal,
court case,
environmental group,
EPA,
land use,
Land Use Law,
lawsuit,
Water,
Water Law,
Waters Of The U.S.On Thursday, the Ninth Circuit ruled that wastewater injections whose pollutions reach navigable U.S. waters via groundwater are subject to the Clean Water Act (“CWA”). Experts say this decision could drastically expand the scope of CWA liability and includes activities ranging from coal ash and pipeline spills to agricultural runoff. In coming to this decision, […]
August 4, 2017 | Category:
Land Use,
Lawsuit,
News,
Water | Tags:
California,
california land use,
court case,
EPA,
land use,
Land Use Law,
lawsuit,
mitchell chadwick llp,
Water,
Water Law,
Waters Of The U.S.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 […]
May 26, 2017 | Category:
California,
Land Use,
Lawsuit,
News,
Water | Tags:
appeal,
California,
california land use,
court case,
EPA,
land use,
Land Use Law,
lawsuit,
Water,
Water Law,
Waters Of The U.S.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 […]
May 20, 2017 | Category:
Land Use,
Lawsuit,
Water | Tags:
court case,
environmental group,
land use,
Land Use Law,
lawsuit,
mitchell chadwick llp,
Water,
Water Law,
Waters Of The U.S.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 […]
April 6, 2017 | Category:
Land Use,
Lawsuit,
News,
Water | Tags:
appeal,
court case,
environmental group,
EPA,
Land Use Law,
lawsuit,
mitchell chadwick llp,
Water,
Water Law,
Waters Of The U.S.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 […]
March 25, 2017 | Category:
California,
Land Use,
Water | Tags:
Braiden Chadwick,
California,
california land use,
endangered species,
land use,
Land Use Law,
mitchell chadwick llp,
Water,
Water LawThis 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 […]
February 7, 2017 | Category:
Land Use,
Lawsuit,
News,
Oil and Gas | Tags:
Army Corps,
court case,
environmental group,
land use,
Land Use Law,
lawsuit,
mitchell chadwick,
mitchell chadwick llp,
oil,
oil & gas,
oil and gas,
Water Law,
Waters Of The U.S.Today, the United States Army Corps of Engineers sent a Notification to Congress regarding the Dakota Access Pipeline, announcing the Corps’ intention to grant an easement for the oil pipeline to cross Lake Oahe. (Document HERE.) The easement is located north of the Standing Rock Indian Reservation and is the subject of the Standing Rock […]
Lawmakers Consider Reforms to California’s Water Delivery Rules Representatives from California and House Majority Leader Kevin McCarthy introduced H.R. 23 on January 4, 2017, to facilitate further drought relief for California farmers and water districts. Among other things, the bill aims to protect water rights, reduce costs of water delivery contracts, amend the 1992 Central […]
