FEATURE ARTICLE
Learning from Failure: California’s 30 Years’ War in the Delta (Part I) by Joseph L. Sax, U.C. Berkeley School of Law, Berkeley, California323
CALIFORNIA WATER NEWS
The Public Voices Opposition to Proposal to Raise Shasta Dam328
REGULATORY DEVELOPMENTS
Coalition Petitions EPA to use ‘Residual Designation Authority’ to Require Permits for Sites Discharging Stormwater to Impaired Waterways330
State Board Statewide Industrial Storm Water Regulations to Impose Significant New Burdens on Industrial Facilities332
LAWSUITS FILED OR PENDING
Seven Lawsuits Filed Challenging the Delta Stewardship Council’s Certification of an EIR and Approval of the Delta Plan335
SMUD, the Bureau and Interior Pursue Resolution in Litigation over Water Rates through the Folsom-South Canal and Capitol Expenditures338
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Reverses Dismissal of Citizen Suit under the Clean Water Act, even though the State Filed Prior Criminal and Civil Actions against Defendants340
California Sportfishing Protection Alliance v. Chico Scrap Metal, Inc., ___F.3d___, Case No. 11-16959 (9th Cir. July 22, 2013).
Ninth Circuit Holds North Sacramento Valley Contractors Cannot Claim Priority Access to CVP Water under Area of Origin Statutes342
Tehama-Colusa Canal Authority v. U.S. Department of the Interior, ___F.3d___, Case No. 11-17199 (9th Cir. July 2013).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
First District Finds that Proposition 26 Does Not Have Retroactive Effect on Local Governments . .344
Brooktrails Township Community Services District v. Board of Supervisors of Mendocino County, ___Cal.App.4th___, Case No. A13900 (1st Dist. 2013).
Fifth District, in Unpublished Opinion Analyzes Agency’s Obligation to Respond to Comments under CEQA345
Visalia Smart Growth Coalition v. City of Visalia, Case No. F065525 (5th Dist. July 3, 2013).
Superior Court:
Sacramento County Superior Court Issues Final Decision in the Quantification Settlement Agreement Cases347
Quantification Settlement Agreement Cases Coordinated Special Proceeding, Case No. JCCP 4353 (Sacramento Super. Ct. July 31, 2013).
