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California Water Law & Policy Reporter

August/September 2016

Volume 26, Number 11 August/September 2016

FEATURE ARTICLE

Citizen-Suit Litigation and the Recent Storm Water Regulations—Eight Ways California Facilities Can Avoid Citizen-Suit Litigation under the Clean Water Act by Kirk A. Wilkinson, Esq. and Garrett L. Jansma, Esq., Latham 295

CALIFORNIA WATER NEWS

Environmental Groups Provide Army Corps of Engineers With Notice of Intent to Sue Over Alleged Endangered Species Act Violations300

California Water Conservation Update301

Coachella Valley Water District Votes to Approve Guidelines to Allow Colorado River Water Use in a Larger Area than Previously Permitted302

LEGISLATIVE DEVELOPMENTS

California Senate Bill Would Require Some Water Suppliers to Penalize Excessive Water Use304

REGULATORY DEVELOPMENTS

State Water Resources Control Board Issues Preliminary Draft Procedures for Discharges to Waters of the State306

State Water Resources Control Board Considers Limits on Pesticide Byproduct in Drinking Water308

LAWSUITS FILED OR PENDING

New Lawsuit Challenges the Bureau of Reclamation’s EIS Regarding Changes to Coordinated Central Valley Project Operations under Biological

Opinions310

Wishtoyo Foundation Files Suit against the State Water Resources Control Board’s Recycled Water General Order312

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

D.C. Circuit Upholds EPA’s ‘Backstop’ Authority to Revoke Corps’ Clean Water Act Permit Due to ‘Unacceptable Adverse Effects’ on Wildlife315

Mingo Logan Coal Company v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-5305 (D.C. Cir. July 19, 2016).

RECENT STATE DECISIONS

Supreme Court:

California Supreme Court Finds State Officials May Conduct Pre-Condemnation Environmental and Geological Activities on Privately Owned Delta

Lands317

Property Reserve, Inc. v. Superior Court, ___Cal.4th___, 204 Cal.Rptr.3d 770 (Cal. July 21, 2016).

Superior Court:

Superior Court Rejects Use of Referendum to Stop Urgency Water Rate Increase320

Ebinger v. Yorba Linda Water District, Case No. 30-2016-00829548-CU-JR-CJC (Orange Co. Super. Ct. July 2016).