WESTERN WATER NEWS
New Research Links Wastewater Discharge to Decline in Sacramento-San Joaquin Delta Fish Species251
LEGISLATIVE DEVELOPMENTS
House Energy Committee Approves the ‘Assistance, Quality, and Affordability Act of 2010,’ Reauthorizing the Drinking Water State Revolving
Fund253
Arizona Legislature Passes Four Key Water Bills255
REGULATORY DEVELOPMENTS
U.S. Army Corps Publishes New Civil Works Review Policy in the Wake of the Water Resources Development Act258
U.S. Fish and Wildlife Service Commences Five-Year Review of 34 Species in California and Nevada260
Oregon Adopts Water Management Rules that Will Operate in Conjunction with the Current Deschutes Ground Water Mitigation Rules and Mitigation Credit Rules261
LAWSUITS FILED OR PENDING
U.S. District Court Issues Preliminary Injunction Halting Implementation of Salmon and Steelhead Biological Opinions in California’s Delta263
Lawsuit Claims Federal Government Has Illegally Expanded Endangered Species Act Listings265
California Court of Appeal Issues Stay of Judgment Invalidating Colorado River QSA266
Colorado Cities and Ranchers Challenge State Engineer’s Rules Exempting Mineral Rich Regions from Water Well Permitting268
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Validates Agency Findings Approving Business Park’s Impact on Wetlands and Endangered Species270
Butte Environmental Council v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 09-15363 (9th Cir. June 1, 2010).
District Court Rejects Claim that EPA’s Interpretation of Emergency Planning and Community Right-to-Know Act Amounts to Final Agency Action272
Arizona Mining Association v. Jackson, ___F.Supp.2d___, Case No. 07-1054 (D. D.C. 2010).
Emphasizing Dry Cleaning Manufacturer’s Lack of Affirmative Conduct, District Court Dismisses Claims under CERCLA, RCRA, and Common Law275
Hinds Investments, L.P. v. Team Enterprises, Inc., ___F.Supp.2d___, Case No. CV F 07-0703 (E.D. Cal. 2010).
State:
Utah Supreme Court Adds New Twist to an Appropriator’s Obligation to Maintain a Reasonable Means of Diversion277
Bingham v. Roosevelt City, 2010 UT 37 (Utah 2010).
