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California Water Law & Policy Reporter

June 2018

Volume 28, Number 9 June 2018




Metropolitan Water District Votes to Finance Nearly $11 Billion of California WaterFix249


Two Water-Related Bond Measures Will Be Put to California Voters in


Proposed Bill Seeks to Transfer Operation and Maintenance of the State Water Project from DWR to the ‘State Water Project Commission’252


Department of Water Resources Issues Updated Basin Prioritizations under SGMA, Triggering Planning Changes in Basins Statewide255

California Water Commission Announces Final Public Benefit Ratios for Proposed Water Storage Projects256

Pacheco Reservoir Expansion Project Receives Boost from California Water Commission258


Circuit Court of Appeals:

Ninth Circuit Affirms District Court’s Grant of Summary Judgment Upholding EIS/EIR and Clean Water Act Permit for Newhall Ranch Project261

Friends of the Santa Clara River v. U.S. Army Corps of Engineers. ___F.3d___, Case No. 15-56337 (9th Cir. Apr. 9, 2018).

Eighth Circuit finds NPDES Permit Holder Has Standing to Challenge TMDL that Will Inevitably Lead to Imposition of More Stringent Permit Conditions263

Kennett v. U.S. Environmental Protection Agency, 887 F.3d 424 (8th Cir. 2018).

Ninth Circuit Affirms District Court’s ESA Injunction—Holds Extinction-Level Threat to Listed Species Is Not Required under the ESA265

National Wildlife Federation v. National Marine Fisheries Service, 886 F.3d 803 (9th Cir. 2018).

District Court:

District Court Strikes Down Challenge to U.S. Environmental Protection Agency’s Clean Water Act Enforcement of Effluent Limitations267

Clean Water Action v. Pruitt, ___F.Supp.3d___, Case No. 17-0817 (DLF) (D. D.C. Apr. 18, 2018).

District Court Finds California Law Precludes Recovery for Future Remediation Costs in Soil and Groundwater Contamination Case268

Greenfield MHP Associates, L.P. v. Ametek, Inc., ___F.Supp.3d___, Case No. 15-cv-1525 (S.D. Cal. Mar. 16, 2018).