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Western Water Law & Policy Reporter

October 2010

Volume 14, Number 11 October 2010


Twenty-Seven Years Later, Are We Closer to Fishable and Swimmable Waters?

A Response to EPA’s Proposed Rulemaking to Revise Water Quality Standards Regulation by Felix S. Yeung, Esq., Beveridge 315


Transgenic Fish Aquaculture May Be Coming to California as the FDA Explores Genetically Modified Salmon321


California’s State Water Resources Control Board Issues Sacramento-San Joaquin River Delta Flow Criteria Report323

Texas Commission on Environmental Quality Rules for Carbon Sequestration into Groundwater Projects325

Washington State Department of Ecology Proposes New Fees to Support Water Resources Program326


EPA Sues, then Settles with Idaho Cheese Processor over Clean Water Act Violations328



Ninth Circuit Rejects Irrigation District Challenges to NMFS Listing of Central Valley Steelhead under Endangered Species Act330

Modesto Irrigation District et al. v. Gutierrez et al., ___F.3d___, Case No. 09-15214 (9th Cir. Aug. 20, 2010).

D.C. Circuit Reject’s Constitutional Challenge to EPA’s Unilateral Administrative Order Scheme . .332

General Electric Co. v. U.S. Environmental Protection Agency, 610 F.3d 110 (D.C. Cir. 2010).

Ninth Circuit Finds Stormwater Runoff from Logging Roads that Is Collected and Discharged Is a Point Source under the Clean Water Act333

Northwest Environmental Defense Center v. Brown, et al., ___F.3d___, Case No. 07-35266 (9th Cir. Aug. 17, 2010).

Tenth Circuit Holds EPA May Disavow and Amend Tentative Interpretation of Its Own RCRA


U.S. v. Magnesium Corporation of America, ___F.3d___, Case No. 08-4185 (10th Cir. Aug. 17, 2010).

EPA Enters into Consent Decree in District Court to Upgrade Oil Pipeline in the Face of Clean Water Act Violations339

U.S. v. Plains All American Pipeline, Case No. 4:10-cv-2833, consent decree, Aug. 10, 2010 (S.D. Tex.).


Oregon Court of Appeals Clarifies Standing Requirements for Challenging Permit Amendment Decisions of the State Water Resources Department340

Pete’s Mt. Homeowners Association v. Oregon Water Resources Department, ___P.3d___, Case No. A140272 (Or.App. Aug. 11, 2010).