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California Water Law & Policy Reporter

August/September 2020

Volume 30, Number 11 August/September 2020


Governor Newsom Releases Final Water Resilience Portfolio for California’s Water Future by Wesley A. Miliband, Esq. and Andrew D. Foley, Esq.,



Council on Environmental Quality Publishes Final Rule Updating NEPA’s Implementing Regulations286

FERC Order Requires PacifiCorp to Remain on for Klamath Dam


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


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).


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).