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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).