Your path: Home) Archive Page) Subjects) Topics) Water Quality 1995 Bay Delta Water Quality Contol Plan April 2006: Third District Court of Appeal Rules on the Validity of SWRCB’s Decision D-1641 State Water Resources Control Board Cases, ___Cal.App.4th___ C044714, (3rd Dist. Feb. 9, 2006) Administration July 2009: State Water Resources Control Board Issues Proposed Revisions to the Water Quality Enforcement Policy June 2009: Oregon Undergoing Significant Review of Its Water Quality Standards and Toxics Regulation June 2009: Chicago Area Waterway Rulemaking Continues Without an End in Sight June 2009: Vermont Court Finds State Agency Must Act under the Federal Clean Water Act to Regulate Stormwater Discharges In re Stormwater NPDES Petition (Conservation Law Foundation Appeal) 14-1-07 Vtec (Vt. Envt. Ct 2009) May 2009: New Strategies for Injecting Climate Change Analysis into Agency Decision-Making Likely a Washout January 2009: The Obama Administration and Water—New Regulations and Infrastructure Funding Expected in 2009 December 2008: Oregon Governor Ted Kulongoski Proposes ‘Headwaters to Ocean’ Comprehensive Water Strategy November 2008: New Tucson Regulations Require Graywater Use and the Harvesting of Rainwater November 2008: Maryland Proposes New Poultry Operations Discharge Permit and Regulations August 2008: State Water Resources Control Board and Two Regional Water Quality Control Boards Release Strategic Workplan for Delta Estuary April 2008: California Water Boards Reissue Draft Strategic Plan Update 2008-2012 March 2008: Fourth District Court Removes Procedural Hurdle to Water Quality Litigation Schutte & Koerting, Inc. v. California Regional Water Quality Control Bd., San Diego Region, ___Cal.App.4th___ D048830 (4th App. Dist. Jan. 16, 2008) December 2007: Illinois Undertakes Significant Water Quality Standards Revision for the Chicago Area October 2007: Green Infrastructure: A Storm Perfected? August 2007: Environmental Groups Sue Central Valley Regional Board Water Quality Control Board over Waivers for Agricultural Discharges California Sportfishing Protection Alliance v. California Regional Water Quality Control Board—Central Valley, filed June 15, 2007, Sacramento Superior Court August 2007: New Mexico Court of Appeals Affirms State’s Water Quality Control Commission’s 2005 Amendment to Water Quality Standard Defining ‘Surface Waters of the State’ New Mexico Mining Association, et al. v. Water Quality Control Commission (N.M. Ct. App. May 10, 2007) August 2007: Washington State Pollution Control Hearings Board Rejects Vegetation Removal as Mitigation for Groundwater Rights CPM Development Corp. dba ICON Materials v. Ecology PCHB No. 03-071 (Order on Summary Judgment, March 12, 2007) July 2007: State Water Resources Control Board Dismisses Petitions for Review of Central Valley Agricultural Waiver April 2007: ‘Great Lakes Collaboration Implementation Act’ Is Introduced in Congress to Address the ‘Great Lakes Regional Collaboration Strategy to Restore and Protect the Great Lakes’ February 2007: Idaho Department of Environmental Quality Seeks to Jumpstart Water Quality Standards Rulemaking January 2006: Mississippi Gulf Coast Water and Wastewater Resources Plan Has a Half- Billion-Dollar Price Tag December 2006: California Water Resources Control Board Issues Proposed Rule Concerning Grants of Stay of the Effect of a Regional Water Quality Control Board December 2006: Great Lakes Water Quality Agreement Redux?—Commission Completes Report ‘Advice to Governments on Their Review of the Great Lakes Water Quality Agreement’ November 2006: EPA Promulgates New Rule Regulating Contamination of Drinking Water Drawn from Groundwater (National Primary Drinking Water Regulations: Ground Water Rule) 40 CFR Parts 9, 141 and 142 October 2006: Supreme Court of Vermont Remands Water Quality Discharge Case to the State Agency for Natural Resources after Finding that the Vermont Water Resources Board Did Not Have Primary Jurisdiction In Re Stormwater NPDES Petition 2004-595 (Vt. Aug. 25, 2006) June 2006: California Agricultural Water Quality Regulatory Update: Waiver Programs and Increasing Fees May 2005: Water Quality in California’s Central Valley: Seeking an Enforcement Policy for the Future September 2004: COLORADO: Enforcement of Water Quality Regulation and Penalties September 2004: UTAH: Enforcement of Water Penalties September 2004: NEVADA: Enforcement of Water Quality Regulation and Penalties September 2004: WASHINGTON: Enforcement of Water Quality Regulation and Penalties September 2004: IDAHO: Enforcement of Water Quality Regulation and Penalties September 2004: TEXAS: Enforcement of Water Quality Regulation and Penalties September 2004: NEW MEXICO: Enforcement of Water Quality Regulation and Penalties September 2004: CALIFORNIA: Enforcement of Water Quality Regulation and Penalties September 2004: OREGON: Enforcement of Water Quality Regulation and Penalties September 2004: ARIZONA: Enforcement of Water Quality Regulation and Penalties August 2004: State Water Resources Control Board Passes Resolution 2004-0035 to Implement the Consolidated Watershed Protection, Watershed Management, Drinking Water Quality, and Nonpoint Source Pollution Control Grants. December 2003: Governor Davis Approves Bill Granting Regional Water Quality Control Boards Veto Power over Approval of Timber Harvesting Plans December 2003: State Water Resources Control Board Issues Draft Water Quality Order on Statewide General Waste Discharge Requirements for Dredged or Fill Discharges November 2003: California Court of Appeal Decides Regional Boards Need Not Consider Economic Burdens when Determining Permit Effluent Limitations City of Burbank v. California State Water Resources Control Bd. ___Cal.App.4th___, Case No. B150912; City of Los Angeles v. State Water Resources Control Bd., Case Nos. B151175, B152562, consolidated (2nd Dist. Aug. 18, 2003). Agricultural Runoff January 2008: Groups Critical of Chesapeake Bay Progress November 2007: Central Valley Irrigated Lands Program Update August 2007: Environmental Groups Sue Central Valley Regional Board Water Quality Control Board over Waivers for Agricultural Discharges California Sportfishing Protection Alliance v. California Regional Water Quality Control Board—Central Valley, filed June 15, 2007, Sacramento Superior Court April 2007: Federal Plan Advances to Address Salinity Drainage Issues in the Western San Joaquin Valley March 2007: Florida Announces Proposed Administrative Rule to Limit Nutrients in Urban Turf and Lawn Fertilizers August 2006: Addressing Water Quality in the Agricultural Central Valley: Region 5 Water Quality Control Board Renews Irrigated Lands Program February 2006: Central Valley Regional Water Quality Control Board Extends Conditional Waiver Program for Runoff from Irrigated Lands February 2004: State Water Resources Control Board Holds Workshop to Consider Draft Order Regarding Agricultural Runoff Rules 1 December 2003: State Water Resources Control Board Stays Requirement for Agricultural Coalitions to File Membership Documents under Agricultural Discharge Waiver. (SWRCB Order WQO 2003-0016, October 28, 2003.) November 2003: Water and Wine: Regulation of Vineyard and Winery Development and Operation in California’s North Coast Counties October 2003: Agricultural and Environmental Interests File Petition for Review of Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands SWRCB/OCC File No. A-1586 and A-1586(a) through A-1586(f)). October 2003: Water Rights Decisions in Washington’s Okanogan County Uphold Agency Decisions Reducing Diversions, Increasing Instream Flows County of Okanogan et al. v. National Marine Fisheries Service); Methow Valley Irrigation District v. State of