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California Water Law & Policy Reporter

January 2011

Volume 21, Number 4 January 2011

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).