California Water Views

Last week, the U.S. Supreme Court issued a long-awaited decision in County of Maui v. Hawaii Wildlife Fund et al., 590 U.S. __ (2020), in which it determined that the Clean Water Act (CWA) requirements for a National Pollutant Discharge Elimination System (NPDES) permit for point source discharges of pollutants do apply in certain circumstances to effluent that reaches waters of the United States via groundwater. But under what circumstances? Plaintiff environmental groups argued for the Ninth Circuit’s decision that CWA permitting requirements apply when effluent in a ...

In the past, the Coastal Commission has taken a very negative view on any limitations of public beach access. In fact, one can say that the Commission has been downright aggressive in pursuing what it perceived to be limitations on public access. In 2014, the California Legislature effectively weaponized the Commission, passing legislation that authorized the Commission to impose administrative penalties on anyone they concluded to be in violation of a public access provision. (See Pub. Resources Code, § 30821.) Previously, the Commission needed to make a finding of unpermitted ...

Nossaman Partners John Erskine and Ben Rubin recently presented at the International Right of Way Association (IRWA) Chapter 1’s 28th Annual Valuation Seminar in Montebello, CA, where they provided a presentation entitled “Rising Sea Levels - Financial Liability Issues to Cities & Legal Issues.” Sea level rise is a critical issue facing public agencies and property owners throughout the U.S. In California alone, this phenomenon could impact thousands of residences and businesses, dozens of wastewater treatment plants and power plants, 250 miles of highway, 1,500 miles ...