California Water Law & Policy Reporter
January 2019
Volume 29, Number 4
January 2019
FEATURE ARTICLE
The Ebb and Flow of the Federal Clean Water Act—EPA Releases New
Proposed ‘Waters of the United States’ Rule Defining the Scope of the Act by John Sittler, Esq. and Paul Noto, Esq., Patrick, Miller & Noto, Aspen,
Colorado91
LEGISLATIVE DEVELOPMENTS
Assembly Bill 747, the State Water Resources Control Board and the Administrative Hearings Office96
DWR and the State Water Board Release Primer for Implementation of 2018 Water Conservation Bills SB 606 and AB 166897
REGULATORY DEVELOPMENTS
U.S. Department of Agriculture Announces $449 Million Loan to Assist in Developing the Sites Reservoir Project100
Federal Department Officials Respond to President Trump’s Directive to Coordinate and Streamline Environmental Review of Federal Water Projects in California101
DWR Withdraws Delta Consistency after Delta Stewardship Council’s Draft Determination Finds Consistency Certification for WaterFix Not Supported by Substantial Evidence103
DWR Staff Summarize Past and Prospective SGMA Implementation104
RECENT FEDERAL DECISIONS
U.S. Supreme Court:
The Curious Case of the Dusky Gopher Frog—U.S. Supreme Court Limits Agency Discretion under the Endangered Species Act108
Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, ___U.S.___, Case No. 17-71 (Nov. 27, 2018).
Circuit Court of Appeals:
Tenth Circuit Finds Settlement Agreement Between BLM and Environmental Groups Not Ripe for Challenge Until Agency Implements the Settlement Provisions110
Southern Utah Wilderness Alliance v. Burke, 908 F.3d 630 (10th Cir. 2018).
District Court:
District Court Concludes Federal Agencies’ Environmental Assessment of Coastal ‘Fracking’ Violated the ESA and Coastal Zone Act112
Environmental Defense Center v. U.S. Bureau of Ocean Energy Management, ___F.Supp.3d___, Case No. CV168418PSGFFMX (C.D. Cal. Nov. 9, 2018).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Third District Court Addresses Proposition 218 and a Municipal Referendum Seeking to Alter Water Rates to Facilitate Water Storage and Delivery Infrastruct-ure114
Wilde v. City of Dunsmuir, ___Cal.App.5th___, Case No. C082664 (3rd Dist. Nov. 15, 2018).
