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California Water Law & Policy Reporter

March 2020

Volume 30, Number 6 March 2020


U.S. EPA and the Corps Release Waters of the United States Rule that Closely Adheres to Justice Scalia’s Rapanos Opinion—But Due to California’s New Wetlands Program, Provides Little Relief to the State Regulated Community by Nicole E. Granquist, Esq. and Meghan A. Quinn, Esq., Downey Brand, LLP, Sacramento, California139


San Juan Capistrano City Council Approves Santa Margarita Water District Annexation Agreement146


Federal Council on Environmental Quality Announces Notice of Proposed Rulemaking to the Regulations Implementing Provisions of the National Environmental Policy Act148

California Department of Water Resources Announces State Water Project Water Allocation Increases, but Uncertainty Continues150

California Department of Water Resources Releases Notice of Preparation For Delta Conveyance Project151


Washington Supreme Court Accepts Review of Recent Ruling Invalidating Portions of State Instream Flow Rule153

City of Corcoran Files Lawsuit Against Dairy, Alleging Nitrate Contamination of Groundwater Wells155


Circuit Court of Appeals:

Seventh Circuit Affirmed Dismissal of Challenge to State-Issued Clean Water Act 404 Permit157

Menominee Indian Tribe of Wisconsin v. U.S. Environmental Protection Agency and U.S. Army Corps of Engineers, et al., ___F.3d___, Case No. 19-1130 (7th Cir. Jan.27, 2020).

Tenth Circuit Affirms U.S. Army Corps’ Lack of Discretionary Authority to Operate Dams Along the Rio Grande under the Endangered Species Act158

WildEarth Guardians v. U.S. Army Corps of Engineers, 947 F.3d 635 (10th Cir. 2020).

District Court:

Citizen Suit Against County for Clean Water Act Violations Withstands Motion to Dismiss in the U.S. District Court160

Cox v. Board of County Commissioners of Franklin County, Ohio, ___F.Supp.3d___, Case No. 2:18-cv-1631 (S.D. Ohio Jan. 31, 2020).