Washington, Department of Ecology, Washington Pollution Control Hearings Board Case No 02-35512, Memorandum Opinion (9th Cir. Aug. 14, 2003); Case No. 02-071, (Aug. 20, 2003). March 2003: Environmental Groups Challenge Central Valley Regional Water Quality Control Board's Decision to Issue a Waiver for Agricultural Return Flows Deltakeeper, et al. v. California Regional Water Quality Control Board - Central Valley Region Case No. 03CS00032 (Sacramento Superior Court). Animal Facilities November 2008: Maryland Proposes New Poultry Operations Discharge Permit and Regulations November 2006: EPA Proposes Revisions to Concentrated Animal Feeding Operations (CAFO) Rule April 2005: Second Circuit Partially Upholds and Partially Strikes Down EPA’s Concentrated Animal Feed Operation Regulations under the Clean Water Act Waterkeeper Alliance, Inc. et al v. U.S. Environmental Protection Agency, ___F.3d ___ 03-4470, (2nd Cir. Feb. 28, 2005) February 2005: Supreme Court of Iowa Affirms Enforcement of Settlement Agreement in Environmental Nuisance Case. Sierra Club v. Wayne Weber LLC, Case No. 107/03-0654 (Iowa Dec. 3, 2004). December 2003: North Carolina Court of Appeals Recognizes Continuing Violation in Assessing Penalties for Hog Farm Murphy Family Farms v. North Carolina Dep’t of Environmental and Natural Resources 585 S.E.2d 446, (N.C. App. Sept. 16, 2003). May 2003: Central Valley Regional Water Quality Control Board Rescinds Dairy Runoff Waiver Anti-Degradation Policies and Programs December 2008: State Water Resources Control Board to Review Its State Anti-Degradation Policy Aquatic Pesticides July 2001: Application of Aquatic Pesticides: State and Federal Regulators Continue Work to Soften Impacts of the "Talent" Decision Arsenic April 2008: aaa aaa aaa January 2007: Federal Arsenic Drinking Water Standards Create Great Difficulty for Implementing Water Departments January 2005: Illinois District Court Declines to Dismiss Groundwater Contamination Claim under the Statute of Limitations Ludwig v. Pilkington North America, Inc., ___ F.Supp.2d ____ 03 C 1086 (N.D. Ill. Oct. 25, 2004) June 2004: California  Environmental Protection Agency Sets Public Health Goal for Arsenic in Drinking  Water November 2002: Tenth Circuit Holds that Federal RCRA Enforcement Is Permissible even after a State Initiates Its Own Enforcement Action United States v. Power Engineering Co ___F.3d___, Case No. 01-1217 (10th Cir. Sept. 4, 2002) May 2002: The New Arsenic Standard: A Look Forward to the 2006 Implementation of Tighter Standards by Thierry Montoya and Robert Orozco with the California law firm of Morris Polich & Purdy, LLP October 2001: U.S. Environmental Protection Agency Reconsidering Arsenic Levels in Drinking Water June 2001: Former EPA Safe Drinking Water Act Arsenic Rule Lowering Levels Is Suspended by Bush Administration June 2001: Former EPA Safe Drinking Water Act Arsenic Rule Lowering Levels is Suspended by Bush Administration Artificial Snow June 2007: Ninth Circuit Holds Use of Recycled Sewage Effluent to Make Artificial Snow Violates Religious Freedom Restoration Act and NEPA Navajo Nation, et al. v. U.S. Forest Service, et al., ___ F.3d ___ 06-15371, 06-15436, 06-15455 (9th Cir. March 12, 2007) Bacteria July 2004: State Water Resources Control Board Declines to Approve Basin Plan Amendment Concerning Groundwater Bacteria Requirements. November 2002: State Water Resources Control Board Adopts New Bacteria Total Maximum Daily Load for Los Angeles Coastal Beaches August 2002: Los Angeles RWQCB Proposes Draft Santa Monica Bay Beaches "Wet" Weather Bacteria TMDL Benzene December 2004: Texas Appeals Court Affirms Conviction of Utility Operator for Providing Benzene-Tainted Water to Customers McCelvey v. State of Texas, ___S.W.3d___ 03-02-00649-CR (Tex. App.—Austin Aug. 26, 2004) Bills and Proposed Legislation July 2009: Bill Introduced to Remove Safe Drinking Water Act Exemption for Natural Gas Wells May 2009: West Virginia Underground Injection of Coal Slurry a Growing Concern and the Subject of Proposed Legislation March 2009: 75th Session of the Nevada Legislature Commenced—Several Water-Related Bills on the Table January 2009: The Obama Administration and Water—New Regulations and Infrastructure Funding Expected in 2009 August 2008: U.S. Coastlines and Estuaries the Focus of Public Interest Group Report May 2008: The ‘California Clean Water Act of 2008’ Attempts to Address Aging Sewer Systems January 2008: Fish Food: Oregon’s Landmark Proposal to Reduce the Amount of Pharmaceuticals in Its Rivers December 2007: Governor Acts on Potential Legislation Addressing Water Supply, Water Quality, and Flood Issues December 2007: Congress Overrides President on Water Resources Development Act December 2007: House Subcommittee Approves Bill to Require Perchlorate Standard October 2007: Congress Likely to Address Clean Water Act Jurisdiction in the Fall October 2007: Congressional Testimony Sparks Debate over H.R. 2421—The Clean Water Restoration Act of 2007 July 2007: Debate over the Effects of Perchlorate Jeopardizes the Future of Federal Legislation to Clean Up Drinking Water May 2007: Trends Point to Greater Cooperation, Increased Environmental Efforts for Chesapeake Bay April 2007: ‘Great Lakes Collaboration Implementation Act’ Is Introduced in Congress to Address the ‘Great Lakes Regional Collaboration Strategy to Restore and Protect the Great Lakes’ August 2006: Proposed Federal Legislation Would Ban Dumping of Sewage into the Great Lakes within Twenty Years—H.R. 5734: The ‘Great Lakes Water Protection Act’ June 2006: Great Lakes Restoration Bills Introduced in U.S. Senate and House; $20 Billion to Restore Nation’s Largest Source of Freshwater March 2006: Virginia General Assembly to Address Garbage Barge Compromise on James River February 2006: Federal Farm Bill Recommendations Seek to Address Chesapeake Bay Pollution December 2005: U. S. House of Representatives Unanimously Approves HR 117, Designed to Improve Southern California’s Water Quality and Quantity August 2005: U.S. Senate Appropriations Committee Approves $73 Million for CALFED Bay-Delta Program July 2005: U.S. House of Representatives Approves Inland Empire Water Recycling Funding July 2005: Nevada Legislature Approves New Water-Related Bills November 2004: Newly-Enacted Legislation Requires Delta Water Quality Plan before DWR Can Increase the Amount of Water Pumped from the Delta April 2004: State Water Resources Control Board Adopts Regulations Requiring Certification for Underground Storage Tank Operators, Installers, Service Technicians and Inspectors February 2004: Senator Machado Introduces Bill that Would Require Implementation of CalFed Goals before Delta Exports Can Be Increased January 2004: House Energy Bill’s MTBE Provisions: Industry “Gift Basket” or Congressional Apology? January 2004: Water and the 2003 California Legislature: Polemics, Procrastination & Pirouettes January 2004: California Legislature Passes Two Bills Addressing Perchlorate Contamination July 2003: H.R. 6 and S. 791: Federal Legislation Pending Regarding Insulation for Liability for MTBE Producers June 2003: Washington State Enforcement Action Deeming Water Diversion Pollution" Alarms Water Users, Energizes Legislature December 2002: Voters Approve $3.44 Billion Dollar Water Bond on the November 2002 Ballot December 2002: Monterey Voters Give Two-Thirds Approval to Disband Monterey Peninsula Water Management District; District Moves Forward with Draft Groundwater Regulation Ordinance December 2002: Legislation Requires Orange County Sanitation District Ocean Discharges to Meet Secondary Treatment Standards within Ten Years December 2002: State Water Resources Control Board Approves Water Project Priority List and Contract