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

California Water Law & Policy Reporter

June 2017

Volume 27, Number 9 June 2017


Aging California Flood Control Infrastructure: A Local Perspective by Andrea P. Clark, Esq. and Scott L. Shapiro, Esq., Downey Brand LLP, Sacramento, California239


Governor Brown Issues Executive Order B-40-17 Declaring an End to Drought Restrictions but Confirms State’s Commitment to Long-Term Water Conservation243

City of Antioch Files Claim against California Department of Water Resources over State Water Project Operations and California WaterFix Pro-



California Agencies Release Final Report Proposing Long-Term Framework Implementing Governor’s Directive to ‘Make Water Conservation a California Way of Life’246

State Water Resources Control Board Adopts Fee Schedule for Intervention Activities under the Sustainable Groundwater Management Act248


Circuit Court of Appeals:

D.C. Circuit Concludes Exemption 9 of the Freedom of Information Act Includes Water Wells250

AquAlliance v. U.S. Bureau of Reclamation, ___F.3d___, Case No. 15-5325 (D.C. Cir. May 9, 2017).

Ninth Circuit Finds It Lacked Jurisdiction to Review EPA Draft Permit Objection Letter That Did Not Promulgate Clean Water Act Effluent Limitat-


Southern California Alliance of Publicly Owned Treatment Works v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-74047 (9th Cir. Apr. 12, 2017).

Ninth Circuit Denies Rehearing In Washington State Culvert Case Involving Tribal Fishing Rights—Continuation of Litigation Dating Back to 1970254

U.S. v. Washington, 853 F.3d 946 (9th Cir. 2017); Reh. Denied (9th Cir. May 19, 2017).

District Court:

District Court Rules the Clean Water Act Authorizes Citizen Suits against Anyone that Is Currently Violating Certification under Section 401257

Deschutes River Alliance v. Portland General Electric Company, ___F.Supp.3d___, Case No. 3:16-cv-1644-SI (D. Or. Mar. 27, 2017).

District Court Allows Port to Pursue Negligence, Nuisance, and Other Claims against Monsanto Corporation for PCB Manufacturing259

Port of Portland v. Monsanto Co. et al., ___F.Supp.3d___, Case No. 3:17-CV-15-PK (D. Or. Apr. 18, 2017).

District Court Orders Corps of Engineers to Honor State Water Quality Interpretation260

State of Ohio v. U.S. Army Corps of Engineers, ___F.Suppp.3d___, Case No. 1:15-CV-679 (N.D. Ohio May 5, 2017).


District Court of Appeal:

First District Court Rules That Issuance of Erosion-Control Permit under County Ordinance Was a Ministerial Act, Exempt from CEQA262

Sierra Club v. County of Sonoma, ___Cal.App.5th___, Case No. SCV-255465 (1st Dist. Apr. 21, 2017).