On October 18, 2016, the Department of Water Resources (DWR) released its final modifications to California’s groundwater basin boundaries in response to the emergency regulations adopted by DWR last October. The basin boundary changes were implemented under the Sustainable Groundwater Management Act (SGMA) to provide flexibility to local public agencies to bring their groundwater basins
Construction For The California High-Speed Rail Is Chugging Right Along
The California High-Speed Rail Authority (“CHSRA”) issued a press release with the status of its construction work for the high-speed rail project (the “Project”) at seven active sites in the Central Valley. Many of the Project’s segments in Madera and Fresno are beginning to see development; the foundation has been established in several sections, rebar
Updates to CEQA Guidelines for Transportation Impacts Analysis Under SB 743
On January 20, 2016, the Governor’s Office of Planning and Research (“OPR”) released a revised draft of thresholds for measuring transportation impacts under the California Environmental Quality Act (“CEQA”). These draft thresholds are designed to promote the reduction of greenhouse gas emissions (“GHG”) pursuant to its mandate under Senate Bill 743 (Steinberg, 2013). The initial draft was released for review in August 2014.
OPR’s revised draft is fundamentally similar to its initial draft. In particular, under both drafts, the focus of a project’s transportation impacts analysis under revised Guidelines would shift from analyzing the project’s potential to increase traffic delays to the project’s effects on GHG emissions by focusing on vehicle miles traveled (“VMT”). The CEQA Guidelines have always focused a project’s potential transportation impacts analysis on the project’s potential to increase traffic delays by analyzing the project’s level of service (“LOS”).
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California Surface Water Diverters Now Required To Report Annually To The State
Taking effect earlier this month, Senate Bill 88 was approved overwhelmingly last legislative session and signed by the Governor as another effort to combat drought and water supply shortage conditions in the State of California. Senate Bill 88 – among other things – authorized the State Water Resources Control Board (“State Water Board”) to adopt
High-Speed Rail Authority Issues Progress Report
The High-Speed Rail Authority (“HSRA”) issued a progress report for the High-Speed Rail Project (the “Project”) last week, describing the HSRA’s challenges and successes to date.
One of the highlights of the report was the HSRA’s January groundbreaking in Fresno for the first segment of the Project’s 520-mile route. The report also discusses the progress
High-Speed Rail Authority Under Fire for Disrupting San Joaquin Kit Fox Habitat
On January 26, the U.S. Fish and Wildlife Service (“USFWS”) issued a letter to the California High-Speed Rail Authority (the “Authority”) that found that the Authority’s contractors are not in compliance with the Authority’s original environmental commitments to the USFWS in performing the preliminary work on the first segment of the high-speed rail project (the
Big Developments for Oil and Gas Operators Utilizing Well Stimulation Treatments
Today saw two significant developments for oil and gas operators utilizing well stimulation treatments in California.
Pursuant to SB 4, the Department of Conservation’s Division of Oil, Gas and Geothermal Resources released a statewide programmatic Draft Environmental Impact Report (“EIR”) analyzing the potential environmental impacts associated with well stimulation treatments, including hydraulic fracturing (aka “fracking”).
Public Works Board Moving Forward with Condemnations as High Speed Rail Project Breaks Ground
As the High Speed Rail Authority (“Authority”) prepares to begin construction this week of the first segment of the High Speed Rail Project (the “Project”), the State Public Works Board is concurrently scrambling to consider resolutions of necessity to acquire property for the first segment within Fresno and Madera counties. Because of the recent litigation
New Water Reporting Requirements for Oil and Gas Operators
A new oil and gas reporting bill, Senate Bill 1281, sponsored by State Senator Fran Pavley, was signed by Governor Brown on September 25, 2014. The California Department of Conservation – Division of Oil, Gas and Geothermal Resources (“DOGGR”) issued a Notice to Operators containing important information on the new law’s reporting mandates on December 8, 2014.
Under Senate Bill 1281, Section 3226.3 was added to the Public Resources Code and requires the State Oil and Gas Supervisor to provide an annual inventory report of all unlined oil and gas field sumps to the State Water Resources Control Board and Regional Water Quality Control Boards.
Section 3227 of the Public Resources Code was also amended to require operators of wells to provide a monthly and quarterly statement disclosing the following information:
- The source and volume of water produced from each oil field
- The water used to generate or make up the composition of any injected fluid or gas
- The volume of untreated water suitable for domestic or irrigation purposes
- The treatment of water and use of treated or recycled water in activities, such as exploration, development, and production
- The disposition method of all water used in or generated by oil and gas field activities – including water produced from each well reported
- Also the identity of any temporary onsite storage of water and the ultimate specific use, disposal method or method of recycling, or reuse of the water
For each reporting requirement, if water is commingled, it must be assigned proportionately to each well.
DOGGR has provided an interim water reporting form on its website for use until February 2015, at which time a final version of the form will be made available.
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High Speed Rail Moves Forward Without CEQA Review
The Surface Transportation Board (“STB”) issued a declaratory order in a 2-1 vote last Friday, finding that the California Environmental Quality Act (“CEQA”) is categorically preempted by federal law, as it relates to the Fresno to Bakersfield segment of the California High-Speed Rail Project (“HSR Project”).
Section 10501(b) of Title 49 of the United States Code provides that remedies with respect to rail transportation are exclusive and preempt remedies provided under State or Federal law. The STB has previously ruled that states or localities are precluded from intruding into matters directly regulated by the STB, in particular when the state or local action would have the effect of foreclosing or unduly restricting the rail carrier’s ability to conduct its operations or otherwise unreasonably burden interstate commerce.
Under this section, the STB could not overlook the fact that CEQA, as a state pre-clearance requirement, could ultimately deny or significantly delay the High-Speed Rail Authority’s (the “Authority”) right to construct a railroad line. This would directly defy the STB’s exclusive jurisdiction over a project that it regulates. Even if it could be argued that the Authority created an implied agreement by voluntarily beginning the CEQA process, the STB concluded that any such agreement would unreasonably interfere with interstate commerce because it would prevent the Authority from exercising its authority to construct the rail line, which it had been previously authorized to do by the STB.
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High-Speed Rail Authority May Use Bond Funds – Supreme Court Rules
The California High-Speed Rail Authority (“CHSRA”) is gaining more steam in keeping the High-Speed Rail Project (the “Project”) on track. Today, the California Supreme Court issued a decision declining to review an appellate ruling against the CHSRA.
In July of this year, the Third District Court of Appeal overturned a lower court’s decision ruling that