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California Water Law & Policy Reporter

July 2010

Volume 20, Number 10 July 2010

CALIFORNIA WATER NEWS

2010 Review Panel Report Released on Vernalis Adaptive Management

Program291

‘Constituents of Emerging Concern’ in Southern California Water

Sources294

New Research Links Wastewater Discharge to Decline in Delta Fish

Species296

LEGISLATIVE DEVELOPMENTS

House Energy Committee Approves the ‘Assistance, Quality, and Affordability Act of 2010,’ Reauthorizing the Drinking Water State Revolving

Fund298

REGULATORY DEVELOPMENTS

State Water Resources Control Board Adopts Policy to Phase Out Once-Through Cooling Systems at 19 Coastal and Estuarine Power Plants300

LAWSUITS FILED OR PENDING

Lawsuit Claims Federal Government Has Illegally Expanded Endangered Species Act Listings302

Judge Wanger Issues Preliminary Injunction Halting Implementation of Salmon and Steelhead Biological Opinions303

Third District Court of Appeal Issues Stay of Judgment Invalidating Colorado River QSA305

California Farm Bureau Federation Sues DFG for Clarification of Fish and Game Code Section 1062307

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Validates Agency Findings Approving Business Park’s Impact on Wetlands and Endangered Species309

Butte Environmental Council v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 09-15363 (9th Cir. June 1, 2010).

District Court:

Faced with ‘Contradictory’ Allegations, District Court Dismisses ExxonMobil’s Contractual Indemnity Claims against Petroleum Sales and Distribution Facility311

ExxonMobil Oil Corp. v. Nicoletti Oil, Inc., ___F.Supp.2d___, Case No. 109-cv-01498 (E.D. Cal. May 18, 2010).

District Court Finds No Evidence that Discharges from L.A. County Outflows Contributed to Violations of Water Quality Standards Downstream313

Natural Resources Defense Council v. County of Los Angeles, ___F.Supp.2d___, Case No. CV 08-1467 AHM (C.D. Cal. April 26, 2010).

RECENT CALIFORNIA DECISIONS

Superior Court Upholds City of Palmdale’s Decision to Provide Recycled Water Service within Palmdale Water District’s Service Area315

Palmdale Water District v. City of Palmdale, Case No. BC 420492, (L.A. Super Ct).

Napa Superior Court Rules that Private Plaintiff May Challenge City’s Operation of Dam for Violation of the Public Trust316

Reynolds v. City of Calistoga, Case No. 26-46826, May 3, 2010 (Napa Super Ct).