FEATURE ARTICLE
Governor Newsom Releases Final Water Resilience Portfolio for California’s Water Future by Wesley A. Miliband, Esq. and Andrew D. Foley, Esq.,
281
REGULATORY DEVELOPMENTS
Council on Environmental Quality Publishes Final Rule Updating NEPA’s Implementing Regulations286
FERC Order Requires PacifiCorp to Remain on for Klamath Dam
Removals288
California Fish and Game Commission to Consider Listing Western Joshua Tree Amid Potential Impacts to Water Infrastructure Projects289
Santa Ana Regional Water Board Delays Vote on Huntington Beach Desalination Plant Proposal291
RECENT FEDERAL DECISIONS
District Court:
District Court Dismisses Clean Water Act for Pre-Suit Notice Deficiency and Conclusory Statements in Complaint293
Stevens v. St. Tammany Parish Government, et al, ___F.Supp.3d___, Case No. 20-928 (E.D. La. Jul. 23, 2020).
RECENT CALIFORNIA DECISIONS
Supreme Court:
California Supreme Court Adopts Broad Definition of Proposition 218:
Finds Water Utility Charges Fall Within Referendum Exemption for ‘Tax Levies’295
Wilde v. City of Dunsmuir, et al., ___Cal.5th___, Case No. S252915 (Cal. Aug. 3, 2020).
District Court of Appeal:
Fourth District Court Holds Agencies Must Retain Documents Mandated for Inclusion In the Administrative Record Under CEQA297
Golden Door Properties, LLC v. Superior Court of San Diego County, ___Cal.App.5th___, Case Nos. D076605, D076924, D076993 (4th Dist. July 30, 2020).
Third District Court Affirms State Water Board’s Authority to Regulate Unreasonable Water Use through Temporary Emergency Regulations and
Curtailment Orders301
Stanford Vina Ranch Irrigation Company v. State of California, 50 Cal.App.5th 976 (3rd Dist. 2020).