CALIFORNIA WATER NEWS
Federal Emergency Management Agency Flood Risk Rating 2.0 Rolls Out as First Major Update to Pricing Methodology in 50 Years29
LEGISLATIVE DEVELOPMENTS
Governor Newsom Signs Legislation Streamlining Process to Improve State Water Project Infrastructure31
Governor Newsom Signs Senate Bill 323 Implementing a 120-day Statute of Limitations for Challenges to Water and Sewer Service Rates32
REGULATORY DEVELOPMENTS
U.S. Bureau of Reclamation Forecasts Reduced Inflows to Lake Mead, Exacerbating Shortage Conditions on the Colorado River35
California State Water Resources Control Board Adopts Guidelines to
Address Pandemic-Related Unpaid Water Bills36
LAWSUITS FILED OR PENDING
Water Agencies File Lawsuits Challenging State Water Board’s Sacramento-San Joaquin Curtailment Order39
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Decision Broadens Scope of RCRA Liability, Under Endangerment Provision, to Transporters42
California River Watch v. City of Vacaville, ___F.4th___, Case No. 20-16605 (9th Cir. Sept. 29, 2021).
Ninth Circuit Vacates Judgement Requiring Clean Water Act Citizen Suit to Prove Ongoing Discharge in Case Alleging Monitoring Violations43
Inland Empire Waterkeeper and Orange County Coastkeeper v. Corona Clay Co., 13 F.4th 917 (9th Cir. 2021).
District Court:
District Court Denies Preliminary Injunction Seeking to Bar the Bureau from Continuing Voluntary Groundwater Pumping Program45
Aqualliance, et al, v. U.S. Bureau of Reclamation, et al, ___F.Supp.4th___, Case No. 2:21-cv-01533 WBS DMC (E.D. Cal. Sept. 14, 2021).
District Court Denies All but One Motion in Review of Activities Requiring a General Permit Under the Clean Water Act47
Eden Environmental. Citizen’s Group v. California Cascade Building Materials, Inc. et. al, ___F.Supp.4th___, Case No. 2:19-cv-01936 (E.D. Cal. Sept. 20, 2021).
District Court Declines to Dismiss Endangered Species Act ‘Take’ Claim—Finds Case Not Barred by the Doctrine of ‘Primary Jurisdiction’ or Statute of Limitations49
Waterwatch of Oregon v. Winchester Water Control District, ___F.Supp.4th___, Case no 3:20-cv-01927-IM (D. Or. Sept. 22, 2021).
