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California Water Law & Policy Reporter

May 2013

Volume 23, Number 8 May 2013


Big Deal—The Ninth Circuit May Yet Preserve the Bargain that Made the CVP by Steve Saxton, Downey Brand, LLP, Sacramento227


U.S. Fish and Wildlife Service Announces Five-Year Plan to List Hundreds of New Endangered Species under the Federal Endangered Species Act233

Federal and California State Agencies Release Draft Chapters of Bay-Delta Conservation Plan234

State Water Resources Control Board Issues Draft Review of Monterey Peninsula Water Supply Project236

Oregon Water Resources Department Completes Klamath River Basin Adjudication238


District Court Grants Government Partial Remand Extension to Complete Biological Opinions for Central Valley and State Water Projects240

City of Davis Sued over Water and Sewer Rates242


U.S. Supreme Court:

U.S. Supreme Court Concludes Clean Water Act NPDES Permit Not Required for Channeled Storm Water Discharges from Logging Roads244

Decker v. Northwest Environmental Defense Center, Case No. 11-338, consolidated with Georgia-Pacific West, Inc. v. Northwest Environmental Defense Center, 568 U.S.___, Case No. 11-347 (Mar. 20, 2013).

Circuit Court of Appeals:

Eighth Circuit Finds EPA Wastewater Rules in Guidance Letters Exceed Statutory Authority and Violate Agency Rulemaking Procedure246

League of Iowa Cities v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-3412 (8th Cir. Mar. 25, 2013).

District Court:

District Court Recommends Remand of Water Contract Dispute to State Court248

Merced Irrigation District v. County of Mariposa, ___F.Supp.2d___, Case No. 1:12-cv-01645-LJO-SKO (E.D. Cal. Mar. 4, 2013).


District Court of Appeal:

Fifth District Finds Kern County Ballot Measure Banning Biosolids Preempted by State Law250

City of Los Angeles v. County of Kern, ___Cal.App.4th___, Case No. F063381 (5th Dist. Mar. 12, 2013).

Second District Holds City Can Locate Its Sewer Line on Unincorporated County Property without Agreement from the County252

County of Los Angeles v. City of Los Angeles, 214 Cal.App.4th 643 (2nd Dist. Mar. 14, 2013).