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California Water Law & Policy Reporter

September 2012

Volume 22, Number 11 September 2012

FEATURE ARTICLE

A Picture Perfect? EPA’s Integrated Municipal Stormwater and Wastewater Planning Approach Framework by Erica M. Zilioli, Esq., Beveridge and Diamond, P.C., Washington, D.C323

CALIFORNIA WATER NEWS

Sacramento County Board of Supervisors Unanimously Votes to Oppose Draft Bay Delta Conservation Plan328

LEGISLATIVE DEVELOPMENTS

National Flood Insurance Program Finally Reauthorized330

REGULATORY DEVELOPMENTS

Joint State and Federal Recommendations Seek a New Direction for the Bay Delta Conservation Plan332

SWRCB Prepares Amendment of Statewide General Permit for Residual Pesticide Discharges to U.S. Waters From Algae and Aquatic Weed Control Applications334

State Water Resources Control Board Reopens Cease and Desist Hearing after Trial Court Voids Prior Order335

LAWSUITS FILED OR PENDING

U.S. Supreme Court to Review Two Ninth Circuit Decisions on Clean Water Act338

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Finds Environmental Appeals Board Decision to Decline Review of NPDES Permit Reissuance Was Appropriate340

Native Village of Kivalina Ira, et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-70776 (9th Cir. July 14, 2012).

Ninth Circuit Upholds 2005 Renewal of Sacramento River Settlement Contracts and Delta Mendota Canal Unit Contracts342

Natural Resources Defense Council v. Salazar, ___F.3d___, Case No. 09-17661 (9th Cir. July 17, 2012).

Ninth Circuit Upholds Army Corps Decision that Nationwide Permits Apply to Hydroelectric Power Plant343

Snoqualmie Valley Preservation Alliance v. U.S. Army Corps of Engineers, ___ F.3d ___, Case No. 11-35459, (9th Cir. June 26, 2012).

District Court:

District Court Dismisses Mendocino County Parents’ Claim Contaminated Creek Water Killed Son345

Hernandez v. Broin, Case No. C 11-2397 SI (N.D. Cal. dismissed June 19, 2012).

Fed. Cl. Court:

Claims Court Dismisses Physical Takings Claim for Alleged Flowage Easement Created by Army Corps’ Prado Dam Project—Plaintiffs Seek Reconsidera-

tion347

Stueve Bros. Farms, LLC v. U.S., Fed. Cl. No. 11-799L (Fed Cl. July 2, 2012).

RECENT CALIFORNIA DECISIONS

Superior Court Rules on Goldfields Parties’ Definition of ‘Groundwater’349

Western Water Co. v. Yuba County Water Agency, Case No. 34-2010-00070834 (Sac. Super. Ct. June 21, 2012).