FEATURE ARTICLE
California Public Utilities Commission Approves Regional Water Supply Project for the Monterey Peninsula by Jan Driscoll, Allen Matkins Leck Gamble Mallory 99
LEGISLATIVE DEVELOPMENTS
Proposition 26: Another Limit on How the Government Can Raise
Revenue105
REGULATORY DEVELOPMENTS
Fish and Wildlife Service Issues Final Critical Habitat Designated for Polar Bear107
EPA Orders CalTrans to Upgrade Statewide Clean Water Act Stormwater Management Program108
California Department of Water Resources Launches New Website for Groundwater Monitoring Program109
State Water Board Issues Notice of Preparation and Public Scoping Meeting Regarding the Russian River Frost Protection Regulation111
Sacramento Area to Face Strict Sewage Discharge Requirements under New Regional Water Quality Control Board Permit112
LAWSUITS FILED OR PENDING
Judge Wanger Issues Lengthy Opinion Striking Down Fish and Wildlife Service’s BiOp—Finds Violations of Endangered Species Act and Administrative Procedure Act115
The Consolidated Salmon Cases, Case No. 1:09-cv-1053 OWW-DLB, opinion of December 14, 2010 (E.D. Cal).
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Holds that National Marine Fisheries Service’s Approval of California Sea Lion Kill Violated the Marine Mammal Protection Act but Complied with the NEPA117
Humane Society of the United States v. Locke, ___F.3d___, Case No. 08-36038 (9th Cir. Nov. 23, 2010).
District Court:
District Court Holds State Agency Liable as
an Arranger under CERCLA For Designing, Installing and Operating a Storm Water Drainage
System119
U.S. v. Washington State Department of Transportation, ___F.Supp.2d___, Case No. 09-5722RJB (W.D. Wash. Nov. 17, 2010).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Fourth District Court Addresses CEQA Baseline Requirements for Analysis of a Project’s Impacts on Regional Water Supplies121
Cherry Valley Pass Acre and Neighbors v. City of Beaumont, ___Cal.App.4th___, Case No. E049651 (4th Dist. Nov. 22, 2010).
