Western Water Law & Policy Reporter
October 2016
Volume 20, Number 11
October 2016
FEATURE ARTICLE
Citizen-Suit Litigation and the Recent Storm Water Regulations—Eight Ways Facilities Can Avoid Citizen-Suit Litigation under the Clean Water Act by Kirk A. Wilkinson, Esq. and Garrett L. Jansma, Esq., Latham 315
WESTERN WATER NEWS
Phase One of Research of United States-Mexico Transboundary Basin Aquifers Completed320
Major Milestone Reached in Klamath River Basin Dam Removal Eff-
orts321
The Battle Continues in Nevada and Utah in One of the Nation’s Largest Inter-Basin Water Transfers323
REGULATORY DEVELOPMENTS
California Water Commission to Consider Revised Regulations on Eligibility of Water Storage Projects for Proposition 1 Funding325
LEGISLATIVE DEVELOPMENTS
A True ‘Rainy Day Fund’ Rain Barrel Bill Officially Takes Effect in Colorado327
JUDICIAL DEVELOPMENTS
Federal:
Eleventh Circuit Approves Different Requirements for Grandfathered Clean Water Act Permits—Upholds Nationwide Permit for Surface Coal Min-
ing329
Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 15-14745 (11th Cir. Aug. 12, 2016).
D.C. Circuit Finds It Cannot ‘Rescue’ the Federal Government from Overpayment of CERCLA Remediation Costs that Were Made via Contractual Agreement331
Lockheed Martin Corporation v. U.S., ___F.3d___, Case No. 14-5302 (D.C. Cir. Aug. 19, 2016).
District Court Dismisses California Cities’ PCB Discharge Claims for Stormwater Runoff into San Francisco Bay333
City of San Jose, et al. v. Monsanto Co., et al., ___F.Supp.3d___, Case No. 5:15-cv-03178-EJD (N.D. Cal. Aug. 22, 2016).
State:
California Supreme Court Rejects Federal Preemption Challenges—Upholds State Law Restrictions on Suction Dredge Mining in Waters on Federal Land335
People v. Rinehart, ___Cal.5th___, Case No. S222620 (Cal. Aug. 22, 2016).
