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California Water Law & Policy Reporter

November 2018

Volume 29, Number 2 November 2018


Circuit Court Split Muddies the Waters: Are Point Source Discharges through Groundwater to Navigable Waters Subject to the Clean Water Act?



The Multitude of Oversight for California’s Oroville Dam—Will This Become a Model for Dams throughout the State and in the West?36


Governor Brown Signs Bill Authorizing Regional Water Boards to Order the Provision of Sewer Service to Disadvantaged Communities39

California Adopts New Restrictions on Discontinuation of Residential Water Service41


New Proposed Rule and Pending Supreme Court Case Have the Potential to Limit Designation of Unoccupied Areas as Critical Habitat under Federal Endangered Species Act43

Department of Water Resources Extends Period for Basin Boundary Modification Requests under SGMA44


U.S. Supreme Court:

U.S. Supreme Court Denies Appeal in Martins Beach Public Access Case, Letting Stand the Decision of the State Court of Appeal46

Martins Beach I, LLC et al, v. Surfrider Foundation, S. Ct No. 17-1198;

[Surfrider Foundation v. Martins Beach 1, LLC, et al., 14 Cal.App.5th 238 (1st Dist. 2017).]

Circuit Court of Appeals:

Deepening a Circuit Split, Tenth Circuit Holds Six-Year Statute of Limitations for Many Federal Environmental Statutes Is Subject to Equitable Tolling48

Chance v. Zinke, 898 F.3d 1025 (10th Cir. 2018).

Federal Circuits Split on Applicability of Clean Water Act to Groundwater Contamination with Sixth Circuit’s September 2018 Decision50

Tennessee Clean Water Network, ___F.3d ___, Case No. 17-6155 et al v. Tennessee Valley Authority, (6th Cir. Sept 24, 2018).

District Court:

District Court Expands Environmental Protections in the U.S.-Mexico Border Regarding Water Contamination in the Tijuana River Valley52

City of Imperial Beach, et al. v. International Boundary Commission-United State Section, ___F.Supp.3d___, Case No. 18cv457-JM-JMA (S.D. Cal. 2018).

Nationwide Injunction by the District Court Halts Trump Administration Rule Suspending the Obama-Era Rule Defining ‘Waters of the United States’54

South Carolina Coastal Conservation League et al. v. Pruitt, 318 F.Supp.3d 959 (D. S.C. 2018).


District Court of Appeal:

Fifth District Court Finds Stanislaus County Groundwater Well Permitting Process Involves Discretionary Actions Triggering CEQA Requirements57

Protecting Our Water & Environmental Resources et al., v. Stanislaus County et al., unpub., Case No. F073634 2018 (5th Dist. Aug. 24, 2018).