On April 17, 2025, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively the “Services”) published a notice in the Federal Register of a proposed rulemaking that would rescind the regulatory definition of “harm” under the Endangered Species Act (“ESA”). The ESA prohibits “take” of threatened and endangered species.
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California Water Commission Adopts Regulations For Changing Groundwater Basin Boundaries
By Wes Miliband on
On October 21, 2015, the California Water Commission (“CWC”) adopted emergency regulations formulated by the Department of Water Resources (“DWR”) that establish a process by which local agencies may seek groundwater basin boundary modifications. The proposed regulations are the first of their kind authorizing DWR to formally consider requests by local agencies to modify groundwater…
Supreme Court Rejects Logging Road Permit Requirement
By Jackie McClue on
On March 20, 2013, the Supreme Court ruled in Decker v. Northwest Environmental Defense Center 586 U.S. (2013) reversing a ruling from the U.S. Court of Appeals for the Ninth Circuit that would have required Clean Water Act permits (CWA) for stormwater running off logging roads. The decision turns largely on deference to EPA’s interpretation…