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West Palm Beach, United States

Jennison J.,West Palm Beach office of Lewis
Journal - American Water Works Association | Year: 2012

A Ninth Circuit Court of Appeals case, Natural Resources Defense Council Inc. v. County of Los Angeles, is being considered by the US Supreme Court for review. The case presents issues of nationwide significance for all operators of municipal separate storm sewer systems (MSS). Los Angeles County, the Los Angeles County Flood Control District (LACFCD), and LACFCD's 84 municipalities were issued a National Pollutant Discharge Elimination System (NPDES) permit in accordance with the CWA to cover stormwater discharges into the various MS4s. In the lower court case, the NRDC and the Santa Monica Baykeepers brought suit challenging Los Angeles County and the LACFCD, alleging NPDES violations. Los Angeles County and LACFCD contend that review of the case by the Supreme Court is warranted because of the Ninth Circuit's holding that the petitioner may be liable for discharges resulting from waters of the Los Angeles and San Gabriel rivers passing through its channels.

Walker S.A.,West Palm Beach office of Lewis | Baker K.-A.C.,West Palm Beach office of Lewis
Journal - American Water Works Association | Year: 2012

Significant efforts are being made by federal agencies in the US to address water issues of native Americans. There are various ways in which water rights of tribes are adjudicated in the country. These include formal tribal water settlements ratified by the Congress, other agreements, judicially declared water rights, and the Winters Doctrine. There are 28 known tribal water settlements that have been approved by the Congress, which establish the quantity and quality of a tribal water entitlement. Several tribes have obtained adjudicated water rights through the Winters Doctrine, which provides that when an Indian reservation is established either by treaty, statute, or executive order, it is assumed that water is reserved in an amount necessary to support that reservation.

Baker K.-A.C.,West Palm Beach office of Lewis | Behn S.C.,West Palm Beach office of Lewis
Journal - American Water Works Association | Year: 2013

The US Government Accounting Office (GAO) has released six reports regarding the water-energy nexus. The GAO first began to examine this issue in 2009 with the release of its report Energy-Water Nexus: Improvements in Federal Water Use Data Would Increase Understanding of Trends in Power Plant Water Use. The report found that as of 2007 approximately three fourths of the electricity generated in the United States was from thermoelectric power plants. Immediately the GAO released Energy-Water Nexus: Many Uncertainties Remain about National and Regional Effects of Increased Biofuel Production on Water Resources. The report reiterated the need for greater understanding of water use, aquifer recharge rates, and how biofuel production is increasing the demands. The third GAO report in 2010 on this issue was Energy-Water Nexus: A Better and Coordinated Understanding of Water Resources Could Help Mitigate the Impacts of Potential Oil Shale Development. The GAO notes that the greatest energy inputs occur when water must be transported over any great distance or across significant terrain.

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