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California Water Law & Policy Reporter

November 2019

Volume 30, Number 2 November 2019

CALIFORNIA WATER NEWS

California’s Environmental Battle against the Trump Administration Rages on Amidst Clash between the Federal and State Environmental Protection Agencies35

Habitat Restoration Project to Be Completed in Lower American Ri-

ver36

REGULATORY DEVELOPMENTS

Obama Administration-Era Clean Water Rule Repealed, Additional Changes to Waters of the United States Definition in Store38

Federal Agencies Release No Jeopardy Biological Opinions for the Central Valley Project39

Department of Water Resources Confirms California Kicks off Water Year 2020 with Strong Start41

Proposed Regulations Implementing Delta Levee Investment Strategy Result in Criticism from Some Quarters43

LAWSUITS FILED OR PENDING

Mayor of Maui and County Council Wrangle over Settlement Authority While U.S. Supreme Court Presses on in Maui v. Hawaii Wildlife Fund

Case45

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Eleventh Circuit Affirms EPA’s Broad Discretion on Revoking State NPDES Permitting System47

Cahaba Riverkeeper et al. v. U.S. Environmental Protection Agency, 938 F.3d 1157 (11th Cir. 2019).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Fifth District Court Finds CEQA Challenge to Hydroelectric Dam Relicensing Process Preempted by Federal Power Act49

County of Butte v. Department of Water Resources, 39 Cal.App.5th 708 (5th Dist. 2019).

Fourth District Court Upholds Conditions Imposed by California Coastal Commission on Coastal Development Permit50

Lindstrom v. California Coastal Commission, ___Cal.App.5th___, Case No. D074132 (4th Dist. Sept. 19, 2019).

Third District Court Affirms Superior Court’s Grant of Preliminary Injunction on Shasta Dam Raising Project—California Supreme Court Denies Re-

view52

Westlands Water District v. Superior Court for the County of Shasta, S. Ct. Case No. C090139 (Sept. 26, 2019); (3rd Dist. Aug. 29, 2019).

Superior Court:

Superior Court Dismisses Challenge to Western Municipal Water District’s Water Rate Structure54

Heath v. Western Mun. Water, Case No. RIC 1806580 District, (Riverside Super. Ct. 2019).