California Water Views

We are excited to release the inaugural issue of Nossaman’s California Water Views – 2023 Outlook. April 1st is an important milestone in California’s water year – marking the annual snowpack assessment and related drought determination. We asked a number of our attorneys and policy advisors who are committed to the water sector to identify the pivotal issues they’re watching now and for the year ahead. Their perspectives are available in our 2023 Outlook covering these topics: 

• Funding California’s Water Future. As communities look for ways to build and upgrade ...

On January 10, 2023, Governor Gavin Newsom announced his $297 billion budget proposal for 2023-2024, which includes a $22.5 billion budget deficit. Despite environmental/climate change programs facing $6 billion in cuts, Governor Newsom’s proposed budget includes relatively few negative impacts to water projects. In fact, the drought response and water resilience section, which includes the vast majority of water-related funding, only faces a cut of two percent, from $8.7 billion to $8.6 billion. That two percent reduction is the lowest of any environmental category. ...  

On December 19, 2022, the U.S. Army Corps of Engineers (Army Corps), Sacramento District released its Draft Environmental Impact Statement (EIS) for the Delta Conveyance Project. The Army Corps is the federal agency tasked with evaluating the Delta Conveyance Project for compliance with the National Environmental Policy Act. Cooperating federal agencies include the U.S. Fish and Wildlife Service, National Marine Fisheries Service, U.S. Environmental Protection Agency, and U.S. Bureau of Reclamation.

The Delta Conveyance Project is the California Department of Water ...

On November 10, 2022, California Attorney General Rob Bonta announced that he had filed a lawsuit against 3M, DuPont, and sixteen other companies for their roles in manufacturing per- and polyfluoroalkyl substances (PFAS). The lawsuit seeks money damages, which could reach hundreds of millions of dollars, for damages, penalties, and restitution, as well as injunctive relief and abatement. Some consider the lawsuit the broadest of its kind brought by any state.

PFAS is an umbrella term that covers dozens of types of man-made chemicals. PFAS were used for a variety of purposes ...

On September 7, 2022, California became the first government in the world to require microplastics testing for drinking water, an emerging contaminant that is found throughout the environment. The State Water Resources Control Board (State Water Board) approved a policy handbook that details how it will implement a four-year plan, including testing logistics as well as how it will select the public agencies that will be required to test.

Microplastics represent an emerging contaminant of concern for which there are still a number of unanswered questions. As the policy handbook ...

On July 1, 2022 a panel of the Ninth Circuit issued a superseding opinion in California River Watch v. City of Vacaville, Appeal No. 20-16605, withdrawing its previous opinion in the same case and reaching the opposite result. The case is a rare example of a court reversing itself, and has important implications for water suppliers in California and nationwide.

In California River Watch, the plaintiff sought to impose RCRA liability on a water supplier based on the presence of hexavalent chromium in the water it supplied to customers, despite the fact that the water complied with the ...

On June 15, 2022, the U.S Environmental Protection Agency (EPA) announced new health advisories for four per- and polyfluoroalkyl substances (PFAS). The health advisories significantly lowered the level considered safe to consume for two PFAS and set limits for two new PFAS. At the same time, EPA announced it was making $1 billion available in grant funding to help communities address PFAS contamination.

PFAS have been dubbed “forever chemicals” because they tend to linger in the environment and humans rather than naturally breaking down. There are dozens of different types ...

Recently, I authored a post for DeltaCurrents, the Center for California Water Resources Policy and Management's blog. The focus of the piece is on the ways in which science can play a role in the success of the so-called Voluntary Agreements (VAs). The VAs are an alternative to an adjudicatory water-rights proceeding as a means for the State Water Resources Control Board to implement updated water quality objectives for California’s Bay-Delta and its tributary rivers.

A number of federal, state, and local agencies took a significant first step toward negotiation of VAs by ...

Last week, the Ocean Protection Council adopted California’s Statewide Microplastics Strategy. The strategy is the first of its kind in the nation, focusing on outlining steps to address microplastic pollution, an emerging contaminant of concern.

Microplastics are defined in California as plastics that are between one nanometer and five millimeters in size. Microplastics have long been a concern for marine life, but recently there has been an increase in concern about the impacts of ingesting microplastics on humans. California has led the nation in developing strategies to ...

