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California Water Law & Policy Reporter

October 2016

Volume 27, Number 1 October 2016


Paying for Clean Water—California is Required to Provide Funding for Local Stormwater Programs by Rebecca Andrews, Esq., Best Best 3


President Obama Outlines New Salton Sea Initiatives and Stepping Up Federal Commitment for Protection and Preservation9

Environmental Groups File Notices of Intent to Sue Targeting Government Agencies for Alleged Endangered Species Act Violations10


California Legislature Passes Senate Bill 1425 Creating Voluntary Water-Energy Nexus Registry to Help California Water Users Fight Climate



State Water Resources Control Board Ponders Widespread Criticism of Its Proposed New Program to Regulate Wetlands14

State Water Resources Control Board Releases Proposed Increased Flow Objectives for San Joaquin River Tributaries15

California Water Commission to Consider Revised Regulations on Eligibility of Water Storage Projects for Proposition 1 Funding18


Circuit Court of Appeals:

Eleventh Circuit Approves Different Requirements for Grandfathered Clean Water Act Permits—Upholds Nationwide Permit for Surface Coal Mining20

Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 15-14745 (11th Cir. Aug. 12, 2016).

D.C. Circuit Finds It Cannot ‘Rescue’ the Federal Government from Overpayment of CERCLA Remediation Costs that Were Made via Contractual Agreement22

Lockheed Martin Corporation v. U.S., ___F.3d___, Case No. 14-5302 (D.C. Cir. Aug. 19, 2016).

Ninth Circuit Requires the Bureau to Consider Environmental Impacts of Reduced Deliveries under Water Service Interim Renewal Contracts24

Pacific Coast Federation of Fishermen’s Associations, et al. v. U.S. Bureau of Reclamation, et al., Case No. 14-15514, Unpub. (9th Cir. July 25, 2016).

District Court:

District Court Dismisses California Cities’ PCB Discharge Claims for Stormwater Runoff into San Francisco Bay26

City of San Jose, et al. v. Monsanto Co., et al., ___F.Supp.3d___, Case No. 5:15-cv-03178-EJD (N.D. Cal. Aug. 22, 2016).


Supreme Court:

California Supreme Court Rejects Federal Preemption Challenges—Upholds State Law Restrictions on Suction Dredge Mining on Federal Land28

People v. Rinehart, ___Cal.5th___, Case No. S222620 (Cal. Aug. 22, 2016).