On September 27, 2024, Governor Gavin Newsom signed California Assembly Bill 1889, the “Room to Roam Act.” The Act amends Section 65302 of the Government Code to add certain fish, wildlife, and habitat connectivity considerations to the provisions governing general plans for land use in Californian cities and counties. In light of the Act’s
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Federal Court Issues Preliminary Injunction Based on Plaintiffs’ Challenges to the USDOT’s DBE Program
Federal Court Issues Preliminary Injunction Based on Plaintiffs’ Challenges to the USDOT’s DBE ProgramOn September 23, 2024, the United States District Court for the Eastern District of Kentucky issued an Opinion and Order in Mid-America Milling Co., LLC, et al., v. U.S. Department of Transportation, et. al., No. 3:23-CV-00072-GFVT, 2024 WL 4267183 (E.D. Ky. Sept.…
U.S. Fish and Wildlife Service Proposes Listing, Designating Critical Habitat for Kentucky Creekshell
U.S. Fish and Wildlife Service Proposes Listing, Designating Critical Habitat for Kentucky CreekshellOn September 17, 2024, the U.S. Fish and Wildlife Service (Service) proposed listing the Kentucky creekshell (Villosa ortmanni) as an endangered species under the Endangered Species Act (ESA) and designating critical habitat for the species (Proposed Rule). The freshwater mussel is found in…
New California Legislation on Water Issues
The 2024 legislative session ended on August 31, meaning the legislature passed all bills for this year. All of the bills are currently with Governor Newsom. He has until September 30 to sign or veto any bills. Any bills not signed by September 30 will be vetoed through a ‘pocket veto.’This session was a busy…
EPA Announces $7.5 Billion in Available Loans for Water Infrastructure Projects
On September 6, 2024, EPA announced $7.5 billion in available loan funding through the Water Infrastructure Finance and Innovation Act (WIFIA). From that total, $6.5 billion is available through WIFIA loans and $1 billion is available through the State Water Infrastructure Financing Authority (SWIFIA).Background
WIFIA was established in 2014 and SWIFIA was authorized in 2018.…
Federal Court Orders Re-do of Golden-Cheeked Warbler Petition Review
On September 5, 2024, the U.S. District Court for the Western District of Texas held in General Land Office v. U.S. Department of the Interior, that the U.S. Fish and Wildlife Service (Service) improperly denied a petition to delist the federally-endangered golden-cheeked warbler (Setophaga chrysoparia) (GCWA) by holding the petition to an unlawfully heightened standard…
Groups Seek Permitting Requirement for Bird Deaths at Commercial Buildings
On September 4, 2024, the Center for Biological Diversity, along with more than 20 other groups, (collectively, CBD) delivered a petition (Petition) to the U.S. Fish and Wildlife Service (Service) in which CBD requested the Service promulgate regulations establishing a process, set of criteria, and other requirements for permitting “take” of migratory birds as a…
Development Conditions Requiring Off-Site Property Acquisitions Not Subject to Takings Law?
Development Conditions Requiring Off-Site Property Acquisitions Not Subject to Takings Law?We’ve reported in the past that public agencies are more frequently demanding certain off-site public improvements to accommodate proposed private developments as a condition of entitlement approval. These can range from street widenings to accommodate additional traffic, pump stations for additional water capacity, or flood…
California Direct Potable Reuse Regulations Approved
On August 6, 2024, the Office of Administrative Law (OAL) approved the direct potable reuse (DPR) regulations that were previously adopted by the State Water Resources Control Board (State Water Board) on December 19, 2023. The approved regulations – which go into effect on October 1, 2024 – will allow public water systems and other…
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