to Implement Water Projects under Proposition 13 December 2002: Washington State Watershed Planning Hits the Homestretch November 2002: Governor Approves AB 3000, Increasing Fees for Waste Dischargers and Adding Water Quality Criterion to Fee Calculation. June 2002: New Legislation Encourages Water Agency Involvement in Groundwater Investigations to Protect Drinking Water Supplies January 2002: Two Federal Bills Would Help Fund Defenses against Biological Attacks on Water Supplies California Clean Water State Revolving Fund March 2009: State Water Resources Control Board Holds Workshops even before Economic Stimulus Bill Was Passed Central Valley Region Basin Plan April 2001: Interpreting Water Code § 1126 for the First Time, Superior Court Denied Motions to Dismiss D-1641 Cases for Failure to Name the U.S. Bureau of Reclamation as a Defendant Regents of the University of California v. State Water Resources Control Board, Case No.CV98-1540 (Yolo County Superior Court Feb. 8, 2001). Certification Fees February 2004: State Water Resources Control Board Adopts Emergency Regulations Establishing Water Right and Water Quality Certification Fees Schedules; Lawsuit Filed SWRCB Resolution No. 2003-0077. Chesapeake Bay June 2009: President Obama Signs Chesapeake Bay Executive Order April 2008: aaa aaaa aaa February 2006: Federal Farm Bill Recommendations Seek to Address Chesapeake Bay Pollution January 2006: Government Accountability Office Issues Report Critical of Chesapeake Bay Program Chromium 6 December 2004: Erin Brokovich Revisited: PG&E Proposes New Solution for Cleaning Up Hinkley’s Groundwater. November 2002: Tenth Circuit Holds that Federal RCRA Enforcement Is Permissible even after a State Initiates Its Own Enforcement Action United States v. Power Engineering Co ___F.3d___, Case No. 01-1217 (10th Cir. Sept. 4, 2002) July 2001: Federal and State Governments to Study Effects of Chromium 6 in Drinking Water May 2001: Chromium 6: Update on Legislation and Studies Civil Enforcement Actions March 2009: Central Valley Regional Board Proposes to Fine Small Mutual Water Company $3.9 Million in Mandatory Minimum Penalties October 2005: Recent Investigations, Settlements, Penalties and Sanctions Civil Liability September 2004: NEVADA: Enforcement of Water Quality Regulation and Penalties September 2004: TEXAS: Enforcement of Water Quality Regulation and Penalties September 2004: CALIFORNIA: Enforcement of Water Quality Regulation and Penalties December 2003: North Carolina Court of Appeals Recognizes Continuing Violation in Assessing Penalties for Hog Farm Murphy Family Farms v. North Carolina Dep’t of Environmental and Natural Resources 585 S.E.2d 446, (N.C. App. Sept. 16, 2003). March 2002: California Supreme Court Decision and Water Agreement Affect San Gabriel Basin Cleanup Measures Hartwell Corporation et al. v. Superior Court of Ventura County ___Cal4th___, Case No. S082782 (Cal. Feb. 2, 2002) Colorado River June 2003: Federal Court Remands Determination of IID's Reasonable and Beneficial Water Use to U.S. Department of Interior Imperial Irrigation District v. Norton, et al. ___F.Supp.2d___, Case No. 03CV0069W (JFS), filed Jan. 10, 2003 (S.D. Cal.) Concentrated Animal Feeding Operations November 2008: Maryland Proposes New Poultry Operations Discharge Permit and Regulations March 2008: Michigan CAFO Rules Adjudged Deficient under Clean Water Act by State Appeals Court Sierra Club, Mackinac Chapter v. Michigan Department of Environmental Quality, ___N.W.2d___ 269181 (Mich.App. Jan 15, 2008) September 2004: COLORADO: Enforcement of Water Quality Regulation and Penalties May 2003: Central Valley Regional Water Quality Control Board Rescinds Dairy Runoff Waiver March 2003: IDAHO: Meeting Water Needs in the Face of Diminished Supply - The Role of Water Conservation and Reuse February 2003: Proposed Idaho Legislation Looks at Water Rights and the "Local Public Interest" January 2003: U.S. Environmental Protection Agency Addresses Agricultural Regulations under the Clean Water Act Conditional Waiver Fees June 2006: California Agricultural Water Quality Regulatory Update: Waiver Programs and Increasing Fees Consultants October 2006: Untimely Negligence Claim In Groundwater Litigation by Municipality against Hydrogeologist Is Allowed Based upon Discovery Rule Borough of Berlin v. Remington & Vernick Engineers L-2774-99 (N.J. App.Div. Aug. 23, 2006) Copper May 2005: U.S. Environmental Protection Agency Announces Drinking Water Lead Reduction Plan Criminal Enforcement Actions October 2005: Recent Investigations, Settlements, Penalties and Sanctions Criminal Liability September 2004: NEVADA: Enforcement of Water Quality Regulation and Penalties September 2004: TEXAS: Enforcement of Water Quality Regulation and Penalties December 2001: FEDERAL: Sixth Circuit Fines Water Treatment Plant Employees for Falsifying Data and Further Defines Sentencing Guidelines for Environmental Violators United States v. White ___ F.3d ___, Case No. 986609 (6th Cir. October 29, 2001). November 2001: TEXAS: State Appellate Court Upholds Criminal Fine against Homeowner for Unlawful Discharge of Sewage Landry v. State (Tex. App. Houston, 14th Dist. Sept. 6, 2001). Cruise Ships July 2002: The "Sludge" Boat? - The Efficacy of the Current Statutory and Enforcement Schemes to Regulate the Discharge of Waste Materials by the Cruise Ship Industry Desalination June 2005: Cal-Am Asks PUC to Limit Intervenors in Rate Request to Pay for Desalinization Project &65279;Cal. P.U.C. Proceeding A05-02-012, filed Feb. 16, 2005 April 2005: Desalination Facilities and Coastal Power Plants: Finding New Use for Old Technology December 2002: Texas Steps Up Efforts to Develop Large-Scale Desalination as a Source of Additional Water Supplies Discharge Waivers December 2007: Regional Water Quality Control Boards Consider Discharge Waivers in Wake of Wildfires Discharges June 2009: Oregon Undergoing Significant Review of Its Water Quality Standards and Toxics Regulation June 2009: News from the West March 2009: Montana Supreme Court Finds State Department of Environmental Quality Erroneously Issued a State Discharge Permit for Proposed Mining Operation Clark Fork Coalition v. Montana Departmentt of Environmental Quality 197 P.3d 482 (MT 2008) August 2007: New Jersey DEP Not Required to Promulgate Rules before Enforcing Them against Permittees Regarding Phosphorus Discharges into State Waters Sussex County Municipal Utilities Authority v. New Jersey Department of Environmental Protection A-4723-05T2 (NJ App. Div. June 27 2007) July 2007: State Water Resources Control Board Dismisses Petitions for Review of Central Valley Agricultural Waiver March 2007: Boeing Files Lawsuit to Challenge Limitations on Discharges from Its Santa Susana Field Laboratory April 2006: aaa aaa aaa Disinfection December 2006: New Generation of Disinfection Byproducts Raise New Concerns Dissolved Oxygen Levels March 2005: Stockton Fish Kill Solution Blames Everybody, Pleases Nobody Drinking Water July 2009: Bill Introduced to Remove Safe Drinking Water Act Exemption for Natural Gas Wells December 2008: U.S. EPA Poised to Leave Perchlorate Unregulated in Drinking Water December 2008: U.S. EPA Poised to Leave Perchlorate Unregulated in Drinking Water February 2008: Congress Asks Why Federal Agency Has Failed to Conduct TCE-Related Health Studies January 2008: EPA’s Long-Term 2 Enhanced Surface Water Treatment Rule Upheld by D.C. Circuit City of Portland, Oregon v. U.S. Environmental Protection Agency, ___F.3d__ _ 06-1068 (D.C. Cir. Nov. 6, 2007) December 2007: House Subcommittee Approves Bill to Require Perchlorate Standard November 2007: New State Regulations Set Legal Limit for Perchlorate in Public Water Supplies July 2007: Debate