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California Water Law & Policy Reporter

October 2014

Volume 25, Number 1 October 2014


California Transforms Groundwater Management Law and Policy—Five Key Changes and Opportunities to Shape Their Implementation by Michele A. Staples, Esq., Jackson, DeMarco, Tidus 3


United States and Mexico Preparing an Amendment to Historic Water Treaty to Address Pollution in Tijuana River Watershed10


California Legislature Approves and Governor Brown AB 1471: ‘The Water Quality, Supply and Infrastructure Improvement Act of 2014’12


EPA Issues Formal Comment Letter Regarding Bay Delta Conservation Plan Draft EIS—Finds It Likely Will Violate Federal Law14


EPA Settlement Reinstates Pesticide-Free Buffer Zones in California, Oregon and Washington16

Litigation Filed in the Federal District Court in D.C. Challenging the Operation of Hetch Hetchy Reservoir—Alleging Violations of NEPA and the Endangered Species Act18


Court of Appeals:

Ninth Circuit Reverses Dismissal of Asarco’s CERCLA Section 113(f) Contribution Claim Related to Coeur d’Alene River Watershed Due to Ambiguity in an Earlier Settlement Agreement20

Asarco, LLC v. Union Pacific Railroad Company, ___F.3d___, Case No. 13-35356 (9th Cir. Aug. 27, 2014).

Ninth Circuit Rejects Rehearing Request and Issues Amended Opinion Upholding Quantification Settlement Agreement EIS22

People of the State of California ex rel. Imperial County Air Pollution Control District, et al. v. U.S. Department of the Interior, et al., ___F.3d___, Case Nos. 12-55856 and 12-55956 (9th Cir. Aug 1, 2014).

Federal Circuit Holds Bureau of Reclamation’s Breach of Water Supply Contracts May Justify an Award of Expectancy Damages to Water District25

Stockton East Water District, et al., v. U.S., ___F.3d___, Case No. 2013-5078 (Fed. Cir. Aug. 1, 2104).


District Court of Appeal:

Fifth District Court Partially Rejects Malicious Prosecution Claim Based on Alleged Misrepresentation and Breach of Contract to Transfer Land-Water District to Private Company27

Smeed v. Galtar, Case No. F067110, unpub., (5th Dist. Aug. 19, 2014).

Superior Court:

Sacramento County Superior Court Finds Regional Water Quality Control Board Violated the Clean Water Act in Issuing Wastewater Discharge Permit to Local Water District28

California Sportfishing Protection Alliance v. California Regional Water Quality Control Board, Central Valley Region, Case No. 34-2013-80001358-CU-WM-GDS (Sac. Super. Ct. 2014).

Solano County Superior Court Dismisses Challenge to City of Vallejo’s Water Rates for Costs of a Local Water System Imposed on Non-Residents30

Green Valley Landowners Association v. City of Vallejo, Case No. FCS042938 (Solano Super. Ct. Aug. 18, 2014).