FEATURE ARTICLE
Will the U.S Environmental Protection Agency and the Army Corps of Engineers Amend the Definition of ‘Fill Material’ to Put the Pressure on Mountaintop Mining? by Richard S. Davis and Graham St. Michel, Beveridge and Diamond, P.C., Washington, D.C187
LEGISLATIVE DEVELOPMENTS
‘More Water for Our Valley Act’ Proposes Increased Congressional Direction Regarding Pumping in the Delta191
The Nevada Legislature Considers Definition of ‘Wildlife’—which Excludes Wild Horses and Burros—in Connection with the States Water Law
Statutes192
REGULATORY DEVELOPMENTS
Draft EPA/Corps Guidance Seeks to Expand Federal Jurisdiction over Wetlands, as Congress, Courts Question Agency Authority195
Arizona DWR Prepares Map of Determinations for ‘Assured and Adequate Water Supply’196
Colorado’s Interbasin Compact Committee Submits to Governor Framework for Meeting Statewide Water Demands198
FLOOD CONTROL DEVELOPMENTS
Flood Control Management and Liability Update200
LAWSUITS FILED OR PENDING
Bureau Announces More Water Mooting Motions in Consolidated Salmon Cases for Injunctive Relief to Prevent Implementation of BiOp ‘Reasonable and Prudent Alternatives’202
EPA Enters Into Proposed Consent Agreement over Alleged Clean Water Act Violations at Southeast Idaho Phosphate Mine204
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Finds Los Angeles County Flood Control District Liable for Discharged Pollutants in Violation of the Clean Water Act206
Natural Resources Defense Council, Inc. v. County of Los Angeles, ___F.3d___, Case No. 10-56017 (9th Cir. Mar. 10, 2011).
Ninth Circuit Finds California’s Regulation of Maritime Fuel Usage Not Preempted by Federal Submerged Lands Act208
Pacific Merchant Shipping Association v. Goldstene, ___F.3d___, Case No. 09-17765 (9th Cir. Mar. 28, 2011).
District Court Applies Rapanos Decision’s ‘Plurality’ Standard to Hold that the Forest Service Violated the Clean Water Act210
Sequoia Forestkeeper v. U.S. Forest Service, ___F.Supp.2d___, Case No. CV F 09-392 LJO JLT (E.D. Cal. Mar. 15, 2011).
District Court Finds Discharges into Man-Made Canal with Seasonal Flow May Violate the Clean Water Act212
U.S. v. Vierstra, ___F.Supp.2d___, Case No. 1:10-cr-204-REB, (D. Id. Mar. 18, 2011).