over the Effects of Perchlorate Jeopardizes the Future of Federal Legislation to Clean Up Drinking Water July 2007: Second Circuit Holds States’ Lawsuits against Oil Companies for MTBE Contamination of Drinking Water Supplies May Be Heard in State Court In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.3d___ 04-5974-cv(L) and 04-6056-cv(CON) (2nd Cir. May 24, 2007) January 2006: District Court Finds Prisoners May Not Pursue Federal Class Action against U.S. Officials for Exposure to Contaminated Water—May Pursue Limited Claims against State Defendants Robert Suarez v. A1, et al., ___F.Supp.2d___ 06-2782 D.N.J. (D. NJ Dec. 13, 2006) December 2006: New Generation of Disinfection Byproducts Raise New Concerns November 2006: New Orleans Drinking Water Supply System Leaks Reduced by Half March 2006: Court of Appeal Upholds Lower Court Ruling that Plaintiff Failed to Prove a Discharge in Violation of Proposition 65 As You Sow v. Conbraco Industries, ___Cal.App. 4th___ A106660, (1st Dist. filed Dec. 12, 2005, certified for publication Jan. 4, 2006) January 2006: City of San Diego Sued Over Plans to Convert Wastewater Into Drinking Water Currie v. City of San Diego, Case No. GIC857292 filed Nov. 22, 2005 (San Diego Co. Super. Ct.) December 2005: Ninth Circuit Upholds Divestiture and Financial Penalties to Water System Operator for Violations of the Safe Drinking Water Actv United States v. Alisal Water Corp., ___F.3d___ 02-15907, 04-16210 (9th Cir. Oct. 13, 2005) May 2005: U.S. Environmental Protection Agency Announces Drinking Water Lead Reduction Plan January 2005: Supreme Court of Virginia Bars Toxic Water Claims under Sovereign Immunity Doctrine City of Chesapeake v. Helen Cunningham 604 S.E.2d 420 (S.Ct. Va. Nov. 5, 2004) December 2004: Texas Appeals Court Affirms Conviction of Utility Operator for Providing Benzene-Tainted Water to Customers McCelvey v. State of Texas, ___S.W.3d___ 03-02-00649-CR (Tex. App.—Austin Aug. 26, 2004) June 2004: California  Environmental Protection Agency Sets Public Health Goal for Arsenic in Drinking  Water October 2002: Continuing Litigation and Administrative Processes Regarding Central Valley RWQCB’S Waiver of Waste Discharge Requirements for Agricultural Return Flows Waterkeepers Northern California, et al. v. CVRWQCB, Sacramento Superior Court Case No. 02CS00289. Regional Water Quality Control Board October 2002: Settlements Reached with Remaining Defendants in California’s South Lake Tahoe MTBE Lawsuit South Tahoe Public Utility District v. Atlantic Richfield Co., Case No.999128 (San Fran.Super.Ct.Aug.5,2002). October 2002: California Court of Appeal Holds that State May Limit Concentration of Contaminant in Drinking Water Based on Detectable Taste to a Substantial Number, if Not Majority, of Consumers Western States Petroleum Association v. Department of Health Services ___Cal.App.4th___, Case No. C037502 (3rd Dist., June 27, 2002). Effluent Limitations March 2007: Boeing Files Lawsuit to Challenge Limitations on Discharges from Its Santa Susana Field Laboratory Endocrine Disruptors December 2006: Congress Hears Concerns over Potomac River ‘Intersex’ Fish October 2003: Endocrine Disruptors—A Water Quality Concern to Monitor Enforcement February 2001: State Water Resources Control Board Proposes Standardized Enforcement Policy for All Nine Regional Boards February 2001: State Water Resources Control Board Proposes Standardized Enforcement Policy for All Nine Regional Boards February 2001: A Wrap-Up of Water Legislation 2000 January 2001: California: State Water Resources Control Board Issues Revised Statewide Enforcement Proposal to Standardize an Increasing Number of Enforcement Actions EPA Lead Copper Rule May 2006: Lead in Washington, D.C. Drinking Water Still of Concern Fees August 2006: Fifth District Court of Appeal Holds that Irrigation District May Charge Town for Costs of Treating Water Delivered under Ancient Contractual Obligation Turlock Irrigation District v. Zanker, ___Cal.App.4th ___ F047094 (5th Dist. June 26, 2006) Fines and Penalties October 2005: Judge orders Los Angeles Department of Water and Power to Restore Section of the Lower Owens River Sierra Club et al. v. City of Los Angeles SICVCV-01-29768 (Inyo Co. Super. Ct. July 25, 2005) Fire December 2007: Regional Water Quality Control Boards Consider Discharge Waivers in Wake of Wildfires Funding November 2004: State Water Resources Control Board Adopts Water Rights and Water Quality Fee Schedules for 2004-2005 State Water Resources Control Board 20004-0061 (Amending Cal. Code Regs., tit. 23, div. 3) August 2004: State Water Resources Control Board Passes Resolution 2004-0035 to Implement the Consolidated Watershed Protection, Watershed Management, Drinking Water Quality, and Nonpoint Source Pollution Control Grants. General 1 September 2003: California: Issues Facing the State’s Rivers and Streams xxx xxx October 2002: Water Rights and Water Quality Issues in Land Use Decisions: Example from Oregon Molalla River Reserve, Inc. v. Clackamas County, 2002 Ore.Land Use Bd.___(2002). May 2002: State Water Resources Control Board Approves Proposition 13 Grants and Loans May 2002: Water Supply Security Act, Other Water Programs, Covered in SB 2070 March 2002: State Bond Measure Totaling $ 2.6 Billion to Appear on March Ballot March 2002: Attorney General Sues Squaw Valley Ski Corporation Alleging Unfair Business Practices Relating to Environmental Issues Graywater November 2008: New Tucson Regulations Require Graywater Use and the Harvesting of Rainwater Great Lakes Regional Collaboration Strategy to Restore and Protect the Great Lakes April 2007: ‘Great Lakes Collaboration Implementation Act’ Is Introduced in Congress to Address the ‘Great Lakes Regional Collaboration Strategy to Restore and Protect the Great Lakes’ Green Infrastructure April 2008: aaa aaa aaa Groundwater May 2009: West Virginia Underground Injection of Coal Slurry a Growing Concern and the Subject of Proposed Legislation March 2009: Judicial Stay Lifted Allowing State Water Resources Control Board Perchlorate Hearings to Rekindle Goodrich Corporation, et al. v. California State Water Resources Control Board, et al. BS 115673 (Los Angeles Cnty Super Ct) February 2009: DWR Announces Local Groundwater Assistance Grant Awards; More Funds Available December 2008: District Court Allows Sewer Contamination Nuisance Action against City to Proceed, Rejecting Immunity Claims Adobe Lumber, Inc. v. Hellman, ___F.Supp.2d___ 05-1510 WBS PAN (E.D. Cal. Oct. 2, 2008) December 2008: District Court Holds Statue of Limitations for CERCLA Response Costs Begins upon Completion of All Removal Actions—Groundwater Contamination Is a ‘Continuing’ Nuisance ENNS Pontiac, Buick, & GMC, et al. v. Flores, et al., ___F.Supp.2d___ 1:07-CV-1043 OWW DLB (E.D. Cal. Oct. 10, 2008) August 2008: U.S. EPA’s Final Rule Amending Federal Underground Injection Control Requirements Meets Administrative Procedure Act Requirements Miami-Dade County v. U.S. Environmental Protection Agency, ___F.3d___ 06-10579, 06-10583, 06-10576, 06-10575, 06-10574, 06-10551 (11th Cir. June 6, 2008) June 2008: District Court Dismisses Claims Regarding Contamination of Amazonian River Basin in Peru Due to Forum Non Conveniens Carijiano et al. v. Occidental Petroleum Corp. et al., ___F.Supp.2d___ CV 07-5068 (C.D. Cal. April 15, 2008) April 2008: Water Users Attempt to Expand Sixth District’s 2007 Holding that Groundwater Augmentation Fees Are Subject to Proposition 218 Pajaro Sunny Mesa Community Services District v. Pajaro Valley Water Management Agency CV 159508, County of Santa Cruz Superior Court, filed Feb. 20, 2008 March 2008: New Mexico Cities and Towns Struggle to Achieve Compliance with EPA’s Arsenic Rule March 2008: Idaho Mining