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California Water Law & Policy Reporter

April 2010

Volume 20, Number 7 April 2010

FEATURE ARTICLE

The Kern River Fully Appropriated Streams Proceeding: A Study in Law, Policy and Efficiency by Joseph S. Schofield, Esq., Downey Brand LLP, Sacramento, California195

CALIFORNIA WATER NEWS

Petition to Reduce Sea Ice Carbon Looks to Combat Climate Change through the Clean Water Act200

Delta Technical Panel to Review ‘Vernalis Adaptive Management Plan’ . .202

REGULATORY DEVELOPMENTS

Group Files Petition with State Water Resources Control Board Seeking to Halt Eel River Diversions204

StateWater Resources Control Board Proposes Revised Policy for Maintaining North Coast Instream Flows205

California Fish and Game Commission Lists California Tiger Salamander as a Threatened Species207

LEGISLATIVE DEVELOPMENTS

Lake Tahoe Restoration Act of 2009: Proposed Amendments to Implement a Program to Prevent Aquatic Invasive Species Within the Lake Tahoe

Basin209

Taps Shut on Feinstein Bill, But More Water May Be on the Way211

LAWSUITS FILED OR PENDING

Lawsuit Against the U.S. Bureau of Reclamation Set to Test California’s ‘Area of Origin’ Watershed Protections213

Owens Valley Committee Sues Fish and Game over EIR for Statewide Hatchery Program; Alleges Unmitigated Groundwater Impacts214

RECENT FEDERAL DECISIONS

Ninth Circuit Finds Written Comments Challenging a Pesticide Registration Decision Meets FIFRA ‘Public Hearing’ Requirement217

United Farm Workers of America v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-35528 (9th Cir. Jan. 26, 2010).

RECENT CALIFORNIA DECISIONS

Supreme Court:

Supreme Court Rules 30-Day Statute of Limitations Applies Where Agency Has Posted an NOD, Regardless of Nature of the CEQA Violation Alleged220

Committee for Green Foothills v. Santa Clara County Board of Supervisors, ___Cal.4th___, (Feb. 11, 2010).

District Court of Appeal:

First District Holds City’s Agreement to Provide Municipal Services to Proposed Tribal Casino Not a Project under CEQA222

Parchester Village Neighborhood Council v. City of Richmond, ___Cal.App.4th___, Case No. A123859 (1st Dist. Feb. 24, 2010).