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California Water Law & Policy Reporter

May 2012

Volume 22, Number 8 May 2012


The Supreme Court’s Sackett Decision and Beyond: Of Compliance Orders and Federal Jurisdiction under the Clean Water Act by Roderick Walston, Esq., Best Best & Krieger, Walnut Creek, California


National Report Calls for Integrated Approach to Address Mosaic of Impacts on California’s Bay Delta Ecosystem

‘Sustainable Water And Environmental Management in California’s Bay-Delta’ Report Released by the National Academies of Science/National Research Council

Dispute between San Diego County Water Authority and Metropolitan Water District of Southern California Spreads

A Moving Target? Lahontan Water Board Reevaluates Background Levels of Hexavalent Chromium at PG&E’s Hinkley Site


Bureau Proposes Reclamation Policy Changes to Water Transfers and Conversions

U.S. Fish and Wildlife Service Identifies San Francisco Bay-Delta Longfin Smelt as a Candidate Species for Endangered Species Act Protection


New Litigation Again Challenges the Newhall Ranch Project Based on Alleged Potential Impacts to the Santa Clara River


District Court:

District Court Holds Nonprofit Corporation Has Standing to Sue for Alleged Violations of the Clean Water Act

California Sportfishing Protection Alliance v. All Star Auto Wrecking, ___F.Supp.2d___, Case No. 2:11-CV-1771 JAM-CKD (E.D. Cal. Mar. 16, 2012).

Federal Defendants Granted Final Judgment in Central Valley Drainage Litigation

Firebaugh Canal Water District v. U.S., ___F.Supp.2d___, Case No. 1:88-cv-00634 LJO DLB (E.D. Cal. Mar. 12, 2012).


Fifth District Finds Irrigation District Has Standing under CEQA to Challenge Environmental Review Document for Residential Development

Consolidated Irrigation District v. City of Selma, 2004 Cal.App.4th 197 (5th Dist. modified Mar. 9, 2012).

First District Holds EIR Certification by Local Enforcement Agency under the Integrated Waste Management Act Not Appealable to County Board of Supervisors

No Wetlands Landfill Expansion v. County of Marin, ___Cal.App.4th___, Case No. A131651 (1st Dist. Mar. 20, 2012).

Third District Upholds Designation of the State Water Board as Lead CEQA Agency in Battle Creek Restoration Project

Outfitter Properties v. State Water Resources Control Board, Case No. C064470 (3rd Dist. Mar. 15, 2012).