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California Water Law & Policy Reporter

December 2016

Volume 27, Number 3 December 2016


City Faces Federal Lawsuit from U.S. EPA and State Agency over Alleged Failure of Its Stormwater Program, Noncompliance with Discharge Permit, and Water Quality Violations67

California Lays Groundwork for Implementing First-Ever Permanent, Budget-Based Water Use Conservation Targets68


Newly Enacted AB 935 Directs DWR to Award Funding for Reverse Flow Pump-Back Facilities on the San Joaquin River71


Department of Water Resources Releases Draft Best Management Practices for Groundwater Management73

State Water Resources Control Board Releases Draft Scientific Basis Report for Potential New Delta Inflow and Outflow Requirements for Phase II of Bay-Delta Plan Update75


Friant Division Water Contractors File Takings Claim against the United States78

State Agencies File Motion for Rehearing on the California Supreme Court’s Decision Regarding Stormwater Management and Reimbursement to Local Agencies79


Court of Appeals:

Ninth Circuit Upholds Use of Climate Change Predictive Models as a Basis for Listing Species under the Federal Endangered Species Act82

Alaska Oil and Gas Association v. Prizker, ___F.3d___, Case Nos. 14-35806, 14-35811 (9th Cir. Oct. 24, 2016).

District Court:

District Court Rejects Monsanto’s Attempt to Dismiss City of Spokane’s Claims Related to PCBs in the Spokane River84

City of Spokane v. Monsanto Co., et al., ___F.Supp.3d___, Case No. 2:15-CV-00201-SMJ (E.D. Wash. Oct. 26, 2016).

District Court Finds Railroad Coal Discharge Directly into U.S. Waters Was a ‘Point Source’ under the Clean Water Act86

Sierra Club, et al. v. BNSF Railway Company, ___F.Supp.3d___, Case No. C13-967-JCC (W.D. Wa. Oct. 25, 2016).


District Court of Appeal:

First District Court Distinguishes Due Process Rights in Administrative and Judicial Proceedings in Coastal Land Oyster Harvesting Case88

Drakes Bay Oyster Co. v. California Coastal Commission, ___Cal.App.5th___, Case No. A142820 (1st Dist. Oct. 28, 2016).

First District Court Denies Attorney Fees where Litigation Costs Did Not Transcend Water District’s Financial Incentive in Challenging Cease and Desist Order89

Millview County Water District, et al. v. State Water Resources Control Board, ___Cal.App.5th___, Case No. A145428 (1st Dist. Oct. 26, 2016).