Lawsuit seeks to have California Waterways Identified as Hydrologically Impaired under the Clean Water Act
From Downey Brand:
On November 1, 2017 the Earth Law Center, San Diego Coastkeeper and Los Angeles Waterkeeper (Petitioners) filed a Verified Petition for Writ of Mandate seeking to compel the State Water Resources Control State Board (Board) to identify the Salinas River, Carmel River, San Clemente River, Big Sur River, Santa Maria River, Santa Clara River, all Central Valley waters including the Delta, Napa, and portions of the Santa Ana River (the “Waterways”) as hydrologically impaired under the Clean Water Act.
Petitioners want the Board to consider the impacts from “hydromodificiation” as pollution, including “large-scale water projects,” recreational dams, diversion dams, groundwater pumping, delta pumping, and pumping of underflow that results in the dewatering of rivers and insufficient flow for beneficial uses related to wildlife habitat and development. Petitioners’ allegations are focused on actions that reduce flow in the Waterways.
Click here to continue reading from Downey Brand.
Dispute Over Lead Testing in School Drinking Water Continues
State Water Resources Control Board Says It Will Enforce Permit Amendment
From Best Best & Krieger:
In January, the State Water Resources Control Board adopted an amendment to domestic water supply permits, requiring water suppliers to test public and private school drinking water at the request of school officials. The permit amendment, which imposes the costs of testing on the water suppliers, was adopted without any public hearings or opportunity for public comment. Water suppliers were informed by the Board that their domestic water supply permits were being amended, without being given any opportunity for a hearing.
Best Best & Krieger LLP filed a petition with the Office of Administrative Law on behalf of the California Municipal Utilities Association, challenging the permit amendment as an unlawful underground regulation. In response to the petition, on Nov. 21, the Division of Drinking Water’s executive director submitted a certification to the OAL that it would not “issue, use, enforce, or attempt to enforce” the template on which all permit amendments were based. The certification was made pursuant to section 280 of title 1 of the California Code of Regulations.
New California coastal laws for 2018
Development, Accommodations, Sea Rise and Public Access
From Best Best & Krieger
For California coastal issues, 2017 was a busy year, both in the courts and the state Legislature.
Three significant court decisions were handed down:
- Banning Ranch Conservancy v. City of Newport Beach held that a city’s Environmental Impact Report was inadequate because it omitted any consideration of potential or previously identified environmentally sensitive habitat areas under the California Coastal Act of 1976.
- Lynch v. California Coastal Commission held that property owners had forfeited their right to challenge a Coastal Commission action by constructing the improvements that the Commission authorized.
- Surfrider Foundation v. Martins Beach 1, LLC concluded that certain actions taken by a property owner resulting in a change in access to Martins Beach constituted “development” requiring a coastal permit and that requiring the property owner to maintain prior levels of access did not constitute a per se physical “taking.”
In addition to these court decisions, the Legislature passed several new bills that will go into effect Jan. 1.
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About News Worth Noting: News Worth Noting is a collection of press releases, media statements, and other materials produced by federal, state, and local government agencies, water agencies, and academic institutions, as well as non-profit and advocacy organizations. News Worth Noting also includes relevant legislator statements and environmental policy and legal analyses that are publicly released by law firms. If your agency or organization has an item you would like included here, please email it to Maven.
