REGULATORY DEVELOPMENTS
EPA and U.S. Army Corps of Engineers Likely to Propose a New Rule Interpreting Clean Water Act Jurisdiction99
California’s Division of Oil, Gas and Geothermal Resources Issues Draft Regulations for Well Stimulation under SB 4100
Draft Environmental Documents for the Bay Delta Conservation Plan Released for Public Review by DWR102
State Auditor Confronts Salton Sea Restoration Cost Issues104
LAWSUITS FILED OR PENDING
United States Urges U.S. Supreme Court to Allow Texas Suit against
New Mexico and Colorado Respecting Rio Grande Water Compact Viola-
tions106
Prop. 218 Lawsuit Challenges Rate Increase by the Santa Ynez River Water Conservation District107
Landowners File State Court Suit Challenging County Ordinance Restricting Groundwater Use in the Paso Robles Basin109
Paso Robles Groundwater Basin Fuels Water Rights Debate—Landowners File State Court Suit Seeking to Quiet Title to Their Water Rights110
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
On Remand from the U.S. Supreme Court, Federal Circuit Rules that Government-Induced Flooding Constitutes a Fifth Amendment Taking112
Arkansas Game and Fish Commission v. U.S., ___F.3d___, Case No. 9-5121 (Fed. Cir. Dec. 3, 2013).
Eleventh Circuit Holds that Plaintiffs Cannot Evade Clean Water Act Notice Requirements113
Black Warrior Riverkeepers Inc., v. Black Warrior Minerals, Inc., ___F.3d___, Case No. 12-15409 (11th Cir. Nov. 13, 2013).
Sixth Circuit Finds Clean Water Act Does Not
Impose on the Army Corps a Non-Discretionary
Duty to Administer Permitting Program to Non-Applicants115
Huron Mountain Club v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 12-2217 (6th Cir. Oct. 30, 2013).
District Court:
District Court Holds That Merely Pumping From a Contaminated Aquifer Is Not a Release of a Hazardous Substance under CERCLA118
Coppola v. Smith, ___F.Supp.2d, ___, Case No. 1:11-CV-1257 AWI BAM (E.D. Cal. Nov 8, 2013).