Association Busy Lobbying State Legislature on Water Issues November 2007: Third District Court Ruling in Bad Faith Insurance Case Likely to Impact Water Agency Negotiations in Groundwater Contamination Cases Aerojet-General Corporation v. Commercial Union Insurance Company 155 Cal.App.4th 132 (3rd Dist. 2007) August 2007: District Court Applies Porter-Cologne Act to Hold Defendants Liable for Government Response Costs under Polanco Act, but Government Not Excused from Notice Requirements Redevelopment Agency of the City of Stockton v. Burlington Northern and Santa Fe Railway Corporation, Union Pacific Railroad Company, ___F.Supp.2d____ Civ. S-05-02087 (E.D. Cal. June 19, 2007) April 2007: Washington State Court of Appeals Upholds Preliminary Permit for Groundwater Testing Public Utility District No. 1 of Clark County v. Pollution Control Hearings Board, et al. ___P.3d___, (Wn.App. Feb. 6, 2007) November 2006: EPA Promulgates New Rule Regulating Contamination of Drinking Water Drawn from Groundwater (National Primary Drinking Water Regulations: Ground Water Rule) 40 CFR Parts 9, 141 and 142 October 2006: Untimely Negligence Claim In Groundwater Litigation by Municipality against Hydrogeologist Is Allowed Based upon Discovery Rule Borough of Berlin v. Remington & Vernick Engineers L-2774-99 (N.J. App.Div. Aug. 23, 2006) March 2006: District Court Throws Out Property Damage and Medical Monitoring Claims Brought Following Contamination of Drinking Water Well Player v. Motiva Enterprises LLC, ___F.Supp.2d___ 02-3216 (D. N.J. Jan. 20, 2006) March 2006: District Court Holds State and Local Officials Are Entitled to Participate in the Selection of CERCLA Cleanups at Sites Formerly Owned by the United States City of Moses Lake v. United States, ___F.Supp.2d___ CV-04-0375-AAM, Doc. 181 (E.D. Wash. Dec. 30, 2005) February 2006: Georgia Environmental Protection Division Issues Draft Groundwater Management Plan to Combat Saltwater Intrusion September 2005: District Court Holds it Has No Jurisdiction over Plaintiff’s Claims Attempting to Supplement EPA’s Chosen Remedial Alternatives North Pennsylvania Water Authority v. BAE Systems, et al., ___F.Supp.2d___ 04-4446 (E.D. Penn. July 19, 2005) July 2005: Whittaker Corporation Agrees to Pay over $500,000 to Treat Santa Clarita Well Contaminated with Perchlorate June 2005: Lahontan Regional Water Quality Control Board Directs Nitrate Cleanup June 2005: Federal Circuit Court Affirms Dismissal of Inverse Condemnation Claim Arising from Pollution Adjacent to Military Base Moden v. United States, ___F.3d___ 04-5092 (D.C. Cir. April 15, 2005) May 2005: Perchlorate: An Emerging Contaminant of Environmental and Toxicological Concern March 2005: Orange County District Attorney Settles Suit against Shell Oil for Contamination Flowing from Underground Storage Tanks People of California v. Shell Oil Co. 80-40-31 (Orange County Superior Court, Jan. 5, 2005) December 2004: Erin Brokovich Revisited: PG&E Proposes New Solution for Cleaning Up Hinkley’s Groundwater. December 2004: Highest New York Court Finds Purchasers of Real Property Liable for Pre-Sale Contamination under the Oil Spill Act State of New York v. Speonk Fuel Inc. 117, 2004 N.Y. LEXIS 2438 (N.Y. App. Oct. 19, 2004) November 2004: Can Orange County’s Groundwater Replenishment System Provide a Model for the World? November 2004: Developer Unsuccessful in Suing Michigan for Potential Trespass of State Contamination Postma v. County of Ottawa and Waste Management of Michigan, Inc., Mich. Court of Appeals 243602, 2004 WL 1949317 (Mich. App. Sept. 2, 2004) September 2004: Minnesota District Court Finds Response Action by Private Party Not a “Removal” Pursuant to CERCLA. Jostens, Inc. v. Vopak, Inc., et al., ___F.Supp.2d___ 02-3761 (D. Minn. July, 28, 2004) August 2004: Note: District Court Finds Date Overreaches in Natural Resource Damage Claims and Grants Summary Judgment State of New Mexico v. General Electric Company, et al., ___F.Supp.2d___ 991118 (BSJ/KVM), 991254 (BSJ/ACT) (D. N.M. June 19, 2004) July 2004: Court of Appeal Finds Lodi’s Municipal Environmental Ordinance Is Preempted by California Statute. City of Lodi v. Randtron 118 Cal. App. 4th 337 (2004). April 2004: Former Agents of Corporation Committing Environmental Violations Denied Permit Indiana Dep’t of Envtl. Mgmt. v. Boone County Res. Recovery Sys. Inc. 803 N.E.2d 267 (Ind. App. Feb. 16, 2004). April 2004: Los Osos Community Services District Files Suit for Adjudication of Rights to Los Osos Groundwater Basin April 2004: State Water Resources Control Board Approves Action to Implement Statewide Comprehensive Groundwater Quality Monitoring March 2004: Rialto Files First Lawsuit Regarding Cleanup of Perchlorate in San Bernardino County City of Rialto, et al. v. U.S. Dept. of Defense, et al Case No. CV 04-00079, filed Jan, 20, 2004 (C.D. Cal.). February 2004: U.S. District Court Finds City of Lodi’s Environmental Cleanup Ordinance Is Preempted by CERCLA and Partially Invalid Fireman’s Fund Insurance Company v. City of Lodi, et al.; Unigard v. City of Lodi, et al. ___F.Supp.2d___, Civ. S98-1489 FCD/JFM (E.D. Cal. Dec. 22, 2003); ___F.Supp.2d___, Civ S98-1712 FCD/JFM (E.D. Cal. Dec. 22, 2003). December 2003: Los Angeles Regional Water Quality Control Board Issues Administrative Complaint against Sony Pictures for Violation of Water Code § 13376 November 2003: Sacramento County, Aerojet-General Corporation and the Boeing Company Execute Agreement to Address Water Supply Challenges Resulting from Groundwater Contamination September 2003: Eighth Circuit Rejects Insureds’ Attempt to Relitigate Insurance Coverage for Groundwater Contamination where It Uncovered New Evidenece of an “Accidental” Cause Liberty Mut. Ins. Co. v. FAG Bearings Corp. ___F.3d___, Case No. 01-3522 (8th Cir. July 10, 2003). July 2003: Second Circuit Affirms Grant of Summary Judgment that Language in Purchase Contract for Sale of Petroleum Business Constituted Sale of Assets Excluding Environmental Liabilities RJE Corp. v. Northville Indus. Corp ___F.3d___, Case No. 02-9116 (2nd Cir. May 15, 2003). July 2003: Study Finds High Levels of Perchlorate in Lettuce from California's Imperial Valley June 2003: Tenth Circuit Applies Doctrine of Continuing Nuisance to Groundwater Pollution Claim under Federal Tort Claims Act Hoery v. United States ___F.3d ___, Case No. 011100 (10th. Cir., April 11, 2003). June 2003: In a Case of First Impression, California Court of Appeal Holds One-Year Statute of Limitation Applies to Action to Recover Penalties under Proposition 65 Shamsian v. Atlantic Richfield Company ___Cal.App.4th___, Case No. B157698 (2nd Dist. April 10, 2003). May 2003: State of California Settles Lawsuit with American States Water Company Regarding Contamination Emanating from Property Owned by Aerojet American States Water Company, et al. v. State of California, et al. Case No. 99AS05947 (Sacramento Superior Court). May 2003: Colorado Supreme Court Adopts Doctrine of Continuing Nuisance for Groundwater Contamination. Hoery v. United States 2003 Colo. LEXIS 116, Colorado Supreme Court, Case No. 02SA241, (Colo. Feb. 24, 2003). February 2003: Perchloroethylene and the Dry Cleaning Industry December 2002: San Bernardino County Adopts Groundwater Management Ordinance pertaining to County's Unincorporated, Unadjudicated Desert Region November 2002: District Court: Chemical Company Secures Trial on Coverage for DBCP Liability Dow Chemical Company v. Fireman's Fund Insurance Company ___F.Supp.2d___, Case No. 96-75832 (E.D. Mich. Aug. 28, 2002) November 2002: District Court Denies Attorney's Fees against Defendant Who Failed to Oppose Motion for Summary Judgment General Electric Company v. Berkshire Gas Company ___F.Supp. 2d___, Case No. 