FEATURE ARTICLE
The Rapanos Decision Revisited—EPA and the Corps of Engineers’ Proposed Rule Will Attempt to Clarify ‘Waters of the United States’ by Paul L. Noto, Esq., Patrick, Miller, Kropf and Noto, P.C., Aspen, Colorado and S. Chapin Lewis, Esq., Colorado215
CALIFORNIA WATER NEWS
Public Policy Institute of California Releases Report Summarizing the Cost of Addressing Water Infrastructure Needs219
Drought and Subsidence Draw Attention to the Growing Need to Better Manage California’s Groundwater Supply220
Santa Barbara Group Files Voter Initiative to Ban ‘Fracking’223
LEGISLATIVE DEVELOPMENTS
Water Rights Protection Act Passes through the House of Representatives—Moves to the Senate225
Congressional Representatives Introduce Legislation for New and Expanded California Water Storage226
Update on the 2014 California Water Bond Bills228
REGULATORY DEVELOPMENTS
U.S Army Corps of Engineers Revisits Levee Vegetation Removal
Policy230
Changes to FEMA’s National Flood Insurance Program Focus on Premium Affordability and Risk-Based Rates Modification231
LAWSUITS FILED OR PENDING
Tulare Superior Court Enjoins Landowner from Pumping Groundwater for Use on Property that Does Not Overlie the Groundwater Basin234
RECENT FEDERAL DECISIONS
District Court:
District Court Defines ‘Imminent and Substantial Endangerment’ in RCRA Contamination Case Involving PCE at Dry Cleaning Site236
H & H Holding, L.P. v. Lee, ___F.Supp.2d___, Case No. 12-5433 (E.D. Pa. Mar. 6, 2014).
Court of Federal Claims:
Claims Court Rules that Denial of a Clean Water Act Section 4 Permit Constitutes a Categorical ‘Taking’ under the Lucas and Penn Central Decisions238
Lost Tree Village Corporation v. U.S., Case No. 08-117l (Fed.Cl. Mar. 14, 2014).
RECENT STATE DECISIONS
Superior Court:
Sacramento Superior Court Issues CEQA Rulings in Cases Challenging the ‘Monterey Amendments’ and Kern Water Bank240
Central Delta Water Agency et al. v. California Department of Water Resources, et al., Case 34-2010-80000561 (Sacramento Super. Ct.); Rosedale-Rio Bravo Water Storage District, et al. v. Department of Water Resources, Case 34-2010-80000703 (Sacramento Super. Ct.).
