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Perspective

Apr. 15, 2010

Inconsistent Rules Challenge State Water Regulation

Roderick Walston of Best Best & Krieger examines the incongruent rules governing states' rights to regulate different kinds of water projects.

By Roderick E. Walston

In a significant decision affecting California's right to regulate water, the California Court of Appeal recently held that federal law preempts California law as applied to regulation of hydroelectric power projects. The court, in its March 30 decision in Karuk Tribe v. California Regional Water Quality Control Board, 2010 Cal. App. LEXIS 427, followed U.S. Supreme Court precedents holding that state laws applicable to hydropower projec...

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