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California Water Law & Policy Reporter

April 2015

Volume 25, Number 7 April 2015


Assembly Bill 291 Proposes Streamlined Environmental Notification Requirements for Large Water Projects187

Sustainable Groundwater Management Act Kicks in Prompting the Formation of Local Sustainability Agencies to Avoid Direct State Management188


U.S. Bureau of Reclamation Finds No Significant Impact for Trap and Haul Operation in Conjunction with San Joaquin River Settlement Agree-


State Water Resources Control Board Orders Senior Water Rights Holders to Submit Documentation Supporting Rights to Divert Water and Amounts of Diversion191

California’s Division of Oil, Gas and Geothermal Resources Acknowledges Improper Injection of Oil Production Wastewater into Protected Aqui-



Center for Biological Diversity Files Lawsuit Alleging U.S. Department of the Interior Violated Federal Law when It Issued Permits for Offshore ‘Fracking’196

Center for Environmental Science Files Lawsuit Against Water Treatment Plant Alleging Ammonia Discharges into the Delta Violate the Endangered Species Act197


Circuit Court of Appeals:

Fourth Circuit Applies Three-Part Analysis to Significant Nexus Test for Clean Water Act Jurisdic-


Precon Development Inc v. U.S. Army Corps of Engineers, Unpub., Case No. 13-2499 (4th Cir. Mar. 10, 2015).

District Court:

District Court Finds Gasoline Manufacturers Are Not Responsible Parties for Release of MTBE in CERCLA Litigation200

City of Merced Redevelopment Agency v. Exxon Mobil Corp et al., ___F.Supp.3d___, Case No. 1:08-cv-714-LJO-GSA (E.D. Cal 2015).

District Court Rules in Favor of PG202

Ecological Rights Foundation v. Pacific Gas and Electric Company, ___F.Supp.3d___, Case No. 10-cv-00121-RS (N.D. Cal. 2015).

District Court Finds Environmental Group Has Standing to Sue Gas Company under the Clean Water Act and RCRA for Century-Old Hazardous Waste Contamination204

San Francisco Herring Association v. Pacific Gas and Electric Company, ___F.Supp.3d___, Case No. 14-cv-0493-WHO (N.D. Cal. Feb. 26, 2015).


California Supreme Court:

California Supreme Court Declines to Decide Whether the Public Trust Doctrine Applies to Groundwater Extractions206

County of Siskiyou v. Superior Court of Sacramento County (Environmental Law Foundation), Case No. S220764, petition denied (Cal. Feb. 18, 2015).

District Court of Appeal:

Third District Court Considers Environmental Review of the California Department of Fish and Wildlife’s Fish Hatchery and Stocking Program208

Center for Biological Diversity v. California Department of Fish and Wildlife, ___Cal.App.4th___, Case No. C072486 (3rd Dist. Feb 10, 2015).