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Western Water Law & Policy Reporter

April 2015

Volume 19, Number 6 April 2015


Idaho Conservation League Petitions EPA Seeking Revision of Snake River-Hells Canyon Clean Water Act Phosphorous TMDL159


Arizona Legislative Update on Water Bills161

California’s Sustainable Groundwater Management Act Kicks in Prompting the Formation of Local Sustainability Agencies to Avoid Direct State Management162

Utah Legislature Closes Out Its 2015 General Sessions by Passing Three Important Water Bills164


Center for Biological Diversity Files Lawsuit Alleging U.S. Department of the Interior Violated Federal Law When It Issued Permits for Offshore ‘Fracking’166

The Klamath River Basin Update—The Basin Adjudication Continues167



Fourth Circuit Applies Three-Part Analysis to Significant Nexus Test for Clean Water Act Jurisdiction169

Precon Development Inc v. U.S. Army Corps of Engineers, Unpub., Case No. 13-2499 (4th Cir. 2015).

District Court Requires Itemization of Defense Costs Sought from Insurer in Environmental Claims Suit in Oregon170

Century Indemnity Company v. The Marine Group, LLC, ___F.Supp.3d___, Case No. 3:08-cv-1375-AC (D. Or. 2015).

District Court Finds Plaintiff’s RCRA Claim Does Not Merit Injunctive Relief172

Phoenix Beverages, Inc. et al. v. Exxon Mobile Corporation et al., ___F.Supp.3d___, Case No. 12-cv-3771 (E.D. N.Y. Feb. 11, 2015).

District Court Finds Environmental Group Has Standing to Sue Gas Company under the Clean Water Act and RCRA For Century-Old Hazardous Waste Contamination174

San Francisco Herring Association v. Pacific Gas and Electric Company, ___F.Supp.3d___, Case No. 14-cv-0493-WHO (N.D. Cal. Feb. 26, 2015).


California Supreme Court Declines to Decide whether the Public Trust Doctrine Applies to Groundwater Extractions176

County of Siskiyou v. Superior Court of Sacramento County (Environmental Law Foundation), Case No. S220764, petition denied (Cal. Feb. 18, 2015).

Colorado Supreme Court Declines to Adopt Bright-Line Rule Regarding the Re-quantification of Previously Adjudicated Historic Consumptive Use Amounts in Later Change Cases178

Concerning Application for Water Rights of Sedalia Water & Sanitation District in Douglas County, 2015 CO 8, ___P.3d___ (Colo. Feb. 9, 2015).

Déjà Vu: Washington Supreme Court Rejects Purported ‘As Applied’ Constitutional Challenge to State Municipal Water Law180

Cornelius, et al. v. Washington Department of Ecology, et al., Case No. 88317-3, ___Wn.2d___ (Wash. Feb. 12, 2015).