appeals

WOTUS Rule Litigation Update

In 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued a joint administrative rule, the “WOTUS Rule,” attempting to define the statutory term “waters of the United States” within the Clean Water Act (“CWA”) in order to more clearly define the agencies’ jurisdiction. Schroeder Law Offices summarized the background and […]

WOTUS Rule Litigation Update Read More »

Ninth Circuit – Klamath Straits Drain and Clean Water Act

NINTH CIRCUIT UPHOLDS RULING — NPDES PERMITS ARE NOT REQUIRED FOR TRANSFERS OF WATER IN THE KLAMATH BASIN ONRC Action v. United States Bureau of Reclamation (9th Cir. Or. Aug. 21, 2015) cdn.ca9.uscourts.gov/datastore/opinions/2015/08/21/12-35831.pdf The Ninth Circuit Court of Appeals was recently presented with the issue of whether the Bureau of Reclamation violated the Clean Water

Ninth Circuit – Klamath Straits Drain and Clean Water Act Read More »

Representative Cases

A summary of typical cases involving Schroeder Law Offices, P.C. United States Court of Appeals, Ninth Circuit. UNITED STATES of America , Plaintiff and Pyramid Lake Paiute Tribe of Indians, Appellant, v. ALPINE LAND & RESERVOIR COMPANY, a corporation, Defendant, and Nevada State Engineer; Rambling River Ranches, Inc., Appellees; United States of America , Plaintiff-Appellee,

Representative Cases Read More »

Fish Persistence in Municipal Water Permit Extensions

On December 31, 2014, the Oregon Court of Appeals decided WaterWatch of Oregon Inc., v. Water Resources Department, 268 Or. App. 187 (2014). The Court of Appeals reviewed three final orders for extensions of time for municipal water permits in the Clackamas River. After contested case hearings, the Water Resources department granted the extensions, subject to fish persistence

Fish Persistence in Municipal Water Permit Extensions Read More »

Oregon Court of Appeals Decides Cottage Grove Case

On December 11, 2013, the Oregon Court of Appeals issued a ruling interpreting the amended ORS 537.230(2) conditions. ORS 537.230(2) prescribes conditions for the Oregon Water Resources Department (“the Department”) to grant municipal permit extensions to complete construction and apply water to beneficial use in order to perfect water use rights. In this case, the

Oregon Court of Appeals Decides Cottage Grove Case Read More »

Nevada Water Right Transfer Litigation Finally Ends

Federal Judge Robert C. Jones called Schroeder Law Offices attorney Laura Schroeder and others to court today to end 29 years of litigation related to over 200 transfer applications filed by various farmers in the Newlands Project, Nevada.  These transfers were tied up for years by the Pyramid Lake Indian Tribe appeals to Nevada State

Nevada Water Right Transfer Litigation Finally Ends Read More »

Water Districts Successfully Appeal Takings Case Against BOR

Today- September 30, 2009, the Federal Circuit Court of Appeals issued a major decision in favor of Stockton East Water District and the Central San Joaquin Water Conservation District determining that the US Bureau of Reclamation and the Districts have binding contracts for specified quantities of water to which Reclamation is obligated to provide. The underlying trial court, the Court of

Water Districts Successfully Appeal Takings Case Against BOR Read More »

image_pdfimage_print
Scroll to Top