Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Western Water Law & Policy Reporter

November 2012

Volume 17, Number 1 November 2012


In a Curious Reversal, the Fifth Circuit Court of Appeals Holds that Army Corps Is Not Liable for Damages from Hurricane Katrina by Andrea Clark, Esq., Downey Brand, Sacramento, California3


California Governor Brown Signs Bill into Law to Facilitate Mitigation of Project Impacts on Natural Resources7

University of Colorado Study Finds that Pure Strain of Greenback Cutthroat Trout Exists in Only One Four-Mile Stretch of Colorado Stream8

Oregon to Launch First U.S. Commercial Wave Energy Device10


U.S. EPA Gives Low Rating to Federal Energy Regulation Commission’s Environmental Analysis of 224-Megawatt Hydroeletric Project11

California’s State Water Resources Control Board Issues Revised Draft Decision Implementing Nevada-California Truckee River Operating Agree-


State Rulemaking Petition Seeks Regulation of Pesticides in Oregon to Protect Threatened and Endangered Salmonids14


Green Groups File Suit against California Department of Public Health Demanding Adoption of Safe Standard for Contaminant in State Drinking




D.C. Circuit Considers CERCLA Section 113(H) Bar to RCRA Claims Regarding Property/River Already Subject to EPA Action18

Anacostia Riverkeeper v. Washington Gas Light Company, ___F.3d___, Case 1:11-cv-01453-RMC (D.C. Cir. Sept. 24, 2012).

District Court Holds Tile Drainage System Not Exempt from Clean Water Act Regulation20

Pacific Coast Federation of Fishermen’s Associations v. Glaser, ___F.Supp.2d___, Case No. CIV S-11-2980-KJM-CKD (E.D. Cal. Aug. 31, 2012).

District Court Holds Courts May Not Circumvent Maximum Statutory Penalty Amounts by Characterizing Penalties as ‘Community Service’21

U.S. v. Citgo Petroleum Corp., ___F.Supp.2d___, Case No C-06-563 (S.D. Tex. Sept. 18, 2012).


California Court Finds Project to Extend Water Supply to Tribal Casino Did Not Fall within the CEQA Exemption for Small Construction Projects23

Voices for Rural Living v. El Dorado Irrigation District, ___Cal.App.4th___, Case No. C064280 (3rd Dist. Oct. 4, 2012).

Idaho Supreme Court Rejects Delivery Call and Continues to Soften the Edges of the Prior Appropriation Doctrine25

In the Matter of the Petition for Deliver Call of A&B Irrigation District for Delivery of Groundwater—A&B Irrigation District v. Idaho Department of Water Resources, 212 Opinion 115 (Id. 2012).