Category: Water Quality

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Third Circuit Makes Clear That Lead Agencies and Responsible Agencies Alike Must Make Findings Under CEQA

By Breana M. Inoshita, Christian L. Marsh and Christopher Marelich on Posted in Environmental Impact Report (EIR), Responsible Agencies, Water Quality
On May 11, 2022, the Third District Court of Appeal published its opinion in We Advocate Through Environmental Review v. City of Mount Shasta (2022) 78 Cal.App.5th 629, reversing the decision below and ordering the trial court to grant a petition for writ of mandate, specifying actions under CEQA that the City of Mt. Shasta … Continue Reading

Ninth Circuit Finds that Distribution of Drinking Water Containing MCL-Compliant Levels of Hexavalent Chromium Gives Rise to RCRA Liability in Decision that Upends Law of the Circuit

By Nicole E. Granquist and Meghan A. Quinn on Posted in Water Quality
The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to the transportation of a solid waste, which may present an “imminent and substantial endangerment” to health or the environment. (42 U.S.C. § … Continue Reading

California Supreme Court Grants Review of Third District’s Preemption Decision

By Megan V. Unger on Posted in Environmental Impact Report (EIR), Water Quality
On December 11, 2019, the California Supreme Court granted review of the Third District’s decision in County of Butte v. Department of Water Resources, dismissing a CEQA challenge to DWR’s relicensing application to the Federal Energy Regulatory Commission (FERC) for the Oroville Dam on the basis that the claim was preempted by federal law. The … Continue Reading

Judge Finds that Water Boards Have Authority to Regulate Discharges of Dredge and Fill Material as Waste Under Porter-Cologne Water Quality Control Act

By Nicole E. Granquist, Natalie C. Kirkish and Meghan A. Quinn on Posted in Water Quality
On February 18, 2021, the First Appellate District issued an opinion in Sweeney et al. v. California Regional Water Quality Control Bd., San Francisco Bay Region et al. (Case No. A153583) (“Sweeney”).  The opinion is much anticipated given its relevance to the continued validity of the State Water Resources Control Board’s recently adopted State Procedures … Continue Reading

Judge Suspends State Procedures as Applied to Majority of Waters of the State; Retains Application to Waters Subject to the Clean Water Act and All Ocean Waters Regardless of Jurisdiction

By Nicole E. Granquist and Meghan A. Quinn on Posted in Water Quality
On December 17, 2020, the Sacramento County Superior Court substantially limited the scope of waters to which the State Procedures for Discharges of Dredged and Fill Material (“Procedures”) apply through its decision in San Joaquin Tributaries Authority v. State Water Resources Control Board (Case No. 34-2019-80003133).  According to the Court, the State Water Resources Control … Continue Reading

First Appellate District Approves Responsible Agency’s Imposition of Mitigation Not Considered in the EIR

By Kathryn L. Oehlschlager, Patrick F. Veasy and Christopher I. Rendall-Jackson on Posted in Environmental Impact Report (EIR), Responsible Agencies, Water Quality
In an opinion filed on December 29, 2020, the First Appellate District in Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board upheld a Responsible Agency’s imposition of additional mitigation more than a year after it had issued an initial approval for the project.  Although the court was careful to … Continue Reading
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