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California Water Law & Policy Reporter

March 2018

Volume 28, Number 6 March 2018

FEATURE ARTICLE

Water Trading in Arizona: Free Market Solution or Water Grab? by Alexandra Arboleda, Esq., The Storey Lawyers, PLC, Phoenix, Arizona155

CALIFORNIA WATER NEWS

Oroville Independent Forensic Team Releases Final Report and City of Oroville Files Lawsuit against DWR160

Southern California Saved a Record Amount of Water with Lawn Replacement161

REGULATORY DEVELOPMENTS

State Water Resources Control Board’s Draft Regulation Establishing Statewide Prohibitions on Wasteful Water Uses Draws Intense Interest163

Desalination Projects on Track to Receive Substantial Proposition 1 Grant Funding165

LEGISLATIVE DEVELOPENTS

Proposed California Legislation Focuses on Climate Change Adaptation and Resiliency Strategies168

LAWSUITS FILED OR PENDING

We Advocate Through Environmental Review v. County of Siskiyou et al. Raises CEQA Issues for a Water Bottling Operation in Siskiyou Coun-

ty170

RECENT FEDERAL DECISIONS

U.S. Supreme Court:

U.S. Supreme Court Clarifies Procedure for Challenging Regulations Defining the Scope of the Clean Water Act, Leaving Substance Unresolved172

National Association of Manufacturers v. Department of Defense, ___U.S.___, S. Ct. Case No. 16-299 (U.S. Jan. 22, 2018).

Circuit Court of Appeals:

First Circuit Holds EPA Has Discretion Whether to Serve Individual Clean Water Act Notices on Stormwater Dischargers174

Conservation Law Foundation, et al. v. Scott Pruitt, Administrator of the U.S. Environmental Protection Agency et al., 881 F.3d 24 (1st Cir. 2018).

Ninth Circuit Holds that Use of Groundwater Injection Wells Required Clean Water Act NPDES Per-

mit176

Hawai’i Wildlife Fund et al. v. County of Maui ___F.3d___, Case No. 15-17447, (9th Cir. Feb. 1, 2018).

District Court:

District Court Finds Landowner Which Did Not Pollute Site Still Liable under CERCLA Contribution Claim for Soil and Groundwater Contaminat-

ion178

Valbruna Slater Steel Corporation, et al., v. Joslyn Manufacturing Company, et al., ___F.Supp.3d___, Case No. 1:10-CV-044 JD (N.D. Ind. Jan. 16, 2018).

RECENT CALIFORNIA DECISIONS

Third District Court Affords Substantial Deference to Fish and Game Commission in Determining Whether Delisting Petitions May Move For-

ward181

Central Coast Forest Association, et al. v. California Fish & Game Commission, ___Cal.App.3d___, Case No C060569 (3rd Dist. Jan. 5, 2018).