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California Water Law & Policy Reporter

November 2021

Volume 32, Number 2 November 2021


Federal Emergency Management Agency Flood Risk Rating 2.0 Rolls Out as First Major Update to Pricing Methodology in 50 Years29


Governor Newsom Signs Legislation Streamlining Process to Improve State Water Project Infrastructure31

Governor Newsom Signs Senate Bill 323 Implementing a 120-day Statute of Limitations for Challenges to Water and Sewer Service Rates32


U.S. Bureau of Reclamation Forecasts Reduced Inflows to Lake Mead, Exacerbating Shortage Conditions on the Colorado River35

California State Water Resources Control Board Adopts Guidelines to

Address Pandemic-Related Unpaid Water Bills36


Water Agencies File Lawsuits Challenging State Water Board’s Sacramento-San Joaquin Curtailment Order39


Circuit Court of Appeals:

Ninth Circuit Decision Broadens Scope of RCRA Liability, Under Endangerment Provision, to Transporters42

California River Watch v. City of Vacaville, ___F.4th___, Case No. 20-16605 (9th Cir. Sept. 29, 2021).

Ninth Circuit Vacates Judgement Requiring Clean Water Act Citizen Suit to Prove Ongoing Discharge in Case Alleging Monitoring Violations43

Inland Empire Waterkeeper and Orange County Coastkeeper v. Corona Clay Co., 13 F.4th 917 (9th Cir. 2021).

District Court:

District Court Denies Preliminary Injunction Seeking to Bar the Bureau from Continuing Voluntary Groundwater Pumping Program45

Aqualliance, et al, v. U.S. Bureau of Reclamation, et al, ___F.Supp.4th___, Case No. 2:21-cv-01533 WBS DMC (E.D. Cal. Sept. 14, 2021).

District Court Denies All but One Motion in Review of Activities Requiring a General Permit Under the Clean Water Act47

Eden Environmental. Citizen’s Group v. California Cascade Building Materials, Inc. et. al, ___F.Supp.4th___, Case No. 2:19-cv-01936 (E.D. Cal. Sept. 20, 2021).

District Court Declines to Dismiss Endangered Species Act ‘Take’ Claim—Finds Case Not Barred by the Doctrine of ‘Primary Jurisdiction’ or Statute of Limitations49

Waterwatch of Oregon v. Winchester Water Control District, ___F.Supp.4th___, Case no 3:20-cv-01927-IM (D. Or. Sept. 22, 2021).