FEATURE ARTICLE
The Federal Circuit’s Decision in Casitas: Does the Takings Clause Apply to Water Rights? by Roderick E. Walston, Best Best 259
REGULATORY DEVELOPMENTS
California Fish and Game Commission Adopts Salmon Regulations for
2013265
State and Regional Water Boards Meet to Form Mercury Pollution
Policy266
While the Debate Continues over Which State Agency Should Be in Charge of California’s Drinking Water Program, EPA Issues Notice of Non-Compliance268
LAWSUITS FILED OR PENDING
California Department of Fish and Wildlife Appeals Adverse Ruling in Fish and Game Code Section 1602 Litigation.272
California Water Agency Challenges in U.S. District Court Regulation Prohibiting Charges for Lessees on Tribal Land273
District Court Approves Settlement Agreement Pointing towards Stricter Water Quality Standards for Temperature in Oregon Waters276
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
D.C. Circuit Finds Energy Industry Association Lacked Standing to Intervene in Clean Water Act Suit against EPA278
Defenders of Wildlife, et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-5122 (D.C. Cir. Apr. 23, 2013).
Ninth Circuit Rules that the Department of the Interior’s Delay in Providing Drainage Is Not Action-
able280
Firebaugh Canal Water District v. U.S., ___F.3d___, Case No. 11-17715 (9th Cir. Apr. 5, 2013).
District Court:
To Frack or Not to Frack: That Is the Question in California—District Court Strikes Down BLM Approved Oil and Gas Leases282
Center for Biological Diversity, et al. v. U.S. Bureau of Land Management, et al., ___F.Supp.2d___, Case No. C-11-06174 PSG (N.D. Cal. Mar. 31, 2013).
RECENT STATE DECISIONS
District Court of Appeal:
Fifth District Rules Holders of Pre-1914 Rights to Kern River Failed to Demonstrate They Are Beneficially Interested Parties to Challenge Administrative Order285
North Kern Water Storage District et al., v. State Water Resources Control Board; City of Bakersfield, Real Party in Interest, Case No. F063989, Unpub. (5th Dist. Apr. 18, 2013).
