PROPOSED LEGISLATION WOULD GRANT THE STATE WATER RESOURCES CONTROL BOARD NEW AUTHORITY OVER ALL SURFACE WATER DIVERSIONS

A pair of bills introduced last week propose sweeping new authorities for the State Water Resources Control Board (SWRCB) that would increase state oversight of surface water diversions. Read More
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State Water Board Exceeded its Authority by Curtailing Diversions by Pre-1914 Water Rights Holders Based on Lack of Water

The Sixth District Court of Appeals recently upheld a trial court judgment finding that the State Water Resources Control Board (“SWRCB”) exceeded its authority in 2015 by ordering “junior” pre-1914 water rights holders to stop diverting wate… Read More
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California Water Board Proposes Massive Civil Penalty For Discharge Of Fire Suppression Water

Administrative Civil Liability Complaint No. R4-2022-0218 In early July 2022, the Los Angeles Regional Water Quality Control Board proposed to levy a historically large civil penalty – more than $15 million – on the owners and operators of a beau… Read More
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New Toxicity Provisions Establish Statewide Effluent Limitations for NPDES Permits

On October 5, 2021, the State Water Resources Control Board (“State Board”) adopted statewide requirements for dischargers, known as the “Toxicity Provisions,” which insert a uniform set of effluent limitations into each region’s basin plan… Read More
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CEQA’s Categorical Exemption for “Existing Facilities” Again Found Ambiguous

Los Angeles Dept. of Water & Power v. County of Inyo 2021 Cal. App. LEXIS 676 Section 15301 of CEQA’s Guidelines categorically exempts, among other things, ongoing operations at “existing facilities.” A new decision from the Fifth Appellate… Read More
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Categories: Articles, Water

First District Court of Appeal Rules that Responsible Agencies May Impose Mitigation Measures That Were Not Identified During CEQA Review of a Project

The First District Court of Appeal recently held that the California Environmental Quality Act (“CEQA”) does not prevent responsible agencies from imposing mitigation requirements that are more stringent than those identified in a certified Envir… Read More
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Categories: Articles, CEQA, Water

Sacramento Court Invalidates State Wetlands Regulations

The Sacramento County Superior Court recently invalidated state regulations that were designed to create new permitting requirements for dredge and fill activities in wetlands that lost federal protections under the Clean Water Act following United S… Read More
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Winery Waste Discharge Requirements Scheduled for Adoption in November 2020

California’s State Water Resources Control Board continues to advance its development of general waste discharge requirements (“WDRs”) for wineries. On July 3, 2020, the board gave notice of a July 22, 2020 online public workshop and scheduled… Read More
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U.S. Supreme Court Interprets Clean Water Act to Apply to Groundwater Discharges that are “Functional Equivalent” of Direct Discharges to Navigable Waters

April 2020 The U.S. Supreme Court has held, in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al., that point-source discharges to groundwater require a Clean Water Act (CWA) permit if the discharge is “the functional equivalent of a direct dis… Read More
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Stranded in Level 1 or Level 2? The 2020 IGP Amendments Allow an Escape

April 2020 Operators under California’s Industrial General Permit (IGP) are familiar with the challenge of maintaining “baseline” status under the IGP. This is especially true for mines and construction material producers, whose facilities are… Read More
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