Worldwide: Water

Industry stakeholders should anticipate multiple data center-related bills addressing water, power, local regulatory authority and tax incentives, with increased scrutiny of development practices and community engagement.

The U.S. Environmental Protection Agency (EPA) recently published its proposed 2027 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) for public comment. The proposal would replace the current 2022 CGP, which will expire in February 2027, and includes targeted changes addressing (1) the Supreme Court’s decision in City and County of San Francisco v. EPA, (2) submission of Stormwater Pollution Prevention Plans (SWPPPs) when seeking coverage, (3) sediment basin stabilization measures, and (4) purported streamlining of certain permit requirements.

California environmental regulators are advancing significant changes to pollution monitoring and enforcement across multiple sectors. From the EPA's proposed elimination...

California environmental regulators advance new pollution controls while federal agencies shift course on power plant emissions and pipeline approvals. Major infrastructure projects including dam retrofits...

California faces mounting water challenges as Lake Mead and Lake Powell reach historic lows, prompting innovative solutions like interstate water sharing and desalination programs. Meanwhile, state lawmakers debate how to balance the water demands of AI-driven data centers with conservation needs, and regulators advance major infrastructure projects including the controversial Delta Conveyance Tunnel and Sites Reservoir amid environmental concerns.

The Water Resources Development Act (WRDA) of 2026 has advanced in both the House and Senate with unanimous committee approval, authorizing new Corps of Engineers projects and policy reforms. While both chambers emphasize project delivery improvements and infrastructure resilience, they differ significantly in scope—the House proposes 131 feasibility studies and 10 construction projects, while the Senate includes 61 studies, 15 construction projects, and billions in EPA drinking water and wastewater i

For decades, California water suppliers operated under a shield from inverse condemnation claims associated with delivery of water to their customers. Courts had rejected homeowners’ claims associated with pipe corrosion or pinhole leaks...

With the passage of Proposition 4 (Prop 4) in November 2024, California voters authorized a historic $10 billion climate bond, dedicating $3.8 billion explicitly to safe drinking water, drought preparedness and flood resilience.

In California, if certain statutory requirements are met, public entities can be afforded immunity from liability arising from the design of a public works project. However, public entities should be aware that the rise of alternative delivery methods may impact the availability of the design immunity defense.