The Environmental Protection Agency (EPA) has announced two public meetings via webinar to cover a comprehensive overview of its most recent Unregulated Contaminant Monitoring Rule ("UCMR"), UCMR 5. The two meetings will be held on March 16^th from 9:00 am - 12:00 pm and March 17th from 1:00 pm - 4:30 pm (eastern time). The meetings will be identical, and EPA has posted links to sign up for either of the webinars on its website. The webinars are currently first-come, first-served, and sign-up space for them is limited. EPA has stated that it may schedule additional webinars if there is ...

On October 18, 2021, the Biden-Harris administration announced an updated government-wide “comprehensive approach” to address per- and polyfluoroalkyl substances (PFAS), a set of man-made chemicals that are widely used in a variety of consumer and industrial products, and which persist in the environment once released and may be linked to health impacts. The announcement identified several activities to address PFAS by eight federal agencies, as well as proposed funding in the forthcoming infrastructure bill for monitoring for PFAS compounds in drinking water through ...

Today, the Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency announced the release of a draft document for public review describing proposed Public Health Goals (PHGs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in drinking water. The release of the draft PHGs is a long-awaited and significant step in the regulation of such per- and polyfluoroalkyl substances (PFAS) in California.

The draft PHGs identified by OEHHA are 0.007 parts per trillion (ppt) for PFOA to address concerns based on ...

The first 100 days of a new administration can define what lies ahead for the next four years. Join our panel of Nossaman Environment & Land Use attorneys from across the U.S. on April 15, 2021 from 11:00 a.m. – 12:30 p.m. PT as we review and evaluate the Biden administration’s first 100 days of policy moves involving environmental and natural resources management.

We will discuss efforts to fill leadership roles at CEQ, EPA, Interior, DOT and other federal agencies. Updates and analysis will be provided regarding key areas of policy, legislation and regulation, including:

• Climate ...

President-elect Joe Biden’s victory over Donald Trump could mean big changes for federal treatment of issues affecting water service providers, as well as how such issues are addressed in California, where Governor Newsom will presumably now have an ally in the White House. At both the state and federal levels, legislators are still working to address the impact of COVID-19 on public health and the economy, while pursuing existing policy goals that may have been put on hold due to the challenges created by the pandemic.

To navigate these new changes, please join us on December 3, 2020 ...

On October 13, 2020, President Trump issued the Executive Order (EO) on Modernizing America’s Water Resource Management and Water Infrastructure. The goal of the EO is to streamline the management of federal water policy and make coordination among agencies managing water infrastructure more efficient. The EO established a Water Subcabinet of agency officials to coordinate water strategy and planning. The composition of the Water Subcabinet is outlined in the EO, and according to a press release from the Environmental Protection Agency (EPA) ...

California’s fourth annual Water Professionals Appreciation Week kicks off on October 3^rd, highlighting the important role of water industry professionals and local public water agencies in ensuring safe and reliable water, wastewater and recycled water operations in California. Now more than ever, we appreciate the dedication of our highly trained operators, technicians and other specialists in the water sector.

Water Professionals Appreciation Week was established in 2017 by Senate Concurrent Resolution 80, by Sen. Bill Dodd (D-Napa). Recent labor studies estimate ...

Please join me as I moderate “PFAS: Updates on the Regulatory Landscape” on July 29th, from 10:30 - 11:30 a.m. PT, during the 2020 Summer Virtual Conference, hosted by the Association of California Water Agencies (ACWA).

Participants will come away from this session with important information about...

This week, on June 16, the California State Water Resources Control Board (“State Water Board”) unanimously adopted a definition for microplastics, making California the first state to adopt a definition specifically applied to drinking water (footnotes omitted):

‘Microplastics in Drinking Water’ are defined as solid polymeric materials to which chemical additives or other substances may have been added, which are particles which have at least three dimensions that are greater than 1nm and less than 5,000 micrometers (µm). Polymers that are derived in nature that have not been chemically modified (other than by hydrolysis) are excluded.

The final definition is much the same as the proposed version that was issued in March 2020 for public comment, key differences being that ...

Recently, I participated in the Environmental Law Institute’s (ELI) Master Class, PFAS: From Common Use to Concern. My fellow panelists and I discussed “PFAS in Water,” which included a discussion of the environmental and human health impacts of PFAS contaminated waters, as well as the best approaches to regulate, establish and enforce cleanups and safe drinking water standards.  I was privileged to serve on this panel along with Chris Curran, Water Business Line PFAS Lead, AECOM; Rula Deeb, Ph.D., Senior Principal, Geosyntec Consultants; and Jonathan Kalmuss-Katz, Staff Attorney, Earthjustice. Some of the main take-aways from our presentation included ...

