FEATURE ARTICLE
The California Supreme Court Decides Protecting Our Water and Environmental Resources v. County of Stanislaus, Finding Groundwater Well Permits Are Discretionary, Now and Then by Christian Marsh, Esq., Downey Brand LLP, San Francisco3
CALIFORNIA WATER NEWS
San Diego County Water Authority, Again Considers a Colorado River Pipeline Project8
LEGISLATIVE DEVELOPMENTS
Regulating PFAS—California Lawmakers Vote to Phase Out the Sale and Use of Firefighting Foam10
LAWSUITS FILED OR PENDING
State Attorneys General Challenge Trump Administration’s Revamp of the National Environmental Policy Act12
Hoopa Valley Tribe Enters Legal Battle over Permanent Central Valley Project Contracts14
RECENT FEDERAL DECISIONS
District Court:
District Court Reverses Army Corps’ Clean Water Act Jurisdictional Determination—Applies Both Justice Kennedy and Justice Scalia’s Analyses in Rapanos17
Lewis v. United States, ___F.Supp.3d___, Case No. CV 18-1838 (E.D. La. Aug. 18, 2020).
District Court Bars Citizen Suit against County in Georgia Due to the Diligent Prosecution Provision of the Clean Water Act19
South River Watershed Alliance, Inc. v. DeKalb County, ___F.Supp.3d___, Case No. 1:19-cv-04299-SDG (N.D. Ga. Aug. 31, 2020).
RECENT CALIFORNIA DECISIONS
Supreme Court:
California Supreme Court Holds County’s Blanket Classification of all Well Construction Permit Issuances as Ministerial Violates CEQA22
Protecting Our Water and Environmental Resources v. County of Stanislaus, ___Cal.5th___, Case No. S. 251709 (Aug. 27, 2020).
District Court of Appeal:
Fourth District Court Finds Imperial Irrigation District Water Allocation Program Invalid but Not a ‘Taking’ of Water Rights24
Abatti v. Imperial Irrigation District, 52 Cal.App.5th 236 (4th Dist. 2020), as modified on denial of reh’g (Aug. 5, 2020), review filed (Aug. 24, 2020).
Second District Court Finds Developer Obtained Statutory Vested Rights Prior to Passage of Initiative that Would Have Substantially Curtailed Pro-
ject27
Redondo Beach Waterfront, LLC v. City of Redondo Beach, 51 Cal.App.5th 982 (2nd Dist. 2020).
