CALIFORNIA WATER NEWS
State of Drought Emergency Extended to all 58 Counties in California as Lack of Precipitation Persists and Conservation Efforts Fall Flat of Goals55
Study Addresses Effects of Drought Intensity on Deep Groundwater Aqui-
fers56
Fort Bragg Launches New Desalination System as Drought Response with Help from the State Water Resources Control Board58
REGULATORY DEVELOPMENTS
EPA Releases Polyfluoroalkyl Substances Multi-Year Plan ‘Road Map’60
California Department of Water Resources Releases California’s Groundwater Update 2020 Final Report63
LAWSUITS FILED OR PENDING
U.S. Supreme Court Hears Oral Arguments in Mississippi v. Tennessee—The Court Could Set Precedent for Interstate Groundwater Disputes Across the United States65
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Finds the Clean Water Act Allows EPA to Consider Compliance Costs in Approving Water Quality Standards and Variances68
Upper Missouri Waterkeeper v. U.S. Environmental Protection Agency et al., 15 F.4th 966 (9th Cir. 2021).
First Circuit Finds Agency’s Express Intention to Readopt Regulations Following Withdrawal is Insufficient to Avoid Mooting a Groundwater Contamination Claim70
United States v. Puerto Rico Industrial Development Company, ___F.4th___, Case No. 19-1874 (1st Cir. Nov. 17, 2021).
District Court:
District Court Vacates Trump Era Clean Water Act 401 Water Quality Certification Rule—Remands to EPA for Further Proceedings73
In re Clean Water Act Rulemaking, ___F.Supp.4th___, Case No. C 20-0436 WHA (N.D. Cal. Oct. 21, 2021).
RECENT STATE DECISIONS
Superior Court:
Fresno County Superior Court Denies Westlands Water District’s Validation Action on its Federal Water Repayment Contract76
Westlands Water District v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Providing for Project Water Service, San Luis Unit and Delta Division and Facilities Repayment, Case No. 19CECG03887 (Fresno County Super Ct.).
