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California Water Law & Policy Reporter

December 2020

Volume 31, Number 3 December 2020

CALIFORNIA WATER NEWS

Lookout Slough Restoration Project Moves Ahead69

El Dorado Irrigation District Approves New Capital Improvement Plan Considering $225 Million in Improvements70

LEGISLATIVE DEVELOPMENTS

Governor Newsom Signs Bill Granting CEQA Exemption for Disadvantaged Water System Projects72

REGULATORY DEVELOPMENTS

U.S. Bureau of Reclamation and Sacramento River Contractors Coordinate and Delay Water Diversions to Benefit Chinook Salmon74

California State Water Resources Control Board Grants Petition for Statutory Adjudication of Fresno River Watershed75

California Water Commission to Assess State’s Role in Funding Water Conveyance Projects77

LAWSUITS FILED OR PENDING

Answers Due in Department of Water Resource’s Validation Action Related to Delta Conveyance Facilities79

RECENT FEDERAL DECISIONS

District Court:

District Court Orders EPA to Provide More Frequent Status Reports on Development of Anacostia River Clean Water Act TMDL81

Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 16-1861(JDB) (D. D.C. 2020).

District Court Denies Motion to Dismiss Clean Water Act Citizen Suit—Finds Sufficient Pleading of Continuing or Intermittent Violations82

Okanogan Highlands Alliance, et al. v. Crown Resources Corporation, et al., ___F.Supp.3d___, Case No. 2:20-CV-147-RMP (E.D. Wash. Oct. 5, 2020).

District Court Reverses EPA’s Narrow Jurisdictional Delineation by Applying Contemporary Judicial Scope of the Clean Water Act Jurisdiction84

San Francisco Baykeeper et al. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 3:19-cv-05941-WHA (N.D. Cal. 2020).

RECENT STATE DECISIONS

California Court of Appeal Reverses Dismissal of Rate Structure Challenge under Proposition 218 for Failure to Exhaust Administrative Remedies86

Lucinda Malott v. Summerland Sanitary District, ___Cal.App.5th___, Case No. B298730 (2nd Dist. Oct. 19, 2020).