Professor Michael L. Marlow of Cal Poly San Luis Obispo recently published a preview of his paper on cancer rates and Proposition 65 entitled, “Too Much (Questionable) Information?” See Wall Street Journal, page A13, January 21, 2014. Proposition 65 is the popular name for the California Safe Drinking Water and Toxic Enforcement Act of 1986,… Continue Reading
Category Archives: Water Law
Subscribe to Water Law RSS FeedWetlands Update: California’s New Draft Policy for Permitting State Wetlands
Posted in Agricultural Law, Construction, Water Law, wetlandsThe State Water Resources Control Board has released a second version of what is called the “Preliminary Draft” of a policy to establish a state definition of “wetlands” The goal of the eventual regulation is to create a permitting system under which the nine Regional Water Boards would be required to process permits for Dredge… Continue Reading
Garland Court Holds that Discharge into ditch/swale that Drain to Waters of the United States Sufficient to Trigger Clean Water Violation
Posted in Environmental and Land Use, Water Law, Water QualityGarland v. Central Valley Regional Water Control Board, (3rd Dist. 12 C.D.O.S. 12051 filed Oct. 24, 2012) involves the question of whether the discharge of storm water with sediment from a residential construction site constitutes a violation under the federal Clean Water Act. The main issue was whether the adjacent ephemeral drainages encompassing swales, ditches, and culverts… Continue Reading
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