Western Water Law & Policy Reporter
May 2020
Volume 24, Number 7
May 2020
WESTERN WATER NEWS
Southern Nevada Water Authority Does Not Appeal Denial of Groundwater Applications for Las Vegas Pipeline185
Washington’s ‘Stay Home Stay Healthy’ Status and Its Effect on Water Law and Policy in the State186
REGULATORY DEVELOPMENTS
U.S. Bureau of Reclamation Releases Klamath River Project Interim Plan, Which Provides Additional Water for Endangered Species188
U.S. Geological Survey Releases Study Suggesting Colorado River Streamflow Reductions Are Associated with Atmospheric Warming190
California Department of Water Resources Awards $47 Million in Grants for Groundwater Sustainability Projects192
California State Water Resources Control Board to Consider Regulatory Compliance Extensions Due to COVID-19193
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions195
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Makes Clear that the Administrative ‘Finality’ Requirement under Williamson County for Federal Land Use Takings Claims Remains Intact198
Pakdel v City and County of San Francisco, 952 F.3d 1157 (9th Cir. 2020).
District Court Holds CAFO Citizen Suit Fails to Establish ‘Imminent and Ongoing Threat’ under RCRA and the Clean Water Act200
Garrison v. New Fashion Pork, LLP, ___F.Supp.3d___, Case No. 18-CV-3073 (N.D. Iowa Mar. 27, 2020).
District Court Grants Summary Judgment on Public Nuisance Claims Relating to PCB Contamination of San Diego Bay202
San Diego Unified Port District v. Monsanto Co., ___F.Supp.3d___, Case No. 3:15-CV-00578 (S.D. Cal. Mar. 26, 2020).
State:
California Court of Appeal Upholds Coastal Commission’s Certification of a Local Coastal Program for the Santa Monica Mountains204
Mountainlands Conservancy, LLC v. California Coastal Commission, ___Cal.App.5th___, Case No. B287079 (2nd Dist. Apr. 1, 2020).
New Mexico Court of Appeals Affirms Denial of Petition for Writ to Compel the State Engineer to Comply with Duty for Accounting of the Middle Rio Grande Conservancy’s District’s Water Use207
WildEarth Guardians v. Blaine, Case No. A-1-CA-37737 (N.M. App. Apr. 15, 2020).
Oregon Supreme Court Affirms Remand of a
Wetlands-Fill Permit to Oregon Department of State Lands Based on Statutory Mandate Regarding Public Need for the Water209
Citizens for Responsible Development in The Dalles v. Wal-Mart Stores, Inc., 366 Or. 272, 274, (Or. 2020).