Please join me on May 5, 2020, when I will participate in a webinar panel discussion, "PFAS in Water," hosted by the Environmental Law Institute (ELI). As the second presentation during the ELI Master Class, PFAS: From Common Use to Concern, our  panel will dive into the environmental and human health impacts of PFAS contaminated waters. We will also tackle the best approaches to regulate, establish and enforce cleanups and safe drinking water standards. Additionally, our group of experienced water sector practitioners will explore the federal and regional regulatory ...

As California businesses remain closed and residents stay at home under shelter-in-place orders, water utilities are at the frontlines ensuring continued access to safe drinking water. Still, it seems that no industry is immune to COVID-19’s economic impacts. A recent analysis prepared for the American Water Works Association and the Association of Metropolitan Water Agencies estimates that revenue shortfalls for the water industry could result in a $32.7 billion reduction in nation-wide economic activity, with significant impacts on private sector jobs and investment in ...

Please join our Water Industry Team on April 16, 2020 for “Keeping Current on COVID-19 Challenges for the Water Industry,” a special presentation as part of our 2020 Water Webinar Series. 

There is no question that the COVID-19 pandemic has significantly disrupted business operations in virtually every business sector, and the water industry is no exception. We are mindful of how strenuous it is for our clients to navigate these turbulent times as they continue to provide critical services to our communities and adapt quickly to new emergency orders ...

There is no question that the COVID-19 pandemic has significantly disrupted business operations in virtually every business sector, and the water industry is no exception.  We are mindful of how strenuous it is for our clients to navigate these turbulent times as they continue to provide critical services to our communities and adapt quickly to new emergency orders.

We have received a number of questions and concerns from clients on how the current pandemic affects the water industry, and what to expect going forward. We will be hosting a webinar on April 16, 2020 from 1:00 to 2:00 p.m. PT to address some of the latest updates on these issues and to help answer questions. Please click here to register.

In the meantime, the following summarizes some of the key issues facing water industry professionals, which we will address also in more detail during the webinar ...

On March 26, 2020, EPA announced a temporary enforcement discretion policy to excuse violations of environmental laws in specified circumstances during the coronavirus pandemic. EPA has stated that as of Friday, April 3, it has not issued any waivers for "essential critical infrastructure" that cannot comply with environmental enforcement during the novel coronavirus pandemic. More information on what could be considered “critical infrastructure” during the pandemic is available here. Nossaman continues to follow developments regarding EPA’s ...

On March 12, 2020, Jeffrey Bossert Clark, the Assistant Attorney General in charge of the Environment & Natural Resources Division of the U.S. Department of Justice (“DOJ-ENRD”) issued a policy memorandum formally ending the use of Supplemental Environmental Projects (“SEPs”) in civil settlement agreements negotiated by DOJ-ENRD. SEPs are an enforcement mechanism that have been used by EPA and DOJ-ENRD to allow settling parties to agree to perform environmentally beneficial projects in exchange for lowered or even waived monetary penalties. Typically, SEPs are ...

The California State Water Resources Control Board (“State Water Board”) recently issued a draft Definition of Microplastics in Drinking Water and an accompanying staff report. The State Water Board will host a video/teleconference workshop on the draft definition on April 7, 2020 and written comments will be accepted until April 24, 2020. Here is the draft definition ...

World Water Day is an annual United Nations international observance day that highlights the importance of freshwater.  The U.N. chooses a theme for the day each year, and for 2020 the theme is “Water and Climate Change." The goal of World Water Day is to inspire people around the world to learn more about water-related issues and to take action to make a difference. In 2020, in response to the COVID-19 pandemic, there was an additional focus on hand washing and hygiene.  World Water Day is celebrated around the world through political, artistic, and educational events, as well as ...

Yesterday, the Environmental Protection Agency (EPA) released guidance on the coronavirus and the U.S. drinking and wastewater systems.  According to the EPA, “Based on current evidence, the risk to water supplies is low. Americans can continue to use and drink water from their tap as usual.”  The EPA also continues coordinating with federal partners ...

On February 6, 2020, the California State Water Resources Control Board lowered the response levels (RLs) for perflourooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most common compounds in the family of chemicals known as per- and poly-fluoroalkyl substances (PFAS). The new RLs are set at 10 parts per trillion (ppt) for PFOA and 40 ppt for PFOS, down from the previous RL of 70 ppt for the combined concentration of the two compounds.

This Board action follows the new regulatory requirements in California for PFAS that became effective on January 1, 2020 ...