CALIFORNIA WATER NEWS
President Trump Signs Executive Orders to Advance the Keystone XL and Dakota Access Pipelines151
Governor Brown Declares State of Emergency for Several Counties Seeking Federal Assistance to Repair Damage Caused by Severe Winter
Storms152
Preparing for Sustainable Groundwater Management: A Review of Groundwater Recharge154
In the Midst of a Wet Winter, the Drought Is Still Guiding California Land Use Law156
REGULATORY DEVELOPMENTS
U.S. Fish and Wildlife Service Seeks Greater Influence with New Endangered Species Act Compensatory Mitigation Policy158
Department of Water Resources Releases Draft Report on Water Available for Replenishment159
State Water Resources Control Board Extends Emergency Conservation Regulations Despite Improved Surface Water Supply Conditions160
LEGISLATIVE DEVELOPMENTS
Congress Passes ‘Waters Infrastructure Improvements for The Nation’ Act, Promises to Support California Water Agencies163
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Second Circuit Joins the Eleventh Circuit in Upholding EPA’s ‘Water Transfers Rule’164
Catskill Mountains Chapter of Trout Unlimited, Inc. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1823 (2nd Cir. Jan. 18, 2017).
Fourth Circuit Holds Federal Clean Water Act Permit Does Not Shield Permittee from Liability for Violation of State Water Quality Standards166
Ohio Valley Environmental Coalition v. Fola Coal Co., LLC, ___F..3d___, Case No. 16-1024 (4th Cir. Jan. 4, 2017).
District Court:
District Court Grants Injunction against Klamath River Project after Finding Bureau of Reclamation Failed to Reinitiate Consultation under the
ESA168
Hoopa Valley Tribe v. National Marine Fisheries Service, et al., ___F.Supp.3d___, Case No. 16-4294 (N.D. Cal. Feb. 8, 2017); Yurok Tribe v. U.S. Bureau of Reclamation, et al., ___F.Supp.3d___, Case No. 16-6863, (N.D. Cal. Feb. 8, 2017).
District Court Denies Motion to Dismiss Clean Water Act Suit Seeking EPA Review of Temporary Changes to CVP and State Water Project Per-
mits171
Natural Resources Defense Council, et al. v. Gina McCarthy, et al. ___F.Supp.3d___, Case No. 16-cv-02184-JST (N.D. Cal. Feb. 7, 2017).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Third District Court Rejects as ‘Unfair’ ‘Wheeling Rates’ for Third-Party Agencies Based on Strict Pro Rata Allocations for System-Wide Costs174
Central San Joaquin Water Conservation Dist. v. Stockton East Water District, ___Cal.App.5th___, Case No. C072218 (3rd Dist. Jan, 25, 2017).
