CALIFORNIA WATER NEWS
Governor Brown Declares State of Emergency—Drought Declaration Can Provide Tools, Funds for Dealing with Dry Conditions—But Not Rain123
California Prepares for Climate Change with an Update to its Climate Adaptation Strategy125
California American Water Company Looks to Two Potential Sources of Water Supply in Monterey County126
REGULATORY DEVELOPMENTS
U.S. Bureau of Reclamation Issues Draft Appraisal Report for Expanding Capacity of the San Luis Reservoir128
U.S. Bureau of Reclamation Releases Progress Report on Sites
Reservoir130
National Marine Fisheries Service Issues Final Rule Regarding Reintroduction of Spring-Run Chinook Salmon to the San Joaquin River131
Bay Delta Conservation Plan Draft Released along with Draft Environmental Impact Report/Statement for Public Review133
LAWSUITS FILED OR PENDING
New Orleans Authorities at Odds Over Lawsuit Seeking Billions in Damages from Industry for Wetlands Losses135
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Upholds Grant of Summary Judgment to Army Corps under the Clean Water Act and National Environmental Policy Act137
Jones III v. National Marine Fisheries Service, ___F.3d___, Case No. 11–35954 (9th Cir. Dec. 20, 2013).
District Court:
Willits Bypass Project Breeds Dispute—District Court Defers to the Corps and Caltrans in the Face of Clean Water Act and NEPA Challenges139
Center for Biological Diversity v. California Department of Transportation, ___F.Supp.2d___, Case No. 12-cv-02172-JSW (N.D. Cal. Dec. 19, 2013).
District Court Dismisses As Premature Challenge to Potential Chesapeake Bay Clean Water Act TMDL Water Pollution Trading Program141
Food and Water Watch and Friends of the Earth v. U.S. Environmental Protection Agency, et al., ___F.Supp.2d___, Case No. 12-1639 (D. D.C. Dec. 13, 2013).
District Court Finds Marine Terminal Not Required to Obtain a Clean Water Act NPDES Permit for Industrial Activities143
San Francisco Baykeeper v. Levin Enterprises, ___F.Supp.2d___, Case No. C-12-04338-EDL (N.D. Cal. Dec. 18, 2013).
Federal Court of Claims:
Federal Claims Court Holds that the U.S. Army Corps’ Failure to Adjust Wetlands Credit Composition Exposes It to Contractual Liability and Presumed Monetary Damages145
Davis Wetlands Bank, LLC. v. U.S., ___F.Supp.2d___, Case No. 13-268 C (Fed. Ct. Cl. Dec. 16, 2013).
RECENT STATE DECISIONS
District Court of Appeal:
Fourth District Court Finds CEQA Mitigation Measures Addressing Groundwater Inadequate for Imperial County Gypsum Manufacturer148
Sierra Club v. Imperial County, Unpub., Case No. D062545 (4th Dist. Dec. 16, 2013).
