April 1st is an important milestone in California’s water year – marking the annual snowpack assessment and related drought determination. In the inaugural issue of Nossaman’s California Water Views – 2023 Outlook, our attorneys and policy advisors who are committed to the water sector identify the pivotal issues they’re watching now and for the year ahead.
Of particular interest to our readers, Brad Kuhn and Jillian Friess Leivas examine whether or not public agencies could face inverse condemnation liability for any flooding-related damages due to the recent storm events in California.
Other topics include:
- Funding California’s Water Future. As communities look for ways to build and upgrade essential water, wastewater and stormwater infrastructure, can available funding from state and federal sources bridge the gap and get critical projects flowing?
- The Federal Funding Spigot Remains Open. States and their public agencies are positioned to receive a shot in the arm in the form of billions of federal dollars targeting water infrastructure with a focus on improving supply reliability and water quality.
- Water Security Through Consolidation. Aging infrastructure, increasingly stringent water quality regulations and more frequent and extreme weather events are some of the reasons smaller water service providers are eyeing consolidation as one option to insure clean, safe water for their customers and communities.
- WOTUS, Then and Now. Though the definition of waters of the United States (WOTUS) is evolving, administration of and compliance with the federal Clean Water Act will likely pose new challenges for the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency and the regulated community.
- Controlling Contaminants, a Focus on PFAS. With the U.S. Environmental Protection Agency proposing National Primary Drinking Water Regulation for six per- and poly fluoroalkyl substances, many public water systems could require major treatment infrastructure investments and/or abandonment of some sources of water supply to comply.
- The Future of Desalination, Post-Poseidon. Desalination is a polarizing topic in California. Advocates see a new, drought-proof source of clean water to supplement traditional supply while opponents point to costs, environmental impacts, capacity and other limiting factors. In water-needy California, is desal the future?
- Adapting to Climate Change, Inland. Relocating inland to mitigate the effects of sea level rise may be unpopular; however, with limited options available to coastal municipalities and utilities, Morro Bay's new wastewater treatment plant may provide a blueprint for the future.
- Risk Spotlight: Focusing on Force Majeure. The unprecedented severity of inclement weather, including floods and drought-fueled wildfires, is becoming an expected business risk and is driving an evolution in the application of contractual force majeure clauses.
- Is Green Power the Future of Clean Water? An increasing number of water purification projects are not satisfied with simply providing additional water, but are also attempting to make the purification process more efficient and environmentally friendly with the utilization of and sale of biogas.
Download Nossaman’s California Water Views - 2023 Outlook to read more about these topics.
AssociateAlex Van Roekel provides counsel to clients on state and federal water law issues including water rights, groundwater management and public policy within the water sector. He also assists clients in proceedings in front of the ...
Senior Policy AdvisorAshley Walker is a Senior Policy Advisor providing federal and state legislative solutions and grant funding advocacy for a variety of clients with interests in sustainable communities, housing, water, and education issues. She ...
PartnerBen Rubin is chair of Nossaman’s Environment & Land Use Group. Ben assists developers, public agencies, landowners and corporate clients on a variety of complex land use and environmental matters. He counsels clients on matters ...
PartnerBrad Kuhn, Chair of Nossaman's Eminent Domain & Valuation Group, guides property owners, developers, businesses, utilities, and public agencies through complex real estate development and infrastructure projects – ...
PartnerEd Roggenkamp is a seasoned litigator focused on resolving complex environmental matters. Ed uses his skills as a former professional actor and teacher to help his clients win environmental cases, by explaining complex technical ...
PartnerFor more than a decade, Elizabeth Cousins has served as a key advisor on an array of important infrastructure projects delivered through public-private partnerships (P3s), progressive and fixed price design-build ...
PartnerJill Jaffe is co-chair of Nossaman’s Real Estate Group. As a litigator, Jill specializes in disputes involving real estate, public procurements and infrastructure projects. She is experienced in all phases of litigation in both ...
AssociateJillian Friess Leivas focuses her practice on eminent domain laws and regulations. She has experience with the right-of-way process, from precondemnation planning activities through to acquisition. She prepares and argues ...
AssociateKyle Hamilton represents clients in a wide variety of infrastructure transactions. His practice encompasses project financing, project and corporate acquisitions, and formation of partnerships and joint ventures. He has ...
AssociateLindsay Christenson represents public and private sector clients in real estate, business, and commercial litigation, practicing in both state and federal court. She also has experience in the healthcare field, representing ...
PartnerLiz Klebaner advises private and public agency clients on a variety of complex land use and environmental matters, including California Environmental Quality Act, National Environmental Policy Act, California Coastal Act ...
PartnerLori Anne Dolqueist’s practice focuses on water, energy, transportation and telecommunications regulatory matters before the California Public Utilities Commission (CPUC). She is experienced in representing clients in ...
PartnerMary Lynn Coffee has extensive experience providing legal and regulatory advice and counsel with respect to complying with and permitting under CEQA, NEPA and state and federal water quality, wetlands, endangered species and ...
PartnerRebecca Hays Barho focuses her practice on natural resource law, with particular emphasis on the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), the Migratory Bird Treaty Act (MBTA), the Clean Water Act ...
AssociateSamantha Murray assists clients on a full range of environmental law matters. Her practice spans litigation, regulatory law, due diligence and compliance; she regularly deals with legal issues arising under federal and state laws ...
PartnerWillis Hon focuses on serving water industry clients across California on a broad range of administrative and regulatory matters. He has extensive experience before the California Public Utilities Commission where he has ...
California Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major eminent domain conferences and seminars in the Western United States.
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