Water Quality and Supply

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Environmental Protectioin Agency EPA Washington DC

The proposal could accelerate the permitting process for projects in the state, including carbon capture and storage (CCS) projects.

By Joshua T. Bledsoe, Nikki Buffa, Jennifer K. Roy, and Samantha Yeager

The US Environmental Protection Agency (EPA) has proposed a significant regulatory change that could expedite permitting for Underground Injection Control (UIC) wells in Arizona. A proposed rule published on May 19, 2025, would grant the Arizona Department of Environmental Quality (ADEQ) primary enforcement authority, or “primacy,”…

California Aqueduct

Stakeholders should stay informed as state and federal officials advance plans and policies for water conservation, water quality, and climate resilience in California.

By Mike Romey, Lucas Quass, Nolan Fargo, Cody Kermanian, and Samantha Yeager

Following consecutive years of heavy rainfall, California experienced record heat and dry conditions during the summer of 2024, which led parts of the state back into drought. Despite late 2024 storms in Northern California, January 2025 saw statewide precipitation fall below…

USA, California, Golden Gate Bridge in the evening

The landmark decision alters the NPDES permit landscape, shifting the focus to specific actions over general outcomes.

By Michael G. Romey, Benjamin D. Gibson, Lucas I. Quass, Phil Goldberg, and Cody M. Kermanian

On March 4, 2025, the US Supreme Court issued its decision in City and County of San Francisco v. Environmental Protection Agency, 145 S.Ct. 704 (2025), which held that while the Clean Water Act (CWA) authorizes the inclusion of narrative (non-numeric) criteria…

California Aqueduct

State and federal officials move forward plans and policies for water conservation, conveyance, and climate resilience.

By Michael G. Romey, Lucas I. Quass, John Detrich, Cody M. Kermanian, and Julie Miles

The winter of 2022-23 brought historic levels of precipitation to California after years of deep drought, dwindling reservoirs, and groundwater depletion. In the first quarter of 2023, most of the state received rainfall exceeding historic averages, with some areas experiencing 200%, or even 300% of average levels. According to the US Drought Monitor, the state is currently drought-free, although some regions are still considered abnormally dry. Despite heavy precipitation over the past year, California’s drought resilience remains in question, as critical infrastructure projects face staunch opposition and climate change increases the likelihood of extreme and prolonged droughts. Regulators and water managers had a busy 2023 as they grappled with persistently low groundwater levels, planned for additional water storage and conveyance, and continued to advance water conservation initiatives.

This blog post summarizes key actions taken by state and federal officials in 2023 with respect to California’s water supply and provides an outlook for 2024.

The Court’s decision has prompted the US Army Corps of Engineers to freeze jurisdictional determinations for permitted activities pending additional guidance.

By Michael G. Romey, Lucas Quass, and Peter R. Viola

On May 25, 2023, by a narrow 5-4 majority, the US Supreme Court ruled in Sackett v. EPA that the Clean Water Act (CWA) only extends to wetlands that have a “continuous surface connection” with “waters of the United States” (WOTUS) — the term in the CWA’s definition of “navigable waters” that determines the jurisdiction of the US Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) (together, the Agencies) over projects and other activities requiring permits to dredge, fill, or discharge into federally protected waters.[1]

The record-low health advisories form part of the EPA’s 2021 PFAS Strategic Roadmap, which forecasts further regulatory action at both state and federal levels.

By Julia Hatcher, Kegan A. Brown, Thomas C. Pearce, Taylor West, Andy Landolfi, and Phil Sandick

On June 15, 2022, the United States Environmental Protection Agency (EPA) issued interim, updated drinking water health advisories (HA) for two of the most common per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).[1] EPA also issued two final HAs for perfluorobutane sulfonic acid and its potassium salt (PFBS) and hexafluoropropylene oxide and its ammonium salt (GenX).[2]

Limited water supply, restrictions on use, and higher costs may be in store for next year if the state’s drought conditions persist.

By Michael G. Romey, Cody M. Kermanian, and Lucas I. Quass

This year has been critically dry and hot for California, resulting in déjà vu as the federal and state governments reinstituted drought conservation measures not seen since former California Governor Jerry Brown declared an end to the last drought in 2017. This blog post summarizes the key federal and state actions that have been taken to address California’s drought over the past year, along with potential implications for 2022.

The decision could complicate states’ ability to pursue groundwater natural resource damages actions.

By Kegan A. Brown, Gary P. Gengel, Thomas C. Pearce, and Taylor R. West

On November 22, 2021, the US Supreme Court held that equitable apportionment applies to a dispute between states about their respective interests in groundwater that flows through multiple states in Mississippi v. Tennessee.[1] The decision may have implications for natural resource damages (NRD) claims. Natural resource trustees often assert claims to pursue damages to groundwater. In assessing these claims, courts often must determine (1) whether the trustee has a trusteeship interest in the groundwater resource at issue, and (2) if so, the extent of the trustee’s interest in that groundwater resource relative to the interests of other trustees in the same groundwater.

Project applicants and agencies alike should think carefully about developing robust analyses that demonstrate the adequacy of water supply.

By Marc T. Campopiano, Diego Enrique Flores, and Lucas I. Quass

Mark Twain is often credited with saying, “Whiskey is for drinking; water is for fighting over.” This remains true in California, where drought conditions, climate change, and population growth throughout the state’s history have made water an increasingly valuable and regulated resource. The legal landscape involves complex questions related to water quality, water sustainability, and competing claims to water rights. One notable area of controversy involves the adequacy of water supply for new development projects.

Two decades ago, in 2001, the state legislature enacted Senate Bill (SB) 610 and SB 221 to promote sustainable long-term water planning. Collectively, SB 610 and SB 221 require public agencies to determine whether adequate water supply exists for certain large development projects as part of the environmental review process under the California Environmental Quality Act (CEQA) by, in part, requesting water supply assessments (WSAs) from water service providers.