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California Water Law & Policy Reporter

November 2010

Volume 21, Number 2 November 2010


Twenty-Seven Years Later, Are We Closer to Fishable and Swimmable Waters?

A Response to EPA’s Proposed Rulemaking to Revise Water Quality Standards Regulation by Felix S. Yeung, Esq., Beveridge 35


Metropolitan Water District Disputes Imperial Irrigation District’s Proposal to Use Imperial’s Colorado River Entitlement Water for QSA Salton Sea Mitigation41


Pacific Legal Foundation, Central Valley Organizations Petition U.S. Fish and Wildlife Service Seeking Delisting of Valley Elderberry Longhorn Beetle43

California Department of Fish and Game Releases Draft Quantifiable Biological Objectives and Flow Criteria for the Delta44

California Department of Water Resources Issues New Technical Guidance for Urban Water Suppliers to Meet Water Conservation Standards47

State Water Resources Control Board Approves U.S. Bureau of Reclamation Petitions for Temporary Changes to Friant Division Permits49

California’s New Construction Stormwater Discharge Permit Require-



Circuit Court of Appeals:

Ninth Circuit Holds Clean Water Act Precludes Pre-Enforcement Judicial Review of Compliance Orders54

Sackett v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-35854 (9th Cir. Sept. 17, 2010).

District Court:

District Court Holds Tahoe Regional Planning Agency Shorezone Ordinance Amendments Fail Judicial Scrutiny55

League to Save Lake Tahoe et al. v. Tahoe Regional Planning Agency, ___F.Supp.2d___, Case No. (E.D. Cal. Sept. 16, 2010).


District Court of Appeal:

Fourth District Finds Lower Court Abused Its Discretion in Refusing Motion for Supplemental Attorney’s Fee Award Following Successful Appeal58

Center for Biological Diversity v. County of San Bernardino, 188 Cal.App.4th 603 (4th Dist. 2010).

First District Addresses Urban Water Management Plans and Their Level of ‘Certainty’ and Specifi-


Sonoma County Water Coalition v. Sonoma County Water Agency, ___Cal.App.4th___, Case No. A124556 (1st Dist. Oct. 8, 2010).