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California Water Law & Policy Reporter

January 2017

Volume 27, Number 4 January 2017


Salton Sea Receives State Funding for Restoration While Imperial Irrigation District Issues Ultimatum95


U.S. Department of the Interior Releases Final Proposed Plan for Oil and Gas Leasing on Outer Continental Shelf97

State Agencies Release Draft Report Identifying Expansive Regulatory Framework for California’s Future Water Conservation Requirements98

California Water Commission to Consider Revised Regulations on Eligibility of Water Storage Projects for Proposition 1 Funding100


Class Action Lawsuit Tests Constitutional Limits of Tiered Rates and Penalties Imposed for Excessive Water Use102

Lawsuit Targets Another Napa County Reservoir for Allegedly Diverting Excessive Water and Harming Fish Habitat104


Court of Appeals:

Sixth Circuit Remands Professional Negligence Case Arising from the Flint Water Crisis to State Court106

Jennifer Mason et al. v. Lockwood, Andrews & Newnam, P.C., et al., ___F.3d___, Case No. 16-2313 (6th Cir. Nov. 16, 2016).

Ninth Circuit holds that Tahoe Regional Plan Adequately Addressed Localized Effects of Runoff from ‘Concentrated Development’108

Sierra Club v. Tahoe Regional Planning Agency, 840 F.3d 1106 (9th Cir. 2016).

Fifth Circuit Reverses and Remands District Court’s Summary Judgment on Whether Land Constituted Waters of the United States110

U.S. v. Lipar, et al., ___F.3d___, Case No. 15-20625 (5th Cir. Nov. 7, 2016).

Sixth Circuit Holds Reasonable but Mistaken Belief in Contract Obligation in Fracking Dispute Cannot Give Rise to Liability under False Claims Act111

U.S. v. Muskingum Watershed Conservancy District, ___F.3d___, Case No. 15-4460 (6th Cir. Nov. 21, 2016).

District Court:

District Court Rejects Maine’s Challenge to EPA Disapproval of Water Quality Standards under the Clean Water Act113

State of Maine, et al., v. Gina McCarthy, et al., ___F.Supp.3d___, Case No. 1:14-cv-00264-JDL (D. Me. Nov. 18, 2016).


Superior Court:

Superior Court Rules that Groundwater Quality Monitoring Results Must Be Released to the Pub-


Zamora et al. v. Central Coast Regional Water Quality Control Board, Case No. 15CV-0247 (San Luis Obispo Super. Ct. Oct. 28, 2016).