FEATURE ARTICLE
U.S. District Court Grants Water Users’ Challenge to Delta Smelt Biological Opinion—Finds Opinion and Its Restrictions on SWP and CVP Operations Unlawful by Hanspeter Walter, Kronick Moskovitz Tiedemann 127
CALIFORNIA WATER NEWS
U.S. and Mexico Agree to Temporarily Store Mexico’s Colorado River Water in Lake Mead133
Navajo Nation Water Rights Settlement Paves Way for Additional Diversions From Major Colorado River Tributary134
Delta Science Program Panel Issues Final Report on 2010 Operations Criteria and Plan135
Woodland-Davis Clean Water Agency Approves Agreement to Buy Water Intake Facility and Permanent Water Rights137
REGULATORY DEVELOPMENTS
U.S. Fish and Wildlife Service Issues Final Rule Redesignating Critical Habitat for Santa Ana Sucker139
California State Water Resources Control Board Moves Forward with Environmental Review for ‘Wetland Area Protection Policy and Dredge and Fill Regulations’141
Delta Stewardship Council Releases White Papers on Delta and Seeks Input on Delta Plan Environmental Impact Report142
LAWSUITS FILED OR PENDING
Judge Wanger Declares 2008 Smelt Biological Opinion Unlawful144
City of Merced Continues to Fight Oil Companies for Contamination Caused by Underground Fuel Tank Leaching MTBE into Merced’s Groundwater
Supply147
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Affirms Decision to Approve Expansion of Mine with Selenium Pollution in the Face of Clean Water Act, NEPA and National Forest Management Act Claims149
Greater Yellowstone Coalition v. Lewis, ___F.3d___, Case No. 09-35729 (9th Cir. Dec 23, 2010).
D.C. Circuit Defers to FERC’s Refusal to Impose Water Flow Conditions on PacifiCorp’s Operation of the Klamath Hydroelectric Project151
Hoopa Valley Tribe v. Federal Energy Regulatory Commission, ___F.3d___, Case No. 09-1134, (D.C. Cir. Dec. 28, 2010).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Fourth District Holds Regional Water Board Has No Duty to Revise Basin Plan During Triennial Review and May Base Water Quality Objectives on ‘Potential’ Beneficial Uses153
City of Arcadia v. State Water Resources Control Board, ___Cal.App.4th___, Case No. G041545 2010 (4th Dist. Dec. 14, 2010).
