Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

California Water Law & Policy Reporter

April 2017

Volume 27, Number 7 April 2017


President Trump’s Executive Order Seeks Revision Limiting Scope of ‘Waters of the United States’ under the Clean Water Act179


California Bill to Restructure Water Management Introduced in State


Proposed ‘Preserve California’ Legislation Seeks to Safeguard California from Anticipated Enironmental Cutbacks and Eliminations from the Trump



U.S. Bureau of Reclamation Releases Partial Initial 2017 Central Valley Project Water Supply Allocation, Sparking Mixed Reactions from


U.S. Bureau of Reclamation Releases Fremont Weir Adult Fish Passage Modification Project Draft Environmental Documents187

California Department of Water Resources Surveys Confirm Highest Sierra Snowpack Levels in Decades—But Is the Drought Over?189


Circuit Court of Appeals:

D.C. Circuit Finds It Lacks Jurisdiction to Review EPA’s Decision to Not Follow Eighth Circuit Clean Water Act Precedent191

Center for Regulatory Reasonableness v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1150 (D.C. Cir. Feb. 28, 2017).

Divided Fifth Circuit Decides Areas Uninhabitable by a Species May Nonetheless Be Designated that Species’ ‘Critical Habitat’ under the ESA192

Markle Interests, L.L.C., et al. v. U.S. Fish and Wildlife Service, et al., ___F.3d___, Case Nos. 14-31008, Cons. with 14-31021 (5th Cir. Feb 13, 2017).

Ninth Circuit Confirms Bureau of Reclamation Has Broad Authority to Release Water from Trinity River for Downstream Fish Benefits194

San Luis and Delta-Mendota Water Authority v. Haugrud, ___F.3d___, Case No. 14-17493 (9th Cir. Feb. 21, 2017).

District Court:

District Court Rejects City’s Challenge to Clean Water Act TMDL for Lack of Standing and Ripe-


City of Kennett v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 1:14-CV-33-SNLJ (E.D. Mo. Feb. 28, 2017).


Supreme Court:

California Supreme Court Rules Public Employees and Officials’ Personal Email Accounts Are Not Beyond Reach of the Public Records Act199

City of San Jose v. Superior Court, ___Cal.5th___, Case No. S218066 (Mar. 2, 2107).

District Court of Appeal:

First District Court Expounds upon ‘Full Text Rule’ for Initiatives—Deals Blow to County Initiative to Protect Oak Woodlands201

Wilson v. County of Napa, ___Cal.App.5th___, Case No. A149153 (1st Dist. Feb. 28, 2017).