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 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 ...
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 16th 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 ...
During this 4th annual Water Professionals Appreciation Week, Nossaman would like to acknowledge all of California’s essential water sector professionals. Not just this week, but every week of the year, they work on the front lines to provide this essential resource to all of our communities and serve as stewards for the environment.
Water Professionals Appreciation Week was created in 2017 to highlight the important role of water industry professionals and local public water agencies in ensuring safe and reliable tap water, wastewater and recycled water for California. Now ...
Nossaman is a proud supporter of the American Water Works Association's Water For People Virtual Gala & Auction. The event will be held on Thursday, October 1, 2020 at 5:30 p.m. PT. Virtual doors open at 5:00 p.m. PT. In partnership with Pacific Auction Company, the Water for People California Committees are excited to hold their first Virtual Gala & Auction. You can RSVP for the event here.
The live auction will feature fabulous local getaways, specialty wine, and other great surprises! Attendance is free, though you must register to participate! Breakout afterparty rooms will follow the gala event. There is also a Silent Auction open from September 25 to October 1. Net proceeds of this event benefit Water For People’s mission in promoting the development of high-quality drinking water and sanitation services, accessible to all. Water for People is a 501(c)(3) organization. For additional information please visit waterforpeople.org
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 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 ...
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 ...
In response to the outbreak of COVID-19, we are closely monitoring guidance issued by local, state and federal authorities, as well as information distributed by the Centers for Disease Control and Prevention and the World Health Organization. We are dedicated to helping clients address business disruptions, anticipate potential challenges and mitigate risk associated with irregular operations. We are available to assist in a number of core areas that may impact public agencies and businesses in this rapidly changing environment. Please visit our COVID-19 Response Team page to read our ongoing coverage of these issues as they evolve ...
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 ...
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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