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California Water Law & Policy Reporter

December 2021

Volume 32, Number 3 December 2021

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.).