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California Water Law & Policy Reporter

May 2010

Volume 20, Number 8 May 2010

FEATURE ARTICLE

U.S. Supreme Court Broadens Right to Intervene in Interstate Water Disputes Brought under the Court’s Original Jurisdiction by Rod Walston, Best, Best 227

CALIFORNIA WATER NEWS

Recent Delta Study Vindicates Pumping Restrictions, but Finds More Information and Analysis Is Needed233

Contra Costa Water District Board Approves Los Vaqueros Reservoir Expansion234

LEGISLATIVE DEVELOPMENTS

U.S. House Committee Takes a Close Look at Implementation of the Water Resources Development Act of 2007236

REGULATORY DEVELOPMENTS

State Water Resources Control Board Conducts Delta Flow Criteria Informational Proceeding238

LAWSUITS FILED OR PENDING

Update on the Salmonid and Delta Smelt Biological Opinions’ Restrictions on Pumping Operations in the Sacramento-San Joaquin Delta241

U.S. District Court Issues Decision on Motions for Summary Judgment in Clean Water Act Citizen Suit against the County of Los Angeles243

RECENT FEDERAL DECISIONS

District Court:

Applying the Burlington Northern ‘Arranger Test,’ the District Court Dismisses a CERCLA Claim against Dry Cleaning Machine Manufacturers246

Hinds Investments, L.P. v. Team Enterprises, Inc., ___F.Supp.2d___, Case No. CV F 07-0703 (E.D. Cal. March 12, 2010).

RECENT CALIFORNIA DECISIONS

Supreme Court:

Supreme Court Holds CEQA Challenge Time-Barred where Agency Filed Notice of Exemption, Whether or Not Exemption Properly Applied248

Stockton Citizens for Sensible Planning v. City of Stockton, ___Cal.4th___ Case No. S161190 (April 1, 2010).

Superior Court:

Superior Court finds State Must Perform Environmental Review for Completed 2009 Drought Water Bank250

Butte Environmental Council v. California Department of Water Resources, Case No. RG09446708 (Alameda Super. Ct. March 2010).

Superior Court Finds City’s Water Rate Hikes Unconstitutional Due to Notice Defects and Violations of Statutory Voting Requirements252

Foster Poultry Farms, Inc. v. City of Livingston, Case No. CV000292 (Merced Super. Ct. 2010).