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Western Water Law & Policy Reporter

June 2016

Volume 20, Number 8 June 2016


California Governor Brown Issues New Water Conservation Order223


Idaho’s Lower Boise River Clean Water Act Phosphorus TMDL Credit Trading Program in Development225


U.S. Senate Approves Amendment to Secure Water Act of 2009 Providing Funding for Water Projects in the Parched West227

Arizona Leaders Testify at U.S. Subcommittee Hearing Regarding Senate Bill: ‘Western Water Supply and Planning Enhancement Act’229

In the West Where Life Is Written In Water—Another Water Heavy Year at the Colorado Legislature230


Environmental Groups Bring Clean Water Act Suit against EPA Officials Alleging Failure to Review Changes to Water Quality Standards232

Environmental Groups Permitted to Raise ESA Claims in U.S. District Court Challenging Federal Water Service Contract Renewals in Calif-


San Diego County Water Authority Files Fourth Lawsuit against Metropolitan Water District of Southern California over Water Rates236



District Court Grants Motion Bringing Defendant Back into MTBE Contaminated Groundwater Litigation Years after Initial Dismissal238

Commonwealth of Puerto Rico v. Shell Oil Co., ___F.Supp.3d___, Case No. 1:07-cv-10470 (S.D. N.Y. Apr. 15, 2016).

District Court Rejects Columbia Basin Salmon/Steelhead Recovery Plan and Orders New Biological Opinion240

National Wildlife Federation, et al. v. National Marine Fisheries Service, et al., ___F.Supp.3d___, Case No. 3:01-cv-00640-SI (D. Or. May 4, 2016)

District Court Holds ‘Permit Shield’ Defense Does Not Apply to Violations of State Water Quality Standards Incorporated into NPDES Permit243

Natural Resources Defense Council v. Metropolitan Water Reclamation District of Greater Chicago, ___F.Supp.3d___, Case No. 11-cv-02937 (N.D. Ill. Mar. 31, 2016).

District Court Grant’s Army Corps’ Request for Voluntary Remand of Mitigation Banking Instrument for Further Proceedings244

Sierra Club, Inc. v. St. Johns River Water Management District, ___F.Supp.3d___, Case No. 6:145-cv-1877—Orl-40DAB (M.D. Fl. Apr. 4, 2016).