Western Water Law & Policy Reporter
October 2020
Volume 24, Number 11
October 2020
FEATURE ARTICLE
309
WESTERN WATER NEWS
In the Midst of Drought, Water Conservation Districts in Colorado Ask
Voters for Water-Benefitting Tax Increases314
Treasure Valley Idaho: Two Municipalities with Separate Proposals for
Discharging Recycled Wastewater into Nearby Canals Are Generating Very Different Reactions316
San Diego County Water Authority, Again Considers a Colorado River Pipeline Project317
REGULATORY DEVELOPMENTS
Federal Agencies Release Columbia River System Operations Final EIS, That for First Time, Considers in Detail Alternative of Breaching Four Lower Snake River Dams319
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions322
LAWSUITS FILED OR PENDING
State Attorneys General Challenge Trump Administration’s Revamp of the National Environmental Policy Act324
JUDICIAL DEVELOPMENTS
Federal:
Second Circuit Decision Extends the Potential Scope of Oil Pollution Act Claims327
Power Authority of the State of New York v. M/V Ellen S. Bouchard, 968 F.3d 165 (2nd Cir. 2020).
District Court Reverses Army Corps’ Clean Water Act Jurisdictional Determination—Applies Both Justice Kennedy and Justice Scalia’s Analyses in
Rapanos328
Lewis v. United States, ___F.Supp.3d___, Case No. CV 18-1838 (E.D. La. Aug. 18, 2020).
District Court Bars Citizen Suit against County in Georgia Due to the Diligent Prosecution Provision of the Clean Water Act330
South River Watershed Alliance, Inc. v. DeKalb County, ___F..Supp.3d___, Case No. 1:19-cv-04299-SDG (N.D. Ga. Aug. 31, 2020).
State:
California Supreme Court Holds County’s Blanket Classification of All Well Construction Permit Issuances as Ministerial Violates CEQA332
Protecting Our Water and Environmental Resources v. County of Stanislaus, ___Cal.5th___, Case No. S. 251709 (Aug. 27, 2020).
California Court of Appeal Affirms State Water Board’s Authority to Regulate Unreasonable Water Use through Temporary Emergency Regulations and Curtailment Orders334
Stanford Vina Ranch Irrigation Company v. State of California, 50 Cal.App.5th 976 (3rd Dist. 2020).
Nevada Supreme Court Answers Certified Questions from the Ninth Circuit Court of Appeals Regarding the State’s Public Trust Doctrine337
Mineral County, et al. v. Lyon County, et al., Case No. 75917, 136 Nev.Adv.Op. 58 (Sept. 17, 2020).
