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California Water Law & Policy Reporter

August/September 2011

Volume 21, Number 11 August/September 2011


Governor Brown Signs into Law the Dissolution of Redevelopment Agencies—Unless Local Jurisdictions Agree to Turn Over Tax Increment Revenue319

Environmental Groups Send 60-Day Notice to Sue Grasslands Bypass Proponents under the Clean Water Act320

Environmental Groups Lobby Governor Brown to Restrict Clear-Cut Logging in Battle Creek Watershed323

Landowner-County Partnership Program Aims to Preserve and Restore Salmon Habitat in the San Geronimo Valley325

Cities Consider Privatizing Water Systems in Difficult Times326


Emergency DWR Agricultural Water Measurement Regulations Approved by the Office of Administrative Law328

State Water Resources Control Board Issues Draft NPDES General Permit Regulating Discharges from Small and Medium Storm Drain Systems330


District Court Upholds Rule Listing Polar Bear as ‘Threatened’ under the Endangered Species Act332

Environmental Groups Seek to Intervene in Lawsuit over the Scope of DFG’s Authority to Regulate Streambed Diversions333


Ninth Circuit Holds a Citizen Suit under CERCLA Cannot Be Used to Enforce Violations of an EPA Administrative Order336

Pakootas v. Teck Cominco Metals, Ltd., ___F.3d___, Case No. 08-35951 (9th Cir. July 1, 2011).

Ninth Circuit Finds Railroads Not Liable Pursuant to State or Federal Theories of Recovery for Groundwater Contamination under their Tracks338 

Redevelopment Agency of the City of Stockton v. BNSF Railway Company, ___F.3d___, Case Nos. 09-16585, 009-16739, 09-17640 (9th Cir. June 28, 2011).


District Court of Appeals:

Fourth District Upholds City’s Certification of Addendum to EIR as Equivalent to Approval of Water Supply Assessment340

Citizens for Responsible Equitable Environmental Development v. City of San Diego, 196 Cal.App.4th 515 (4th Dist. 2011).

Third District Holds Water Agency’s Certification of Long-Term Water Supply for New Development Adequate Despite Uncertainty Affecting Alternative Sources342

Clover Valley Foundation v. City of Rocklin, ___Cal.App.4th___, Case No. No. C061808 (3rd Dist. July 8, 2011).

Superior Court:

Superior Court Holds Landowners Prevail in Water Rights Claims—Scope of SWRCB’s Authority over Riparian and Pre-1914 Rights Set to Be Decided on Appeal344

Young v. State Water Resources Control Board, Case No. C068559 (San Joaquin Super. Ct.).