Markham (Mark) A. Quehrn Of Counsel

On November 17, 2022, the Federal Energy Regulatory Commission issued an order approving the surrender of the FERC license for the Lower Klamath Project.

In July 2016, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable for salmon habitat.

Last week, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable for salmon habitat.

The Washington State Court of Appeals, Division III, ruled on June 14, 2016 that the Three Fingers Fill on Lake Chelan, placed in shoreline areas prior to December 4, 1969, was authorized by a “savings clause” contained in the Shoreline Management Act and therefore did not violate the Public Trust Doctrine or otherwise create a public nuisance.

The Arizona Supreme Court, in Arizona Department of Water Resources v. Hon Crane McClennen in and for the county of Maricopa, No. CV-15-0223-SA, reversed a ruling from Judge McClennen of the Superior Court of Maricopa County on November 12, 2015, vacating the Arizona Department of Water Recourses’ (ADWR) approval of Freeport Minerals Corporation’s (Freeport) application to sever water rights it owned which were appurtenant to Planet Ranch in Mohave County and to transfer such rights to other areas.

Please join our Real Estate & Environmental Teams in learning key development tips on 404, water, and protected species issues.  We look forward to seeing you there.

Please join our Real Estate & Environmental Teams in learning key development tips on 404, water, and protected species issues.