Andrea Clark specializes in water rights and flood control, serving as general counsel to a variety of public agencies from local reclamation districts and water districts to regional joint powers authorities.
Public agencies in the water and flood control fields rely on Andrea for her ability to explain in understandable terms the wide range of issues impacting them, including basic transparency laws (Brown Act and Public Records Act), public bidding and contracting, bond financing, the unique nature of joint powers authorities, and elections. She also regularly counsels clients on water transfers, Proposition 218 compliance, the California Environmental Quality Act, the National Environmental Policy Act, and financing strategies for major capital improvement projects.
With a special expertise in flood control and floodplain management, Andrea is regularly asked to speak on topics ranging from flood insurance to climate change and the future of flood control policy in California. Through her representation of clients in state flood policy and speaking engagements, she has forged strong relationships with key members of the flood control community in California.
Andrea also counsels private clients, including landowners and mutual water companies, on water supply matters, including proceedings before the State Water Resources Control Board, water rights determinations, and contractual disputes with Federal agencies.
Most people would not associate flood insurance with the protection of endangered species. But over the past decade, the Federal Emergency Management Agency (FEMA) has been the target of multiple lawsuits alleging that the agency has violated the Endangered Species Act by not considering the impacts of its flood insurance program on endangered species and … Continue Reading
The National Flood Insurance Program (NFIP) often seems to be the Congressional-stepchild; everyone knows that it deserves some attention but everyone is too busy with their favorite child. Unfortunately, the Program is scheduled to expire in May and when it expires, the consequences can be dire. Financial Services Committee Chair Maxine Waters has been a … Continue Reading
The Water Resources Development Act (WRDA) of 2018, included as title I of the America’s Water Infrastructure Act of 2018 (S. 3021), was signed into law today. The new law provides the needed authorization for investment in harbor, waterway, flood protection, and other water infrastructure improvements throughout the country. As noted in the House Transportation … Continue Reading
Amidst much fanfare, on Friday President Trump released a Presidential Memoranda (much like an Executive Order, yet different?) directing Federal agencies to work together to reduce regulatory burdens on Western water deliveries. It appears that the main thrust of the Memoranda is for NOAA Fisheries (which has Endangered Species Act oversight over certain fish species) … Continue Reading
Great news for those of us tracking the Water Resources Development Act (WRDA), which authorizes specific projects, creates and modifies programs, and updates authorities for the U.S. Army Corps of Engineers: The Senate has scheduled a a cloture vote on Tuesday. For those with less background on the inner-workings of the Senate, a cloture vote … Continue Reading
Today the President signed an FY2019 “Minibus” into law (HR 5895) covering three of the twelve appropriations areas – energy and water, MilCon/VA, and legislative branch. The Energy and Water portion funds the activities of USACE’s Civil Works function. The agreement would provide a total of $7 billion to USACE, $171.5 million more than in … Continue Reading
At last week’s Floodplain Management Association meeting in Reno, Nevada, the two of us planned and participated in a panel discussion on federal funding for flood control projects under the Trump administration. Attendees enjoyed a discussion on federal funding options for local entities that are ready to carry out a flood control project (or any water infrastructure … Continue Reading
All joking aside about a gridlocked Congress, real progress has been made this week on flood risk reduction authorizations and appropriations. As explained below, it is looking like the 2018 Water Resources Development Act (WRDA) may pass shortly, and the relevant budget subcommittees are ready to move an agreed-upon appropriations packet forward to their respective … Continue Reading
We previously reported on and provided what appeared to be final drafts of the new 408 guidance. On Friday we received the formal version, and are providing access to it here: EC_1165-2-220. Keep coming back for more helpful information on legal updates & commentary on flood risk and floodplain management.… Continue Reading
