On Wednesday and Thursday this week, the California Senate and Assembly approved Assembly Bill 91 (“AB 91”) and Assembly Bill 92 (“AB 92”), both which are part of the Budget Act of 2015. The legislation allocates $1 billion for emergency response to the state’s ongoing drought. The drought is in its fourth year and Governor
Regulators Confirm: No Drinking Water Contamination from Oil & Gas Disposal Wells
On Tuesday, March 10, California Environmental Protection Agency Secretary Matthew Rodriquez and California Natural Resources Agency (“CNRA”) Secretary John Laird testified before a joint State Senate committee hearing. At the hearing before the Natural Resources & Water Committee and the Environmental Quality Committee, Rodriguez and Laird confirmed that there has been no drinking water contamination due to oil and gas disposal well injection. This finding is reiterated in a memo from the California EPA: “To date, preliminary water sampling of select, high-risk groundwater supply wells has not detected any contamination from oil production wastewater.” (Memo from Cal. EPA, at p. 1 (Mar. 2, 2015).)
DOGGR and USEPA Correspondence
On Monday, March 9, the U.S. Environmental Protection Agency (“USEPA”) sent a letter to California’s Division of Oil, Gas and Geothermal Resources (“DOGGR”) approving DOGGR’s plan to regulate Class II underground injection control (“UIC”) wells. The USEPA’s letter responds to DOGGR’s letter to the USEPA which presented California’s plan to revamp its regulatory scheme for Class II UIC wells in order to come into compliance with the federal Safe Drinking Water Act (“SDWA”). The USEPA stated that they are “pleased that you [California] have initiated action to implement the plan.” (USEPA Letter to DOGGR, at p. 1 (Mar. 9, 2015).)Continue Reading Regulators Confirm: No Drinking Water Contamination from Oil & Gas Disposal Wells
California’s New Industrial Storm Water Permit: Countdown to Compliance
As previously reported by my colleagues Ryan Waterman and Parissa Ebrahimzadeh, on April 1, 2014, the State Water Resources Control Board unanimously adopted a new Industrial Storm Water permit (2014 Permit). You can find the new Industrial Storm Water permit and supporting documents here, along with a change sheet also adopted by the State
Governor Brown Outlines Budget Priorities for CalEPA and Natural Resources Agency
Governor Brown released a summary of his proposed 2014-2015 budget this week, including details on proposed environmental protection and natural resources spending. The Governor’s budget provides $3.6 billion in funding for the California Environmental Protection Agency, including $3.1 billion in State funds and $54 million from the General Fund. Proposed funding of CalEPA programs include:
- $850 million
State Water Resources Control Board Issues Final Draft of the Industrial General Storm Water NPDES Permit
Today, the State Water Resources Control Board released the final draft of the Statewide General National Pollutant Discharge Elimination System (“NPDES”) Permit for the Discharge of Storm Water Associated with Industrial Activities (“Industrial General Permit” or “Permit”). The long-awaited third revised draft of the Industrial General Permit comes after two previous iterations of the draft
South Coast AQMD and Los Angeles Consider Fracking Restrictions
In Los Angeles this Wednesday, three City Council members introduced a resolution urging the Governor and California regulators to impose a moratorium on fracking until the state determines that the practice does not endanger public health, the water supply or the environment. The concern arises in part because California, unlike some other oil-producing states, does
California Oil Producers Agree to Share Fracking Information
Several members of the Western States Petroleum Association have agreed to share information about their fracking operations in response to the California Department of Conservation’s request for operators to report to a disclosure registry, FracFrocus (see May 8, 2012 post). Many, including Occidental Petroleum Corp. and XTO Energy/ExxonMobil, have already posted to the website
California’s Plan to Restore Delta Will Impact Delta Landowners
Is it too soon to know if Sacramento-San Joaquin Delta landowners will align? Check out today’s Sacramento Business Journal for Melanie Turner’s most recent article regarding California’s plan to restore the Delta, including comments from my partner, Kristen Castaños:
. . . it’s too soon to know whether Delta landowners will be aligned. One person’s
Water Right Holders Still Must Pay Water Fees
Water Right Holders Still Must Pay SWRCB Water Fees Until Trial Court Determines if Fees are Reasonably Apportioned.
On January 31, 2011, the California Supreme Court decided California Farm Bureau Federation v. State Water Resources Control Board, 51 Cal. 4th 421 (2011), (PDF) in which a collective of California water right holders
Central Valley Long Term Irrigated Lands Program
The California Regional Water Quality Control Board, Central Valley Region (Board) has recently released its long anticipated Long Term Irrigated Lands Program. The Board at its April 2010 meeting will consider the framework of the Program, a Programmatic EIR and a continuation of the current general order for another 3 years.
The proposed framework is