CALIFORNIA WATER NEWS
Nine Orange County Water Agencies Consider Litigation over PFAS Contamination253
REGULATORY DEVELOPMENTS
U.S. Bureau of Reclamation Releases Environmental Document for Repair of Friant-Kern Canal in California255
California Department of Water Resources Increases State Water Project Water Deliveries—Bureau of Reclamation Increases Water Allocations from the CVP256
Judicial Council Amends Emergency Rule Tolling Statutes of Limitations as They Relate to CEQA258
LAWSUITS FILED OR PENDING
Federal Water Contracts, Approved under Water Infrastructure Improvements Act, Challenged by Environmental Groups in Recent Lawsuit260
RECENT FEDERAL DECISIONS
District Court:
District Court Holds EPA Has an Ongoing Nondiscretionary Duty under the Clean Water Act to Update the National Contingency Plan261
Earth Island Institute, et al., v. Andrew R. Wheeler, et al., ___F.Supp.3d___, Case No. 20-CV-00670-WHO (N.D. Cal. June 2, 2020).
District Court Finds Basic Allegations of Fact within a ‘Zone of Interest’ to Justify Standing under the Clean Water Act262
Friends of the Capital Crescent Trail v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. JKB-19-106 (D. MD 2020).
District Court Rejects Dismissal Arguments, Including ‘Diligent Prosecution’ Provision Bar, to Permit Timely-Filed, Well-Pled Clean Water Act Citizen
Suit264
Moss v. Sal Lapio, Inc., ___F.Supp.3d___, Case No. 19-3210 (E.D. Penn. June 16, 2020).
District Court Leaves Klamath River Project Interim Plan in Place—Denies Motion to Lift Stay over Challenge to Biological Opinion266
Yurok Tribe, et al. v. U.S. Bureau of Reclamation, et al., ___F.Supp.3d___, Case No. 3:19-cv-04405-WHO (N.D. Cal. May 29, 2020).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Third District Court Finds Delta Plan Valid Despite Lack of Enforceable Numeric Compliance Tar-
gets269
Delta Stewardship Council Cases, 48 Cal.App.5th 1014 (3rd Dist. 2020).
Third District Court Rules Property Non-Contiguous to Middle River Retained Riparian Rights270
Modesto Irrigation District v. Tanaka, 48 Cal.App.5th 898 (3rd Dist. 2020), (reh’g denied June 3, 2020).
Sixth District Court Holds Seeking Streambed Alteration Agreement from Department of Fish and Wildlife Is Not a ‘Further Discretionary Ap-
proval’273
Willow Glen Trestle Conservancy v. City of San Jose, ___Cal.App.5th___, Case No. H047068 (6th Dist. May 18, 2020).