We are happy to share the guidance on how USACE should be moving forward with projects funded under the Supplemental Appropriation. The guidance can be found here. The appropriation provided an incredible $15 billion for construction: Public Law 115-123 provides $15,055,000,000 in Construction funding (Supplemental Construction funds) to address emergency situations at Corps of Engineers … Continue Reading
We have reported many times in the past on U.S. Army Corps of Engineers’ 408 policy: Here, here, here, here, here, and here. Well, we recently obtained a copy of what appears to be the final guidance, albeit with no date on it. Also, we can’t find it on any government websites yet. So, we think this is … Continue Reading
In late June, President Trump unveiled his administration’s plan to reorganize the federal government. The proposed shakeup is entitled “Delivering Government Solutions in the 21st Century: Reform Plan and Reorganization Recommendations.” On page 15 of the proposal you will find: “Move the Army Corps of Engineers (Corps) Civil Works out of the Department of Defense (DOD) to … Continue Reading
In a last minute move to avert a mini-financial disaster, today the Senate passed, and the president signed, a bill to extend the NFIP until November 30, 2018. The House had previously passed a companion bill. Demonstrating the broad support to keep the program running, the Senate passed the bill 86-12 and the president signed … Continue Reading
At noon eastern time on Monday, June 11, 2018 the U.S. Army Corps of Engineers (USACE) issued its 2018 Workplan. Although approximately two weeks late, the Workplan contains enough goodies for around the United States as to allow most people to forgive USACE for the delay.… Continue Reading
Many thanks to the Louisiana Coastal Protection and Restoration Authority for filing such thoughtful comments on the Corps of Engineer’s draft 408 guidance. If you filed your own comments, please share them so we can post them here as well.… Continue Reading
FEMA has announced that Roy Wright, the director of FEMA’s National Flood Insurance Program, is stepping down to take the helm of a nonprofit backed by the insurance industry. We will be sorry to see Roy leave. He was a great advocate for purchasing flood insurance, for sensible policies by FEMA, and for modifying FEMA’s administration … Continue Reading
As happens on a regular political cycle, there are stories being published again with calls for USACE’s Civil Works mission to leave USACE and move to the U.S. Department of Transportation, or perhaps the Department of Interior. On Thursday, Major General Donald Jackson Jr. sent an Email for distribution within USACE on the proposal to move … Continue Reading
The National Waterways Conference has submitted a letter in response to the notice published in the Federal Register on February 5, 2018, seeking comment on the draft Engineering Circular (EC) on 408 permissions. According to the notice, comments must be submitted by March 7, 2018. 83 Fed. Reg. 5075. The National Waterways Conference requests that … Continue Reading
Unfortunately, USACE has audio technical problems with its first webinar on the draft 408 policy. For those that are interested in downloading the Powerpoint, you can find it here. Also, here is the draft guidance. Remember, comments should be due on March 7 (30 days after Feb 5 if our math is correct). Finally, here … Continue Reading
Happy New Year!!!!!! Yes, it is actually February, but it is a new year for this blog as we turn our attention to a world full of flood risk reduction actions in the second year of the Trump Administration. We are hearing that on February 6 the Corps will be releasing draft guidance for 33 … Continue Reading
Today’s guest-post is from Laura Morgan-Kessler of Van Scoyoc Associates. It is almost impossible to turn on the news or open your twitter feed today without seeing words like gridlock, partisan, or contentious used to describe the current climate in Washington, D.C. The constant negativity surrounding the events and activities in our nation’s capital has led … Continue Reading
This morning President Trump announced his intent to nominate candidates to a number of administration posts. Among them is RD James to be the Assistant Secretary of the Army for Civil Works. Here is the blurb on James:… Continue Reading
On a recent visit to Washington, D.C. to work on client issues, I attended any number of meetings where we discussed Federal appropriations. But before we get to an observation or two, here is a recap on the process for how Congress can choose to invest money into a flood risk management project with the … Continue Reading
The National Flood Insurance Program (NFIP) will expire at the end of the month. For anyone that has read the newspaper lately, this is a lousy time for the program to expire with two hurricanes bearing down on the Eastern seaboard, and Texas’ largest city recovering from a 100-year storm. But politically, it is a … Continue Reading