FEATURE ARTICLE
California WaterFix: A Road Map by Austin C. Cho, Esq. and Meredith E. Nikkel, Esq., Downey Brand LLP, Sacramento, California295
REGULATORY DEVELOPMENTS
Will EPA and the U.S. Army Corps of Engineers Do the Two-Step with ‘Waters of the United States’ Revision?301
State Water Resources Control Board Publishes Final Draft for Proposed Rule Regarding New Wetlands Regulations, Permitting Procedures302
Prompted by the Oroville Dam Crisis, California Department of Water ResourcesOrders Inspection of Nearly 100 California Dams303
LEGISLATIVE DEVELOPMENTS
Governor Brown Signs Assembly Bill 321 Into Law—Farmers and Ranchers Now Considered Beneficial Users under the Sustainable Groundwater Management Act305
LAWSUITS FILED OR PENDING
Coalition of Organizations Brings Lawsuit Challenging State Water Resources Control Board’s Alleged Systematic Failure to Uphold Its Duty under State Water Quality Law307
RECENT FEDERAL DECISIONS
U.S. Supreme Court:
U.S. Supreme Court Develops New Multi-Factor Test In Regulatory Takings Analysis310
Murr v. Wisconsin, ___U.S.___, 137 S.Ct. 1933, (June 23, 2017).
District Court:
District Court Dismisses Challenge to Approval of State’s Integrated Report of Surface Water Quality as Moot312
Blue Water Baltimore v. Pruitt, ___F.Supp.3d___, Case No. 16-452 (D. D.C. July 18, 2017).
District Court Rejects Monsanto’s Counterclaims Seeking to Defray its PCB Contamination Responsibility under the CWA and CERCLA313
City of Spokane v. Monsanto Company, ___F.Supp.3d___, Case No. 2:15-CV-00201-SMJ (E.D. Wash. July 10, 2017).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
First District Court Rejects and Upholds Metropolitan Water District’s Component Water Rates316
San Diego County Water Authority v. Metropolitan Water District of Southern California, 12 Cal.App.5th 1124 (1st Dist. 2017), as modified on denial of reh’g, (July 18, 2017), review filed (July 31, 2017).
First District Court Orders Land Owner to Open Beach to Public Access318
Surfrider Foundation v. Martins Beach 1 LLC et al., ___Cal.App.5th___, Case Nos. Case No. A144268, A145176 (1st Dist. Aug. 9, 2017).
