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California Water Law & Policy Reporter

January 2019

Volume 29, Number 4 January 2019


The Ebb and Flow of the Federal Clean Water Act—EPA Releases New

Proposed ‘Waters of the United States’ Rule Defining the Scope of the Act by John Sittler, Esq. and Paul Noto, Esq., Patrick, Miller & Noto, Aspen,



Assembly Bill 747, the State Water Resources Control Board and the Administrative Hearings Office96

DWR and the State Water Board Release Primer for Implementation of 2018 Water Conservation Bills SB 606 and AB 166897


U.S. Department of Agriculture Announces $449 Million Loan to Assist in Developing the Sites Reservoir Project100

Federal Department Officials Respond to President Trump’s Directive to Coordinate and Streamline Environmental Review of Federal Water Projects in California101

DWR Withdraws Delta Consistency after Delta Stewardship Council’s Draft Determination Finds Consistency Certification for WaterFix Not Supported by Substantial Evidence103

DWR Staff Summarize Past and Prospective SGMA Implementation104


U.S. Supreme Court:

The Curious Case of the Dusky Gopher Frog—U.S. Supreme Court Limits Agency Discretion under the Endangered Species Act108

Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, ___U.S.___, Case No. 17-71 (Nov. 27, 2018).

Circuit Court of Appeals:

Tenth Circuit Finds Settlement Agreement Between BLM and Environmental Groups Not Ripe for Challenge Until Agency Implements the Settlement Provisions110

Southern Utah Wilderness Alliance v. Burke, 908 F.3d 630 (10th Cir. 2018).

District Court:

District Court Concludes Federal Agencies’ Environmental Assessment of Coastal ‘Fracking’ Violated the ESA and Coastal Zone Act112

Environmental Defense Center v. U.S. Bureau of Ocean Energy Management, ___F.Supp.3d___, Case No. CV168418PSGFFMX (C.D. Cal. Nov. 9, 2018).


District Court of Appeal:

Third District Court Addresses Proposition 218 and a Municipal Referendum Seeking to Alter Water Rates to Facilitate Water Storage and Delivery Infrastruct-ure114

Wilde v. City of Dunsmuir, ___Cal.App.5th___, Case No. C082664 (3rd Dist. Nov. 15, 2018).