00-30164-MAP (D. Mass. Aug. 9, 2002) October 2002: Your Worst Nightmare: Providing Safe Drinking Water from a Superfund Site October 2002: Department of Health Services Prepares Draft Regulations Governing Recharge of Groundwater with Recycled Water October 2002: District Court Grants Class Certification Motion in Groundwater Contamination Case Mejdreck v. The Lockformer Co., ___F.Supp.2d___, Case No.01-C-6107 (N.D.Ill.Aug.9,2002). October 2002: Settlements Reached with Remaining Defendants in California’s South Lake Tahoe MTBE Lawsuit South Tahoe Public Utility District v. Atlantic Richfield Co., Case No.999128 (San Fran.Super.Ct.Aug.5,2002). October 2002: San Francisco Water Supply Bond to Proceed without Support of Environmental Groups September 2002: ARIZONA: Groundwater Management, Conjunctive Use and Water Banking June 2002: New Legislation Encourages Water Agency Involvement in Groundwater Investigations to Protect Drinking Water Supplies June 2002: Tanker Companies Must Reimburse State for Cost of Providing Alternate Water to Residents Due to Leaking USTs North Carolina v. Acme Petroleum ___F.3d___, Case No. 01-1665 (4th Cir. March 19, 2002). March 2002: California Supreme Court Decision and Water Agreement Affect San Gabriel Basin Cleanup Measures Hartwell Corporation et al. v. Superior Court of Ventura County ___Cal4th___, Case No. S082782 (Cal. Feb. 2, 2002) December 2001: Sixth Circuit Rules that Soil Remediation Expenses Should be Capitalized and Not Deducted United Dairy Farmers, Inc. v. United States, ___F.3d___, Case No. 003800 (6th Cir. Oct. 3, 2001). May 2001: Using Groundwater Models to Determine Liability and Foster Cleanup April 2001: California Court of Appeal Declines Automatic Disqualification of Attorney Whose Former Firm had Represented Adversary in Related Environmental Matters Daphne v. Aerojet-General Corporation ___Cal.App.4th___, Case No. CO31323 (3rd. Dit. Feb. 7, 2001) Hazardous Waste January 2001: Oregon: Court of Appeals Reverses Sewage Sludge Water Quality Violation Environmental Quality Com'n v. City of Coos Bay 171 Or.App 106,___P.2d ___,2000 WL 1728456 - WQMW-WR-96-277; CA A107070 (Or. App. Nov. 22, 2000) Herbicides June 2001: State Water Resources Control Board Issues Model Cleanup and Abatement Order in Response to "Talent Decision" May 2001: Ninth Circuit Holds Irrigation District Must Obtain NPDES Permit for Weed Control Activities in Canal Headwaters, Inc. v. Talent Irrigation District ___F.3d___,Case No.99-35373 (9th Cir., March 12, 2001) April 2001: Federal/Oregon: Court Holds Irrigation District Must Obtain NPDES Permit for Weed Control Activities in Canal Headwaters, Inc. v. Talent Irrigation District ___F.3d___, 2000 WL 33224806,2001 U.S.App.LEXIS 3718 (9th Cir. March 12, 2001) Indian Tribes December 2001: FEDERAL: Seventh Circuit Deems Wisconsin Tribe a State for Water Quality Purposes Wisconsin v. Environmental Protection Agency 266 F.3d 741, No. 99-2618 (7th Cir. Sept. 21, 2001). Infrastructure October 2007: Green Infrastructure: A Storm Perfected? June 2006: Superior Court Judge Strikes Down Los Osos Initiative Related to Siting of Sewer and Wastewater Treatment Facilities Taxpayers Watch v. Los Osos Community Services District CV 05-1012 (San Luis Obispo Co. Superior Ct. April 3, 2006) January 2006: California Department of Water Resources Releases South Delta Improvements Program Environmental Impact Report October 2004: DWR and SWRCB Release Proposition 50 Integrated Regional Water Management Grant Program Draft Guidelines for Public Review May 2004: State Officials Clash over whether Public Bond Funds Should Be Available to Private Water Companies Interbasin Water Transfers February 2007: Idaho Department of Environmental Quality Seeks to Jumpstart Water Quality Standards Rulemaking August 2006: Second Circuit Ruling that New York City Must Obtain an NPDES Permit when Transferring Water between Distinct Waterbodies Appears in Conflict with EPA’s Proposed Water Transfer Rule Catskill Mountains Chapter of Trout Unlimited v. City of New York, ___F.3d___ 03-7203(L) and 03-7253(XAP) (2nd Cir. June 13, 2006) Invasive Species February 2009: Sixth Circuit Upholds Michigan’s Ballast Water Statute FEDNAV et al, v. Chester, ___F.3d___ 07-2083 (6th Cir. Nov. 21, 2008) January 2009: Shippers, U.S. EPA, States and Environmental Groups Remain at Odds over Ballast Water Rules, Invasive Species Efforts, and Permits December 2008: Great Lakes Organizations Urge Re-Separation of Great Lakes and Mississippi Basins to Prevent Invasive Species Movements Irrigated Lands Program November 2007: Central Valley Irrigated Lands Program Update August 2006: Addressing Water Quality in the Agricultural Central Valley: Region 5 Water Quality Control Board Renews Irrigated Lands Program Jurisdiction November 2004: Eleventh Circuit Holds that Federal Court Jurisdiction Exists for Case Alleging Violation of State-Issued Clean Water Act Permit Parker v. Scrap Metal Processors, Inc., ___F.3d___ 03-14516 (11th Cir. Sept. 28, 2004) Land Use June 2006: County Highway District In Idaho Sues Irrigation District over Irrigation District’s Refusal to Permit Highway District to Bridge Canal May 2006: Builders Association Fails in Its Challenge to New Jersey DEP Stormwater Management 300 Foot ‘No Build’ Buffer In the Matter of Stormwater Management Rules (N.J. App. April 12, 2006) May 2006: Massachusetts Landowner, Facing Water Resources Protection Zoning Classification and, Simultaneous “Less Restrictive” Zoning Classification Loses Due Process and Police Power Challenges Sharon v. Zoning Board of City of Westfield 308445 (Land Court of Mass. April 14, 2006) Lead March 2006: Court of Appeal Upholds Lower Court Ruling that Plaintiff Failed to Prove a Discharge in Violation of Proposition 65 As You Sow v. Conbraco Industries, ___Cal.App. 4th___ A106660, (1st Dist. filed Dec. 12, 2005, certified for publication Jan. 4, 2006) May 2005: U.S. Environmental Protection Agency Announces Drinking Water Lead Reduction Plan March 2004: Court of Appeal Finds California’s Lead and Copper Rule Test Methodology under SDWA Invalid Mateel Environmental Justice Foundation v. Edmund A. Gray Co., et al, __Cal.App.4th___, Case Nos. A100075, A100279 (1st Dist. Jan. 23, 2004; Corrected Jan. 27, 2004). July 2003: Appellate Parties Brief First District Court on Issue of Test Methodology in Drinking Water Contamination Cases Mateel Environmental Justice Foundation v. Edmund A. Gray, Co. et al. ___Cal.App.4th___, Case Nos. A100075, A1000279 (1st Dist. Sept. 17, 2002). November 2002: Tenth Circuit Holds that Federal RCRA Enforcement Is Permissible even after a State Initiates Its Own Enforcement Action United States v. Power Engineering Co ___F.3d___, Case No. 01-1217 (10th Cir. Sept. 4, 2002) Legal Education Conferences March 2006: Argent Communications Group to Hold Its Annual San Francisco California Water Law & Policy Conference on June 12-13, 2006 Market Based Water Quallity Credit Exchange November 2008: Open for Business: Oregon’s DEQ Set to Clarify Rules for the Water Quality Trading Marketplace Mercury August 2004: California Regional Water Quality Control Board San Francisco Bay Region Proposes Amendment to the Water Quality Control Plan November 2002: Tenth Circuit Holds that Federal RCRA Enforcement Is Permissible even after a State Initiates Its Own Enforcement Action United States v. Power Engineering Co ___F.3d___, Case No. 01-1217 (10th Cir. Sept. 4, 2002) Microbe Treatment October 2003: New Research Indicates that Microbes Will Be Effective in Treating Vinyl Chloride Contamination August 2003: New Research Indicates that Microbes Will Be Effective in Treating Vinyl Chloride Contamination Mining March 2009: News from the West March 2009: Montana Supreme Court Finds State Department of Environmental Quality Erroneously Issued a State Discharge Permit for Proposed Mining Operation Clark Fork Coalition v. Montana Departmentt of Environmental Quality 197 P.3d 482 (MT 2008) January 2009: News from the West August 2007: Colorado Water Court Rules Produced Water from Coalbed Methane Extraction Subject to Prior Appropriation Doctrine and State Administration Vance v. Simpson 05CW063, (Colorado District Court, Water Division 7, July 2, 2007) October 2006: West Virginia Relaxes Surface Mining Water Contamination Requirements September 2004: COLORADO: Enforcement of Water Quality Regulation and Penalties March 2004: District Court Rules that City of Healdsburg Is Required to Obtain NPDES Permit in Conjunction for Wastewater Discharges into Pond near the Russian River Northern California River Watch v. City of Healdsburg ___F.Supp.2d.