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 Welcome to Argentco.com - your authoritative source for environmental, land use and water law, regulation and policy. Our publications are written and analyzed by top practitioners in their fields, and are designed to provide thorough and timely information that is distilled for quick understanding.Use this site to identify key actions in your area of practice or interest. You can search or browse the Argentco.com Archives by Court, Location or Subject. Paid subscribers have access to full-text articles from the Argentco.com Archive. And both visitors and paid subscribers can register for our free E-mail Alert service which can be customized to cover specific subjects of interest.
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The Latest from Argentco.com
June 2013
The Federal Circuit's Decision in Casitas: Does the Takings Clause Apply to Water Rights?
In a highly anticipated decision involving the government's authority to regulate water rights, the Federal Circuit Court of Appeals recently held that the federal government was not required to pay compensation under the Takings Clause of the Constitution for restricting a water district's water rights in order to provide more water for the benefit of an endangered species. Casitas Municipal Water District v. U.S., 708 F.3d 1340 (Fed. Cir. Feb. 27, 2013)....
June 2013
Arizona Department of Water Resources Is Developing Its Fourth Management Plan
The Arizona Department of Water Resources (ADWR) is in the process of developing the Fourth Management Plan (4MP) to achieve the Safe Yield goals established under the 1980 Groundwater Code for each of the four Active Management Areas (AMAs)....
June 2013
U.S. Supreme Court Holds that Stormwater Discharges from Logging Roads Fall Outside Permit Requirements
Continuing a recent trend of reversing Ninth Circuit environmental decisions, the Supreme Court held in Decker v. Northwest Environmental Defense Center (NEDC), that stormwater discharges from logging roads are not "associated with industrial activity" and do not require permits under the Clean Water Act's (CWA) National Pollutant Discharge Elimination System (NPDES) program....
June 2013
Sensible Flood Risk Management for California's Central Valley to Address Existing Risk and Climate Change Uncertainties: A Partnership of Federal, State, and Local Efforts
California's Central Valley has a long history of flooding and has relied on structural and nonstructural projects and initiatives to reduce the risk of loss of life and damage....
June 2013
California Department of Fish and Wildlife Appeals Adverse Ruling in Fish and Game Code Section 1602 Litigation
The California Attorney General's Office has filed a Notice of Appeal on behalf of the Department of Fish and Wildlife (DFW) in Siskiyou County Farm Bureau v. Department of Fish and Wildlife, Siskiyou County Superior Court Case No. CV 11-00418 (appeal filed May 3, 2013)....
June 2013
California Fish and Game Commission Adopts Salmon Regulations for 2013
The California Fish and Game Commission (Commission) has adopted new regulations allowing "long seasons" and "liberal bag limits" for fall-run chinook salmon in 2013....
June 2013
Recent Investigations, Settlements, Penalties and Sanctions
Editor's Note: Complaints and indictments discussed below are merely allegations unless or until they are proven in a court of law of competent jurisdiction....
June 2013
Fourth Circuit Holds that CERCLA Apportionment Cannot Result in a Zero Share of Liability
The Fourth Circuit Court of Appeals affirmed the decision of the U.S. District Court, essentially finding that: (1) defendant PCS Nitrogen (PCS) is the successor-in-interest to the liabilities of "Old CNS," a former site owner and operator; (2) third-party defendant potentially responsible parties (PRPs) did not meet their burden of showing that the site was reasonably capable of apportionment under the Burlington Northern decision; and (3) the District Court appropriately applied equitable factors to allocate liability at the site among several PRPs....
June 2013
U.S. Fish and Wildlife Service Issues Eagle Conservation Guidance for Wind Energy Projects
The U.S. Fish and Wildlife Service (FWS) published its final Eagle Conservation Plan Guidance (ECP Guidance) on April 26, 2013....
June 2013
Ninth Circuit Rules that the Department of the Interior's Delay in Providing Drainage Is Not Actionable
The Ninth Circuit Court of Appeals has affirmed the ruling of the U.S. District Court for summary judgment in favor of the U.S. Department of the Interior (Interior) regarding Interior's failure to provide drainage both within and outside the San Luis Unit of Central Valley Project....
June 2013
Fifth District Rules Holders of Pre-1914 Rights to Kern River Failed to Demonstrate They Are Beneficially Interested Parties to Challenge Administrative Order
In an umpublished opinion of the Fifth District Court of Appeal, the court ruled that holders of pre-1914 rights to water from the Kern River failed to prove they are sufficiently beneficially interested to challenge an administrative order of the State Water Resources Control Board (SWRCB)....
June 2013
To Frack or Not to Frack: That Is the Question in California--District Court Strikes Down BLM Approved Oil and Gas Leases
Amid the Brown Administration's struggles to develop regulations governing hydraulic fracturing (fracking) in California, the controversial technique for extracting oil and natural gas from underground shale formations has been the target of multiple attacks in the courts and the legislature....
June 2013
United States and China Release Joint Statement on Climate Change
The United States and China recently released a joint statement on climate change highlighting the need for more focused and urgent initiatives to address increasing global dangers....
June 2013
Recent Investigations, Settlements, Penalties, and Sanctions
Editor's Note: Complaints and indictments discussed below are merely allegations unless or until they are proven in a court of law of competent jurisdiction....
June 2013
Recent Investigations, Settlements, Penalties and Sanctions
Editor's Note: Complaints and indictments discussed below are merely allegations unless or until they are proven in a court of law of competent jurisdiction....
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