California Water Views

Deadlines are upcoming related to the multi-district per- and polyfluoroalkyl substances (PFAS) litigation. The relevant settlements are with DuPont, Chemours, and Corteva (collectively, DuPont) and 3M, parties who allegedly manufactured various PFAS chemicals. The currently-pending settlements cover $1.185 billion for DuPont and $10.5-$12.5 billion for 3M.

The litigation is focused on alleged contamination of drinking water caused by DuPont’s and 3M’s alleged manufacture of PFAS chemicals. PFAS are a family of manmade chemicals that are used due to beneficial ...

Despite efforts to stem increasing cyber threats to water systems around the nation, on October 13, 2023, the United States Environmental Protection Agency (EPA) withdrew cybersecurity mandates put in place by the Biden administration after the 8th U.S. Circuit Court of Appeals July decision to place the mandates on hold while court actions continued.

In an attempt to harden clean water and wastewater treatment facilities from cyberattacks, the administration issued an interpretive memorandum in March 2023, that mandated adding cybersecurity assessments as a regular part of ...

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. … 

A key priority of the Newsom administration – the Delta Conveyance Project – has officially entered its next chapter. On July 22, the Department of Water Resources (DWR) released its draft environmental impact report (Draft EIR) for the Delta Conveyance Project.

The Delta Conveyance Project is DWR’s and Governor Newsom’s plan to build an underground tunnel to bring water from the Sacramento-San Joaquin Delta to the State Water Project pumps near Tracy in order to reduce the risk from earthquakes and climate change to the State’s water supplies. It is intended to protect ...

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 ...

On May 12, 2022, at the conclusion of a 10-hour hearing, the California Coastal Commission voted to deny Poseidon Water’s application to site and operate a desalination plant in Huntington Beach, in what could be a fatal blow for a project that has been debated for more than 20 years.

The Coastal Commission’s vote was unanimous, 11-0, in agreeing with the staff report’s recommendation to reject Poseidon Water’s application. The staff report recommended denial “due to this project’s fundamental inconsistencies with Coastal Act and LCP policies related to coastal ...

Join us on March 29, 2022, when we will participate in the 2022 Annual AGWT-AGWA California Groundwater Issues Conference in Lakewood, CA, hosted by American Ground Water Trust and Association of Ground Water Agencies.

We will be providing a presentation entitled “The New Endangered Species ‘Protection’ Requirements for Steelhead Trout Will Impact Water Managers’ Options and Groundwater Sustainability Plans.” During this session, we will discuss how the new California endangered species listing will affect operations from Santa Maria, in the central ...

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 ...

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 ...

Recently, Lyn Clancy, Managing Associate General Counsel and Senior Policy Advisor for the Lower Colorado River Authority, and I presented on the topic of Endangered Species and Water Supply at the State Bar of Texas’ Changing Face of Water Law Conference in San Antonio. Issues of water supply and delivery continue to be a hot topic nationwide, including in Texas, and supply and delivery projects often intersect with the need to address species of plants and wildlife listed under the federal Endangered Species Act (ESA).

The presentation included several primary takeaways ...

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 ...