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California Water Law & Policy Reporter

November 2020

Volume 31, Number 2 November 2020

FEATURE ARTICLE

California Environmental Quality Act Considerations When Evaluating

35

CALIFORNIA WATER NEWS

Ongoing Mexico/U.S. Cross-Border Sewage Contamination Fuels Public Outcry44

CME Group, Inc., Nasdaq Announce New California Water Futures Market on the Horizon45

REGULATORY DEVELOPMENTS

U.S. Army Corps of Engineers Publishes Proposal to Reissue and Modify Clean Water Act Nationwide Permits48

U.S. Bureau of Reclamation Releases Draft Supplemental EIS for Proposed Raise of B.F. Sisk Dam at San Luis Reservoir50

California State Water Resources Control Board Adopts Emergency Regulations Increasing Fees for Irrigated Lands Regulatory Program52

LEGISLATIVE DEVELOPMENTS

Congress Considers Amendment to Expand Reach of the Water Infrastructure Finance and Innovation Act54

House Representative Ruiz Introduces Salton Sea Public Health Act—Not Much Traction Yet in Congress for the Bill55

California Bill Seeking Protection of the State’s Land and Water, and of the Nation’s Oceans Will Have to Wait until the Next Legislative Session57

LAWSUITS FILED OR PENDING

Vallecitos Water District Sues San Diego County Water Authority for Overpayment for Premium Treated Water60

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Affirms District Court Order Vacating the Delisting of the Yellowstone Grizzly Popula-

tion62

Crow Indian Tribe v. United States, 965 F.3d 662 (9th Cir. 2020).

District Court:

District Court Approves Consent Decree between Federal, State and Local Government to Remedy Clean Water Act Violations64

U.S. and State of Texas v. City of Corpus Christi, ___F.Supp.3d___, Case No. 2:20-cv-00235 (S.D. Tex. Sept. 25, 2020).