Western Water Law & Policy Reporter
July 2013
Volume 17, Number 9
July 2013
FEATURE ARTICLE
Sensible Flood Risk Management for California’s Central Valley to Address Existing Risk and Hydrologic and Climate Change Uncertainties: A Partnership of Federal, State, and Local Efforts by Scott Shapiro, Esq., Downey Brand, California255
WESTERN WATER NEWS
Idaho Water Users Are Watching the Columbia River Treaty Proceedings Closely260
LEGISLATIVE DEVELOPMENTS
Responding to Drought: The Colorado State Legislature Enacts Multiple Water-Related Bills in the 2013 Session262
REGULATORY DEVELOPMENTS
FEMA Releases Study about Climate Change and Flood Insurance265
Interior Department Issues Updated Draft Rule for Fracking on Indian
Lands266
California Governor Brown Issues Executive Order to Streamline Water Transfers268
LAWSUITS FILED OR PENDING
Dredging Permit for Proposed Oregon Liquefied Natural Gas Export Facility Challenged in State Appellate Court270
JUDICIAL DEVELOPMENTS
Federal:
Fourth Circuit Holds Corps’ CWA 404 Permit for Mining Activities Was Supported by a ‘Hard Look’ at Potential Environmental Consequences272
Ohio Valley Environmental Coalition, Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 12-1999 (4th Cir. May 15, 2013).
District Court Dismisses Environmental Groups Citizen Suit Challenging EPA’s CWA National Contingency Plan Product Schedule as Time Barred . .274
Alaska Community Action on Toxics v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 12-1299 (D. D.C. May. 7, 2013).
District Court Finds Los Angeles Must Comply with Clean Air Act Particulate Matter Emissions Controls Related to Owens Lake Water Use275
City of Los Angeles v. Great Basin Unified Air Pollution Control District, ___F.Supp.2d___, Case No. 1:12CV1683 AWI SAB (E.D. Cal. May 2, 2013).
State:
California Court of Appeal Upholds CEQA Environmental Impact Report for Marin County Desalination Project278
North Coast Rivers Alliance v. Marin Municipal Water District, ___Cal.App.4th___, Case Nos. A133821, A135626 (Cal.App. May 21, 2013).
Texas Appellate Court Requires State Water Development Board to Resolve an Interregional Conflict. .280
Texas Water Development Board v. Ward Timber, LTD, Case No. 11-12-00030-CV (Tex.App. May 23, 2013).