___, Case No. C 01-04686 (N.D. Cal. Jan. 23, 2004). June 2003: Tenth Circuit Denies Attorney Fees in Mooted Clean Water Act Case Amigos Bravos, et al. v. Environmental Protection Agency, et al. ___F.3d___, Case No. 02-2030 (10th Cir. April 2, 2003). MTBE July 2007: Second Circuit Holds States’ Lawsuits against Oil Companies for MTBE Contamination of Drinking Water Supplies May Be Heard in State Court In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.3d___ 04-5974-cv(L) and 04-6056-cv(CON) (2nd Cir. May 24, 2007) February 2007: Third District Court Allows Strict Products Liability Cause of Action for MTBE Release D.J. Nelson v. Superior Court 144 Cal.App.4th 689 (3rd Dist. 2006) July 2003: Ninth Circuit Holds California's Ban on MTBE Not Preempted under the Clean Air Act Oxygenated Fuels Association Inc. v. Davis ___F.3d ___, Case No. 01-17078 (9th Cir. June 4, 2003). July 2003: H.R. 6 and S. 791: Federal Legislation Pending Regarding Insulation for Liability for MTBE Producers October 2002: Settlements Reached with Remaining Defendants in California’s South Lake Tahoe MTBE Lawsuit South Tahoe Public Utility District v. Atlantic Richfield Co., Case No.999128 (San Fran.Super.Ct.Aug.5,2002). October 2002: California Court of Appeal Holds that State May Limit Concentration of Contaminant in Drinking Water Based on Detectable Taste to a Substantial Number, if Not Majority, of Consumers Western States Petroleum Association v. Department of Health Services ___Cal.App.4th___, Case No. C037502 (3rd Dist., June 27, 2002). September 2002: California Court of Appeal Holds that State May Limit Concentration of Contaminant in Drinking Water Based on Detectable Taste to a Substantial Number, if Not a Majority, of Consumers Western States Petroleum Association v. Department of Health Services, ___Cal.App.4th___, Case No. C037502 (3rd Dist., June 27,2002). August 2002: MTBE: The Science behind the Contaminant of the Decade June 2002: MTBE Update: Are We Getting Somewhere? February 2001: State Water Resources Control Board Issues Order Approving Transfer of Water to CALFED's Environmental Water Account National Pollutant Discharge Elimination System Permits December 2002: Legislation Requires Orange County Sanitation District Ocean Discharges to Meet Secondary Treatment Standards within Ten Years December 2002: District Court: District Court in Indiana Reprimands State Agency's Sloppy Enforcement of CAFO Water Permitting Procedures Save the Valley, Inc. v. U.S. Environmental Protection Agency ___F.Supp.2d___, Case No. IP 99-0058-C-B/ G (S.D. Ind. Sept. 17, 2002). November 2002: Third Circuit Upholds EPA's Pretreatment Program Requirements for North Borough Publicly Owned Treatment Works Welch Foods, Inc. v. Borough of North East ___F.3d___, Case No. 01-3456 (3rd Cir. Sept. 13, 2002) November 2002: State Water Resources Control Board Issues Order on City of Vacaville's Petition for Review of Waste Discharge Requirements. October 2002: Eleventh Circuit Upholds Flood Irrigation Practice under Clean Water Act Agricultural Exemption Fishermen against the Destruction of the Environment, Inc. v. Closter Farms, Inc., ___F.3d___, Case No. 01-11932 (11th Cir. Aug. 7, 2002). July 2002: Federal Actions: Ninth Curcuit Denies Citizen Suit Contesting Renewal of NPDES Permit ONRC Action v. Columbia Plywood Inc. 286 F.3d 1137 (9th Cir. 2002). July 2002: U.S. Environmental Protection Agency Proposes Water Quality Trading Program July 2002: TMDL Regulations Apply to All National Waters: Even if Only Affected by Nonpoint Source Pollution Pronsolino, et al. v. Nastri, et al ___F.3d___, Case No. 00-16026, No. 0016027 (9th Cir. May 31, 2002). June 2002: Ninth Circuit Denies Citizen Suit Contesting Renewal of NPDES Permit ONRC Action v. Columbia Plywood Inc. 286 F.3d 1137 (9th Cir. 2002). March 2002: COLORADO: Clean Water Act Issues Impacting Water Supply March 2002: TEXAS: Clean Water Act Issues Impacting Water Supply March 2002: CALIFORNIA: Clean Water Act Issues Impacting Water Supply March 2002: OREGON: Clean Water Act Issues Impacting Water Supply March 2002: WASHINGTON: Clean Water Act Issues Impacting Water Supply March 2002: UTAH: Clean Water Act Issues Impacting Water Supply March 2002: ARIZONA: Clean Water Act Issues Impacting Water Supply March 2002: IDAHO: Clean Water Act Issues Impacting Water Supply March 2002: NEW MEXICO: Clean Water Act Issues Impacting Water Supply January 2002: Status of the Environmental Protection Agenciy's Development of New TMDL Rule December 2001: Court of Appeals: Transport of Water through State Distribution System May Require NPDES Permit under the Clean Water Act Catskill Mountains Chapter of Trout Unlimited, Inc., et al. v. City of New York, et al., ___F.3d___, Docket No. 00-9447 (2nd Cir. Oct. 23, 2001). November 2001: Tenth Circuit Finds States Are Not Required to Adopt Regulatory Systems for Nonpoint Source Pollution at the Antidegradation Stage under the Clean Water Act American Wildlands, et al. v. Browner, et al. 260 F.3d 1192 (10th Cir. 2001). November 2001: FEDERAL/ARIZONA: Ninth Circuit Finds "Shall" Means "May" - EPA Decisions Regarding Enforcement Action under the Clean Water Act Are Discretionary Decisions Not Subject to Judicial Review. Sierra Club, et al. v. Whitman, et al. ___F.3d___, Case No. 00-16895 (9th Cir. Oct. 2, 2001). July 2001: State Water Resources Control Board Adopts Modifications to General Permit for Storm Water Discharges Associated with Construction Activity July 2001: State Water Resources Control Board Adopts Modifications to General Permit for Storm Water Discharges Associated with Construction Activity National Pollutant Discharge Elimination Systems February 2003: U.S. Environmental Protection Agency Transfers National Pollutant Discharge Elimination System Program to State of Arizona March 2002: San Diego Stormwater Permit Challenged in Superior Court. Building Industry Association of San Diego et al. v. State Water Resources Control Board, et al. Case No. 780263 (San Diego Superior Court) January 2002: Clean Water Act Update: An Old Dog With New Tricks by Paeter E. Garcia, Esq. with the Los Angeles law firm of Weston, Benshoof, Rochefort, Rubalcava & MacCuish, LLP Nitrates June 2005: Lahontan Regional Water Quality Control Board Directs Nitrate Cleanup Nonpoint Source Pollution June 2009: Pennsylvania DEP’s Chesapeake Bay Tributary Strategy Rejected by the Commonwealth Court of Pennsylvania Borough of Bedford v. Pennsylvania Department of Environmental Protection 160 M.D. 2008 (Penn. Com.Ct. April 14, 2009) August 2004: State Water Resources Control Board Passes Resolution 2004-0035 to Implement the Consolidated Watershed Protection, Watershed Management, Drinking Water Quality, and Nonpoint Source Pollution Control Grants. March 2004: California Regional Water Quality Control Boards Adopt New Waivers for Nonpoint Source