The intricacies of the Waters of the U.S. (WOTUS) definition continue to evolve, especially with recent changes initiated under the Trump administration and landmark clarifications from the Supreme Court's Sackett v. EPA decision.
In Nossaman’s California Water Views – 2025 Outlook, we dive into the latest developments, providing an overview of significant regulatory changes underway to the Clean Water Act (CWA) Section 404 permitting processes. We discuss various Executive Orders that are expected to have implications for the implementation of the CWA, insights into ...
Earlier this year, Governor Newsom issued Executive Order (EO) N-16-25. That order is designed to facilitate the diversion and storage of flood flows and aligns with the Governor’s broader water supply strategy, which is focused on attacking the misalignment between water supply and demand while also factoring in the impacts of climate change. But the questions remain: will it be effective and will there be any unintended consequences?
The Executive Order
One key aspect of EO N-16-25 is that it waives a part of Water Code section 1242.1 that required a regional or local agency to ...
On January 24, 2025, President Trump issued Executive Order 14181 (EO 14181), entitled “Emergency Measures to Provide Water Resources in California and Improve Disaster Response in Certain Areas.” While alluding to assisting Americans in disaster areas generally, EO 14181 largely focuses on significantly changing water management policies in California.
Key Provisions of EO 14181 and the Impact on Water
The first three sections of the executive order are the ones primarily focused on California water.
- Section 1, entitled “Policy,” notes that “it is the policy of the ...
Unbelievably, it was March 17, 2020 when Governor Gavin Newsom issued Executive Order N-29-20 (amending Executive Order N-25-20 in part) as part of a series of emergency measures in response to the COVID-19 pandemic. EO N-29-20 allows local or state legislative bodies to hold meetings via teleconference and to make meetings accessible electronically without violating the open meeting laws found in the Bagley-Keene Act or the Brown Act. This order waived certain provisions of the Brown Act, including requirements that meetings be conducted in physical locations; that a majority ...
If you were unable to attend our recent webinar “Flood or Drought? A Discussion of the Election’s Potential Legislative Impacts on the Water Sector”, please check out the recording of the on-demand webinar, which can be accessed here. Additionally, we invite you to download the presentation slide deck here.
Several key take-aways from the presentation included:
- Consensus among the water industry, and a proactive approach, will help advance legislative goals under tight timeline pressures.
- The State Resources Water Control Board is currently gathering information about ...
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) ...
On March 23, 2020, Governor Newsom signed Executive Order N-54-20, suspending for 60 days public agency and project proponent procedures for posting notices of key CEQA compliance actions. The Executive Order also relaxes statutory tribal consultation requirements.
The Executive Order is effective immediately and applies to ...
On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (amending Executive Order N-25-20 in part), which allows local or state legislative bodies to hold meetings via teleconference and to make meetings accessible electronically without violating the open meeting laws found in the Bagley-Keene Act or the Brown Act.
The new Order states ...
Today, in light of public health concerns due to COVID-19, Governor Newsom issued an Executive Order suspending certain Brown Act rules. Among other items, the Order allows local and state legislative bodies to hold public meetings via teleconference and to make meetings accessible electronically.
The Order provides: “All requirements in both the Bagley-Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in a quorum for a public meeting are hereby ...
California Water Views provides timely and insightful updates on the water sector in the state. We relay information on how water legislation and policy from the nation’s capital, Sacramento, and around the U.S. affect California’s water utilities, agencies, practitioners, and consumers. We also write about important events, conferences, legal cases, and other key happenings involving all things water in and around California.
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