State Court Backs Coho Protection Rules

John Driscoll The Times-Standard A Sacramento court has upheld decisions by the California Fish and Game Commission to list coho salmon in Northern California as protected under state law. Judge Gail Ohanesian in Sacramento Superior Court ruled late last week that the commission and the California Department of Fish and Game acted within the law … Continue reading “State Court Backs Coho Protection Rules”

Anderson’s Conflict of Interest on the Regional Water Board

Hi everyone: For many months I have been receiving information from Alan Levine about the serious conflict of interest issue with Regional Board appointees. The law clearly states that appointees should not receive more than 10% of their income from NPDES permit holders either directly or indirectly. About six appointees have lost their seats in … Continue reading “Anderson’s Conflict of Interest on the Regional Water Board”

Anderson’s Appointment to the Regional Water Board

This battle continues: In a message dated 6/23/2006 8:36:16 AM Pacific Standard Time, alevine@mcn.org writes: Below and Attached is a letter regarding the appointment of Bob Anderson to the Regional Board and related issues of conflict of interest arising out of Mr. Anderson’s employment – with Cc:’s Read the letter and think about how Mr. … Continue reading “Anderson’s Appointment to the Regional Water Board”

Clarification on Rapanos’ Supreme Court Decision

If you’ve not yet heard the Supreme Court decided Rapanos and Carabell, the opinion written by Scalia is one of the worst environmental decisions ever. It eliminates protection for 80% of all wetlands, most class 2 and all ephemeral streams. It reverses all the gains made over the past 20 years in protecting waters of … Continue reading “Clarification on Rapanos’ Supreme Court Decision”

Water Capacity Charges for New Development

Dear Council and Staff: First, I wish to congratulate you on your decision to address water supply for our new General Plan buildout through the use of dramatically increased water conservation and efficiency, and through the extensive use of recycled treated wastewater for irrigation to replace existing potable water demands. We greatly appreciate these efforts. … Continue reading “Water Capacity Charges for New Development”

High court splits over protecting wetlands

The Clean Water Act might not prevent building on them. By Warren Richey Staff writer of The Christian Science Monitor WASHINGTON – The federal government does not have the power to reach far upstream to protect every ditch and wetland in a watershed. In a ruling restricting federal authority to protect the environment, the US … Continue reading “High court splits over protecting wetlands”

Supreme Court Delivers a Muddy Decision on Clean Water Act Jurisdiction

June 20, 2006 FOR IMMEDIATE RELEASE Contact: Melinda Kassen, 303-579-5453 Steve Moyer, 703-284-9406 Supreme Court Delivers a Muddy Decision on Clean Water Act Jurisdiction Arlington, Va. – Yesterday the U.S. Supreme Court rendered a confusing decision that may expose thousands of miles of streams to harmful activities. The Court reversed a lower court ruling that … Continue reading “Supreme Court Delivers a Muddy Decision on Clean Water Act Jurisdiction”

Ruling Favors Rivers Over Power Dams

The Supreme Court says states may protect the waterways by requiring a steady flow at hydroelectric plants, which tend to harness it. By David G. Savage, Times Staff Writer May 16, 2006 WASHINGTON — The Supreme Court sided with the environment over electric power Monday, ruling that state regulators may require a steady flow of … Continue reading “Ruling Favors Rivers Over Power Dams”

Court Upholds Subterranean Flows is a Part of Gualala River

The Court denied NGWC contention that the State Water Board did not have authority over subterranean flows that are part of the Gualala River Flow regime. This is an important case as it asserts the Water Boards authority to assert justification to maintain minimum by-pass flows to protect Beneficial Uses of Water. Now the State … Continue reading “Court Upholds Subterranean Flows is a Part of Gualala River”

Use Permit Limiting Extraction of Groundwater Was Not a Taking

A conditional use permit limiting a landowner’s right to use groundwater underlying his property was not a compensable taking. Allegretti & Company v. Imperial County, Case No. D045156 (April 26, 2006). Imperial County issued a conditional use permit allowing Allegretti to re-drill an inactive well on a 2,400-acre parcel subject to the condition that total … Continue reading “Use Permit Limiting Extraction of Groundwater Was Not a Taking”