FEATURE ARTICLE
The State Water Resources Control Board Periodic Review of Bay Delta Plan: Is the Process Defensible? by Valerie C. Kincaid, Esq., O’Laughlin 67
CALIFORNIA WATER NEWS
Proposed Water Deal Between Mexico and the U.S. May Signal a Change for Water Deliveries on the Colorado River System73
New Stanford University Study Finds Snowpack Shrinking Faster than Previously Believed74
LAWSUITS FILED OR PENDING
U.S. District Court in California Allows Lawsuit Challenging Water Export Reduction Order to Proceed on the Merits76
Lawsuit Seeks to Compel More Comprehensive Analysis for Hydraulic Fracturing Mining Permits while the State Legislature Proposes More Disclosure of Fracking Details77
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Eleventh Circuit Decides It Lacks Original Jurisdiction to Review an EPA Rule that Exempts Water Transfers from Regulation under the NPDES Permitting Program80
Friends of the Everglades et. al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-13652-C (11th Cir. Oct. 26, 2012).
District Court:
District Court Upholds Designation of Santa Ana Sucker Endangered Species Act Critical Habitat82
Bear Valley Mutual Water Co., et al., v. U.S. Fish and Wildlife Service/Salazar, ___F.Supp.2d___, Case No. 8:11-CV-01263 (C.D. Cal. Oct 17, 2012).
District Court Finds City’s Claims Against Dry Cleaning Equipment Manufacturer Untimely under
CERCLA’s Discovery Rule84
Lewis v. Russell, ___F.Supp.2d___, Case No. 2:03-2646 (E.D. Cal. Oct. 3, 2012).
RECENT STATE DECISIONS
District Court of Appeal:
Second District Upholds Resolution Prohibiting Discharge of Waste from Septic Tanks87
Citizens for Clean Water v. Central Coast Regional Water Quality Control Board, unpub., Case No. B231945 (2nd Dist. Oct. 25, 2012).
Third District Finds Indirect Pollutant Discharge through Ephemeral Drainages without Permit Violates the Clean Water Act—Even if Drainages Not ‘Waters of the United States’89
Garland v. Central Valley Regional Water Quality Control Board, California, ___Cal.App.4th___, Case No. C067130 (3rd Dist. Oct. 24, 2012).
Fourth District Holds General Contractor Lacks Standing to Sue Water Company90
Hansen Construction v. Meadowcreek Mutual Water Co., unpub., Case No. E053620 (4th Dist. Oct. 18, 2012).
Fourth District Invalidates CEQA EIR for Failure to Adequately Analyze Water Supply Impacts92
Preserve Wild Santee v. City of Santee, ___Cal.App.4th__, Case No. D055215 (4th Dist. Oct. 19, 2012).
