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Western Water Law & Policy Reporter

April 2020

Volume 24, Number 6 April 2020

WESTERN WATER NEWS

Colorado Water Leaders Working Towards Demand Management Pro-

grams155

LEGISLATIVE DEVELOPMENTS

Washington State Legislative Recap of Water Related Bills158

REGULATORY DEVELOPMENTS

California Fish and Game Commission Adopts New Striped Bass Policy for the Delta160

Idaho Department of Health Issues Shelter-in-Place Order—Where Do State Irrigation Water Entities Stand during the Covid-19 Pandemic?162

Oregon Department of Land Conservation Determines Energy Project and Gas Pipeline Are Inconsistent with the State’s Coastal Management Pro-gram163

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions165

LAWSUITS FILED OR PENDING

State Class Action Filed Challenging Public Agencies’ Retail Water Rates under California’s Proposition 218169

JUDICIAL DEVELOPMENTS

Federal:

D.C. Circuit Finds CERCLA Cost Recovery Claim against the Federal Government Fails Due to Previous Clean Water Act Consent Decree171

Government of Guam v. United States of America, ___F.3d___, Case No. 19-5131 (D.C. Cir. Feb. 14, 2020).

District Court Holds Clean Water Act Citizen Suit Alleging Stormwater Discharges Into San Francisco Bay Survives Motion to Dismiss173

Eden Environmental Citizen’s Group, LLC v. American Custom Marble, Inc., ___F.Supp.3d___, Case No. 19-CV-03424-EMC (N.D. Cal. Feb. 13, 2020).

District Court Finds, in the Face of Oil Pollution Act Claim, That the U.S. Coast Guard’s Plans for ‘Worst Case Discharges’ in the Great Lakes, Adequate175

Environmental Law & Policy Center, et al., v. U.S. Coast Guard, ___F.Supp.3d___, Case No. 18-12626 (E.D. MI Mar. 16, 2020).

Court of Federal Claims Rejects ‘Takings Claims’ Related to Hurricane Harvey Downstream Flooding Cases177

In re Downstream Addicks and Barker (Texas) Flood-Control Reservoir, ___F.Supp.3d___, Case No. 17-9002 (Fed. Cl. Feb. 18, 2020).

State:

Nevada State District Court Orders the Denial of Southern Nevada Water Authority’s Groundwater Applications for Las Vegas Pipeline179

White Pine County and Consolidated Cases, et al. v. Nevada State Engineer, Case No. CV-1204049 (Mar. 9, 2020).