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California Water Law & Policy Reporter

July 2016

Volume 26, Number 10 July 2016

FEATURE ARTICLE

The U.S. Supreme Court Holds that Landowners Can Sue the Army Corps of Engineers to Challenge Its Jurisdictional Determinations under the Clean Water Act by David Ivester, Esq. and Peter Prows, Esq. Briscoe, Ivester 263

CALIFORNIA WATER NEWS

Hoopa Valley Tribe Files Notice of Intent to Sue the Bureau and NMFS over Alleged Endangered Species Act Violations268

REGULATORY DEVELOPMENTS

Department of Water Resources Adopts Final Groundwater Sustainability Plan Regulations270

State Water Board Publishes Final Guidelines for Groundwater Sustainability Grant Program273

State Water Board to Consider Revisions to Drinking Water Fee Regula-

tions275

State Water Board Issues Revised Hearing Schedule and Petitioners Submit Written Testimony and Exhibits for California WaterFix Project277

LEGISLATIVE DEVELOPMENTS

Representative Costa Introduces Bill in Congress to Implement the San Luis Drainage Agreements279

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Finds Local Controversy Exception Requirements Met in Dispute over Groundwater Contamination281

Allen v. Boeing Co., ___F.3d___, Case No. 16-35175 (9th Cir. May 5, 2016).

District Court:

District Court Holds that EPA’s Actions Blocking Clean Water Act Permit Did Not Constitute ‘Final Agency Action’ under the APA283

Marquette County Road Commission v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 2:15-CV-93 (W.D. Mi., May 18, 2016)

RECENT STATE DECISIONS

District Court of Appeal:

Fourth District Court Upholds Project Approvals and Environmental Review for Cadiz Valley Water Project286

Center for Biological Diversity v. County of San Bernardino, 247 Cal.App.4th 326 (4th Dist. 2016, as modified May 18, 2016); Delaware Tetra Technologies, Inc. v. County of San Bernardino, 247 Cal.App.4th 352 (4th Dist. 2016).

Superior Court:

Sacramento Superior Court Issues Ruling in the Delta Stewardship Council Cases288

Delta Stewardship Council Cases, Judicial Council Coordination Proceeding No. 4758 (Sac. Super. Ct. May 18, 2016).