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California Water Law & Policy Reporter

November 2014

Volume 25, Number 2 November 2014


State Water Resources Control Board Announces $1.66 Million Settlement of Suit Alleging Chevron Overbilled for Underground Storage Tank Clea-



U.S. House of Representatives Passes Bill to Restrict Federal Clean Water Act Rulemaking37


U.S. Fish and Wildlife Service Announces Final Restoration Plan for Salton Sea National Wildlife Refuges39

State Water Resources Control Board Continues Actions to Address Ongoing Drought41

State Water Resources Control Board Denies Petitions for Reconsideration of Temporary Urgency Change Petition Order, with Modifications43


California Water Interests Seek United States Supreme Court Review of Ninth Circuit Decision Upholding Delta Smelt Opinion46

Santa Barbara Channelkeeper Files Complaint against the SWRCB and the City of Ventura over Water Pumping and Water Diversions From the Ventura River47


Court of Appeals:

Ninth Circuit Reverses District Court, Finding that Discharges of Coal into Resurrection Bay, Alaska Violated the Clean Water Act49

Alaska Community Action on Toxics v. Aurora Energy Services, LLC, ___F.3d___, Case No. 13-35709 (9th Cir. Sept. 3, 2014).

Ninth Circuit Holds California Lacks the Authority to Impose State Environmental Standards on U.S. Department of Energy Cleanup Activities50

Boeing Company v. Maziar Movassaghi, Acting Director of the California Department of Toxic Substances Control, ___F.3d___, Case No. 11-55903 (9th Cir. Sept. 19, 2014).

Fourth Circuit Limits ‘Permit Shield’ Defense to Actions under the Clean Water Act53

Southern Appalachian Mountain Stewards v. A&G Coal Corporation, 758 F.3d 560 (4th Cir. 2014).

District Court:

District Court Finds Water District Is Barred from Bringing Suit against Oil Companies for Groundwater Contamination due to Prior Prosecution55

In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___, Case No. 04 Civ. 4968 (S.D. N.Y. Sept. 16, 2014).


District Court of Appeal:

Two California Appellate Decisions Clarify Recoverable Record Preparation Costs to Prevailing Public Entities57

Coalition for Adequate Review v. City and County of San Francisco, 229 Cal.App.4th 1043 (1st Dist. 2014); Otay Ranch, L.P. v. County of San Diego, ___Cal.App.4th___, Case No. D064809 (4th Dist. Sept. 29, 2014).

Fourth District Court Absolves Shell Oil Company of Liability in Groundwater Contamination Suit59

Judicial Council Coordination Proceedings 4435- TPC Cases, Case No. E052246, Unpub. (4th Dist. Sept. 9, 2014).

First District Court Clarifies the Law Regarding Forfeiture and the SWRCB’s Jurisdiction over Pre-1914 Water Rights61

Millview County Water District v. State Water Resources Control Board, 229 Cal.App.4th 879 (1st Dist. 2014).