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California Water Law & Policy Reporter

February 2014

Volume 24, Number 5 February 2014


Governor Brown Declares State of Emergency—Drought Declaration Can Provide Tools, Funds for Dealing with Dry Conditions—But Not Rain123

California Prepares for Climate Change with an Update to its Climate Adaptation Strategy125

California American Water Company Looks to Two Potential Sources of Water Supply in Monterey County126


U.S. Bureau of Reclamation Issues Draft Appraisal Report for Expanding Capacity of the San Luis Reservoir128

U.S. Bureau of Reclamation Releases Progress Report on Sites


National Marine Fisheries Service Issues Final Rule Regarding Reintroduction of Spring-Run Chinook Salmon to the San Joaquin River131

Bay Delta Conservation Plan Draft Released along with Draft Environmental Impact Report/Statement for Public Review133


New Orleans Authorities at Odds Over Lawsuit Seeking Billions in Damages from Industry for Wetlands Losses135


Circuit Court of Appeals:

Ninth Circuit Upholds Grant of Summary Judgment to Army Corps under the Clean Water Act and National Environmental Policy Act137

Jones III v. National Marine Fisheries Service, ___F.3d___, Case No. 11–35954 (9th Cir. Dec. 20, 2013).

District Court:

Willits Bypass Project Breeds Dispute—District Court Defers to the Corps and Caltrans in the Face of Clean Water Act and NEPA Challenges139

Center for Biological Diversity v. California Department of Transportation, ___F.Supp.2d___, Case No. 12-cv-02172-JSW (N.D. Cal. Dec. 19, 2013).

District Court Dismisses As Premature Challenge to Potential Chesapeake Bay Clean Water Act TMDL Water Pollution Trading Program141

Food and Water Watch and Friends of the Earth v. U.S. Environmental Protection Agency, et al., ___F.Supp.2d___, Case No. 12-1639 (D. D.C. Dec. 13, 2013).

District Court Finds Marine Terminal Not Required to Obtain a Clean Water Act NPDES Permit for Industrial Activities143

San Francisco Baykeeper v. Levin Enterprises, ___F.Supp.2d___, Case No. C-12-04338-EDL (N.D. Cal. Dec. 18, 2013).

Federal Court of Claims:

Federal Claims Court Holds that the U.S. Army Corps’ Failure to Adjust Wetlands Credit Composition Exposes It to Contractual Liability and Presumed Monetary Damages145

Davis Wetlands Bank, LLC. v. U.S., ___F.Supp.2d___, Case No. 13-268 C (Fed. Ct. Cl. Dec. 16, 2013).


District Court of Appeal:

Fourth District Court Finds CEQA Mitigation Measures Addressing Groundwater Inadequate for Imperial County Gypsum Manufacturer148

Sierra Club v. Imperial County, Unpub., Case No. D062545 (4th Dist. Dec. 16, 2013).