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California Water Law & Policy Reporter

August/September 2021

Volume 31, Number 11 August/September 2021

FEATURE ARTICLE

The California State Water Resources Control Board Approves Emergency Regulations for Water Right Curtailment Orders in Scott and Shasta Rivers

by Austin C. Cho, Esq., Downey Brand, LLP, Sacramento, California281

CALIFORNIA WATER NEWS

California State Water Project’s Lake Oroville Plummets to Lowest Level in Decades285

Marin Municipal Water District Adopts Ban on Potable Water Use for Landscaping in New Developments286

LEGISLATIVE DEVELOPMENTS

New California Law Increases Fines for Water Theft287

REGULATORY DEVELOPMENTS

State Water Resources Control Board Implements Emergency Water Reporting and Curtailment Regulations in Light of Historic Drought289

California Department of Water Resources and U.S. Bureau of Reclamation Petition the State Water Board to Exchange Stored Water to Meet Demand in the Central Valley Project Service Area290

Administrative Hearings Office of the State Water Board Ends on First Phase of Revocation Proceeding for Kings River Full Appropriation Declara-

tion291

LAWSUITS FILED OR PENDING

California Coastkeeper Files Petition for Writ of Mandate Seeking to Compel Sonoma County to Consider Public Trust Resources in Issuing Well Per-

mits294

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

First Circuit Upholds Massachusetts’ State Law

Enforcement as Barring Clean Water Act Citizen Suit but Requires NPDES Permits296

Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc., 995 F.3d 274 (1st Cir. 2021).

Fourth Circuit Finds State Agency Did Not Waive Clean Water Act Section 401 Certification298

North Carolina Department of Environmental Quality v. Federal Energy Regulatory Commission, 3 F.4th 655 (4th Cir., 2021).

District Court:

District Court Applies the Clean Water Act

‘Functional Equivalent’ Standard Set Forth by the U.S. Supreme Court300

Hawai’i Wildlife Fund v. County of Maui, ___F.Supp.3d___, Case No. 12-00198 (D. HI July 26, 2021).

RECENT STATE DECISIONS

District Court of Appeal:

Fourth District Court Finds Coastal Development Permit Applications for Mobile Home Remodels Were ‘Deemed Approved’ under the Permit Streamlining Act302

Linovitz Capo Shores LLC v. California Coastal Commission, 65 Cal.App.5th 1106 (4th Dist. 2021).