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California Water Law & Policy Reporter

February 2018

Volume 28, Number 5 February 2018


Trump Administration Officially Repeals Obama-Era Fracking Rules123


Federal Energy Regulatory Commission Issues Notice Accepting Utah’s Application for Lake Powell Pipeline125

U.S. Bureau of Reclamation Issues Notice of Intent to Develop and Evaluate Options to Maximize CVP Water Deliveries and Hydropower Produc-


Under Threat of Lawsuit, Federal Wildlife Services Program Agrees to Suspend and Evaluate Oregon Aquatic Mammal Damage Management Pro-


California WaterFix: State Water Resources Control Board Delays Start of Part 2129

State Water Resources Control Board Finds Nestlé Diverting Unauthorized Volumes of Water131

Key Sustainable Management Criteria Best Management Practices Publication for Groundwater Management in Development by DWR133


Circuit Court of Appeals:

Ninth Circuit Retains ‘Substantial Nexus’ As the Standard for Federal Clean Water Act Jurisdiction137

U.S. v. Robertson, 875 F.3d 1281, 1292 (9th Cir. 2017).

District Court:

District Court Holds Clean Water Act Notice of Intent to Sue Insufficient for Not Accurately Stating the Date of Violation138

Black Warrior Riverkeeper, Inc. v. Metro Recycling, ___F.Supp.3d___, Case No. 2:17-cv-01050-LSC (N.D. Al. Dec. 18, 2017).

District Court Finds Plaintiffs Failed to Show Arbitrary and Capricious Action by the U.S. Army Corps of Engineers in Granting Mosaic Fertilizer a Clean Water Act Permit140

Center for Biological Diversity v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. 8:17-cv-618-T-23MAP (M.D. Fl. Dec. 14, 2017).

District Court Denies EPA’s Motion to Dismiss Lawsuit Requiring Initiation of Rule-Making for Fluoridation of Drinking Water142

Food & Water Watch, Inc. et al. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 17-cv-02162-EMC (N.D. Cal. Dec. 21, 2017).

Environmental Group’s Effort to Classify Recycling Businesses as Industrial Facilities Requiring CWA Permits Rejected by District Court143

Sierra Club v. Con-Strux, LLC, ___F.Supp.3d___, Case No. CV 16-4960 (E.D. N.Y. Dec. 29, 2017).


Superior Court Rules against Regulating Agencies’ Cleanup, Abatement and Cease and Desist Orders Relating to Work Done on Point Buckler Island in Suisun Marsh147

John Sweeney and Point Buckler Club, LLC v. San Francisco Bay Conservation and Development Commission, et al., Case Nos. FCS048136, FCS048861 (Solano Super. Ct. Dec. 26 & 27, 2017).