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California Water Law & Policy Reporter

April 2014

Volume 24, Number 7 April 2014


Competing Bills Pending in Congress Address California’s Drought183

Endangered Species Act Congressional Working Group Issues Report, Recommends Changes185

California Passes Emergency Drought Relief Legislation187

California’s Legislative Analyst’s Office Criticizes Governor Brown’s Budget Proposal for the Water Action Plan188


State Water Resources Control Board Takes Action in Response to Governor’s Declaration of Drought191

State Water Resources Control Board Issues Order for Temporary Urgency Changes to Central Valley Project and State Water Project Operations193

California Central Valley Project and State Water Project Allocations Drop to Zero195

New California Drinking Water Standards for Hexavalent Chromium Expected In 2014196


U. S. Supreme Court Denies Petition for Certiorari on Ninth Circuit’s Ruling against Water Districts’ Claims that the U.S. Failed to Provide Adequate Drainage in the CVP198

Landowners File Federal Takings Suit Against the Army Corps, Seeking Compensation for Damages Caused by Flooding200


Circuit Court of Appeals:

Fifth Circuit Finds that Local Jurisdictions’ Police Powers Are Preempted by Federal Clean Water Act in Deepwater Horizon Litigation202

In Re: Deepwater Horizon, ___F.3d___, Case No. 12-30012 (5th Cir. Feb. 24, 2014).

Ninth Circuit Upholds Biological Opinion’s Restrictions on California Delta Pumping to Protect Delta Smelt204

San Luis & Delta-Mendota Water Authority v. Jewell, ___F.3d___, Case No. 11-15871 (9th Cir. Mar. 13, 2014).

District Court:

District Court Bars Reliance on Environmental Law Theory of Liability Not Disclosed in Response to Contention Interrogatories205

In re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___, Case No. 1:00-cv-01898-SAS-DCF (S.D. N.Y. Feb. 6, 2014).

District Court Finds United States Is Liable for Munition Facility’s CERCLA Cleanup Costs207

Whittaker Corp. v. U.S., ___F.Supp.2d___, Case No. CV 13-1741 FMO (C.D. Cal. Feb. 10, 2014).


Superior Court:

San Francisco Superior Court Holds Metropolitan Water District’s Water Rates Are Improper209

San Diego County Water Authority v. Metropolitan Water District of Southern California, Case Nos. CPF-10-510830/12-512466 (San Francisco Super. Ct. (Feb. 25, 2014).