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California Water Law & Policy Reporter

June 2012

Volume 22, Number 9 June 2012

FEATURE ARTICLE

The More Things Change, the More they Stay the Same: New Round of Guidance Unlikely to Clarify Clean Water Act Jurisdiction by W. Parker Moore and Graham St. Michel, Beveridge and Diamond, P.C., Washington, D.C.259

CALIFORNIA WATER NEWS

State Water Resources Control Board Announces Proposed Workshops on the Bay-Delta Plan265

LEGISLATIVE DEVELOPMENTS

Several Bills Pending on Delta Issues before the State Legislature267

REGULATORY DEVELOPMENTS

State Water Board Dismisses Challenges to Renewal of Irrigated Lands Discharge Waiver and EIR or Related Regulatory Program270

Five Petitions Filed with State Board Seeking Review of the Central Coast Irrigated Lands Order271

LAWSUITS FILED OR PENDING

New Lawsuit Seeks to Reverse Bureau of Reclamation’s Final Decision to Recirculate Flood Waters for the Benefit of Westside Farmers273

Lawsuits Fly over New DFG Suction Dredging Regulations274

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Fifth Circuit Holds Active Prosecution of Clean Water Act Violations by Federal or State Agency Is Not a Jurisdictional Bar to Citizen Suit Enforcement277

Louisiana Environmental. Action Network v. City of Baton Rouge, ­­­___F.3d___, Case No. 11-30549 (5th Cir. Apr. 17, 2012).

District Court:

District Court Order Approves Settlement Agreement between Delta Water Users and FEMA Concerning ESA Compliance for the National Flood Insurance Program279

Coalition for a Sustainable Delta and Kern County Water Agency v. Federal Emergency Management Agency, et. al, ___F.Supp.2d___, Case No. 1:09-cv-02024-LJO-BAM (E.D. Cal. 2012).

District Court Dismisses Lawsuit by Southern California Residents Claiming Metropolitan Water District Drugs Water Supply282

Foli v. Metropolitan Water District of Southern California, ___F.Supp.2d___, Case No. 11CV1765 JLS (BLM) (S.D. Cal. Apr. 10, 2012).

District Court Rejects Challenge to Department of the Interior’s Approval of the Colorado River Water Delivery Agreement283

People of the State of California ex rel. Imperial County Air Pollution Control District, et al., v. U.S. Department of the Interior, et al., ___F.Supp.2d___, Case No. 09CV2233 AJB (PCL) (S.D. Cal. Apr. 6, 2012).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Fifth District Finds Appeal Challenging Interim Renewal Contracts for Central Valley Project Water Moot286

North Coast Rivers Alliance v. Westlands Water District, ___Cal.App.4th___, Case No. F062359 (5th Dist. Apr. 11, 2012).