FEATURE ARTICLE
The California Bay-Delta Conservation Plan: Where Does It Stand? by
Barbara Brenner and Uzunma Kas-Osoka, Stoel Rives, Sacramento, Calif67
WESTERN WATER NEWS
Residential Homebuilder Settles Alleged Clean Water Act Violations in 21 States72
Texas Water Development Board Issues December Report on the Progress of State Seawater Desalinization73
REGULATORY DEVELOPMENTS
EPA Calls for Identification of Coastal Waters Impacted by Acidification, but Stops Short of Supporting Use of Clean Water Act to Address Greenhouse Gas Emissions75
EPA Orders California Department of Transportation to Upgrade Statewide Clean Water Act Stormwater Management Program77
U.S. Fish and Wildlife Service Issues Final Rule Designating Critical Habitat for Bull Trout—Idaho Resources User Groups React78
U.S. Fish and Wildlife Service Issues Final Critical Habitat Designation for Polar Bear80
JUDICIAL DEVELOPMENTS
Federal:
District Court Holds State Agency Liable as an Arranger under CERCLA for Designing, Installing and Operating a Storm Water Drainage System82
U.S. v. Washington State Department of Transportation, ___F.Supp.2d___, Case No. 09-5722RJB (W.D. Wash. Nov. 17, 2010).
Federal Claims Court Finds U.S. Not Liable for Land Contaminated with Hazardous Waste84
U.S. Home Corporation, Beechwood at Edison, LLC, Beechwood Shopping Center, LLC, v. U.S., Case No. 09-63 C (U.S. Ct. Fed. Claims Nov. 9, 2010).
State:
California Court of Appeal Addresses Statutory Baseline Requirements for Analysis of a Project’s Impacts on Regional Water Supplies85
Cherry Valley Pass Acre and Neighbors v. City of Beaumont, ___Cal.App.4th___, Case No. E049651 (Cal.App. Nov. 22, 2010).
Montana Supreme Court Limits Right of State Agency to Require Detailed Return Flow Analyses for Water Rights Flow Change Application88
Hohenlohe v. Montana Department of Natural Resources and Conservation, 240 P.3d 628 (Mont. 2010).
New Mexico Court of Appeals Affirms State Engineer Overstepped Authority with Regulations Addressing Water Rights Priority Determinations90
Tri-State Generation, et al. v. John D’Antonio, Jr., New Mexico State Engineer, Case No. 27,802, NMCA (N.M.App. Oct. 28, 2010).