Discharges February 2004: State Water Resources Control Board Issues Proposed Policy for Implementation and Enforcement of Nonpoint Source Pollution Control Program August 2002: "Nonpoint Source" Pollution Regulation in International Streams: The United States-Mexico Border July 2002: TMDL Regulations Apply to All National Waters: Even if Only Affected by Nonpoint Source Pollution Pronsolino, et al. v. Nastri, et al ___F.3d___, Case No. 00-16026, No. 0016027 (9th Cir. May 31, 2002). November 2001: Tenth Circuit Finds States Are Not Required to Adopt Regulatory Systems for Nonpoint Source Pollution at the Antidegradation Stage under the Clean Water Act American Wildlands, et al. v. Browner, et al. 260 F.3d 1192 (10th Cir. 2001). October 2001: Tenth Circuit Upholds Montana's Water Quality Laws American Wildlands v. Browner ___ F.3d ___, Case No. 00-1224 (10th Cir. Aug. 8, 2001). Nutrient Criteria June 2001: U.S. Environmental Protection Agency Finalizing Nutrient Criteria for Different Types of Water Bodies June 2001: U.S. Environmental Protection Agency Finalizing Nutrient Criteria for Different Types of Water Bodies June 2001: U.S. Environmental Protection Agency Finalizing Nutrient Criteria for Different Types of Water Bodies Ocean Acidification October 2007: Center for Biological Diversity Petitions California and Eight Coastal States to Regulate Carbon Dioxide Pollution under the Clean Water Act Oceans and Seas March 2009: One Last Green Act: Outgoing President Bush Establishes Three Marine Monuments December 2006: Federal Oceans Policy and Water Quality: An Oxymoron or a New Wave? Owens River March 2006: Los Angeles Department of Water and Power Begins Work to Restore Section of the Lower Owens River PCE December 2004: City of Lodi Reaches Settlement to Clean Up Polluted Groundwater City of Lodi v. M&P Investments, et al., CIV S-00-2441 FCD JFM (E.D. Cal.) Perchlorate March 2009: Judicial Stay Lifted Allowing State Water Resources Control Board Perchlorate Hearings to Rekindle Goodrich Corporation, et al. v. California State Water Resources Control Board, et al. BS 115673 (Los Angeles Cnty Super Ct) November 2007: New State Regulations Set Legal Limit for Perchlorate in Public Water Supplies March 2006: Court Rules that Revised EIR Adequately Disclosed Water Supply Uncertainty and Perchlorate Impact in SCOPE Case Santa Clarita Organization for Planning the Environment v. County of Los Angeles (Newhall Land and Farming Co.) 1043805 (Santa Barbara Co. Super. Ct. Jan. 6, 2006) December 2005: Second District Decertifies Environmental Impact Report Based upon Inadequate Water Supply Analysis California Oak Foundation v. City of Santa Clarita,___Cal.App.4th___ B175580 (2nd Dist. Nov. 2, 2005) April 2005: U.S. Environmental Protection Agency Establishes Official Reference Dose for Perchlorate April 2004: Perchlorate Remediation Continues Statewide as Purveyors Await “Public Health Goal” March 2004: Rialto Files First Lawsuit Regarding Cleanup of Perchlorate in San Bernardino County City of Rialto, et al. v. U.S. Dept. of Defense, et al Case No. CV 04-00079, filed Jan, 20, 2004 (C.D. Cal.). January 2004: California Legislature Passes Two Bills Addressing Perchlorate Contamination August 2003: Perchlorate: A Contaminant of the Decade July 2003: Santa Ana Regional Water Quality Control Board Investigates Use of Perchlorate at Former General Dynamics Facility in Rialto July 2003: Study Finds High Levels of Perchlorate in Lettuce from California's Imperial Valley Pesticides July 2004: State Water Resources Control Board Adopts General Permit for Discharge of Aquatic Pesticides. January 2003: Ninth Circuit Orders U.S. Forest Service to Obtain NPDES Permit and Perform Supplemental Environmental Impact Statement League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Forsgren 309 F.3d 1181 (9th Cir. Nov. 4, 2002). December 2002: Circuit Court: Second Circuit Vacates Dismissal of Lawsuit Alleging Pesticide Applications in Wetlands Violate Federal Law Altman v. Amherst ___F.3d___, Case No. 01-7468 (2nd Cir. Sept. 26, 2002) June 2001: State Water Resources Control Board Issues Model Cleanup and Abatement Order in Response to "Talent Decision" Petroleum Hydrocarbons July 2007: Kinder Morgan, SFPP Agree to Pay Nearly $5.3 Million to Resolve Federal and State Environmental Violations for Suisun, Alameda, and Donner Lake Spills December 2004: San Francisco Regional Water Quality Control Board Issues a Site Cleanup Order for the Former Oakland Army Base July 2003: Second Circuit Affirms Grant of Summary Judgment that Language in Purchase Contract for Sale of Petroleum Business Constituted Sale of Assets Excluding Environmental Liabilities RJE Corp. v. Northville Indus. Corp ___F.3d___, Case No. 02-9116 (2nd Cir. May 15, 2003). July 2003: Fourth Circuit Limits Contractual Obligation of Gas Station Seller that Contracted to Remove USTs Harris, Inc. v. Kenyon Oil Co., Inc. ___F.3d___, Case No. 02-1957 (4th Cir. April 30, 2003) February 2003: Neither "Passive Migration" nor "Continued Presence" of Toxic Contaminants Constitutes a "Discharge" or "Release" under Proposition 65 Consumer Advocacy Group, Inc. v. Exxon Mobil Corporation ___Cal.App.4th___, Case No. B153817 (2nd Dist. Dec. 17, 2002). Pharmaceuticals June 2008: U.S. Senate Holds April Hearing on Regulation of Pharmaceuticals in Drinking Water—Review of Recent Federal Efforts Dealing with Emerging Contaminants in Drinking Water January 2008: Fish Food: Oregon’s Landmark Proposal to Reduce the Amount of Pharmaceuticals in Its Rivers May 2002: New United States Geological Survey Study Examines the Unintentional Medication of Water Supplies May 2002: New United States Geological Survey Study Examines the Unintentional Medication of Water Supplies February 2001: Part III — Pharmaceuticals in the Water Supplies February 2001: Part III — Pharmaceuticals in the Water Supplies February 2001: Part III - Pharmaceuticals in the Water Supplies January 2001: Part II — Pharmaceuticals in the Water Supplies: Regulations and Works-In-Progress January 2001: Part II — Pharmaceuticals in the Water Supplies: Regulations and Works-In-Progress Phosphorus November 2001: Second Circuit Allows Total Maximum Daily Loads to Be Established on Annual, Not Daily, Basis Natural Resources Defense Council, Inc. v. Muszynski ___F.3d___, Case No. 00-6232 (2nd Cir., Oct. 11, 2001). Point Source Pollution November 2002: Ninth Circuit Affirms Clean Water Act Citizen Suit against Dairy Operation Community Association for Restoration of the Environment v. Henry Bosma Dairy ___F.3d___, Case No. 01-35261(9th Cir. Sept. 16, 2002). October 2002: Court of Appeal: Tenth Circuit Upholds Summary Judgment for Defendant in Clean Water Act Case where there Was No Evidence of Point-source Discharge Bufford v. Williams, ___F.3d___,Case No.00-6055 (10th Cir.July 2,2002). September 2002: Tenth Circuit Upholds Summary Judgment for Defendant in Clean Water Act Case where There Was No Evidence of Point-source Discharge Bufford v. Williams, ___F.3d___,Case No.00-6055 (10th Cir.July 2,2002). Pollution August/September 2003: California Court of Appeal Decides Question of Narrative Standards under Clean Water Act Communities for a Better Environment v. State Water Resources Control Bd. ___Cal.App.4th___, Case No. A1000327 (1st Dist. May 30, 2003). August 2003: New Research Indicates that Microbes Will Be Effective in Treating Vinyl Chloride Contamination June 2003: State Water Resources Control Board Holds Public Hearing and Workshop on Proposed Revised Workplan to Develop Sediment Quality Objectives for Enclosed Bays and Estuaries June 2003: Ninth Circuit Holds Discharge of Unaltered Groundwater Is "Pollution" within the Meaning of the Clean Water Act Northern Plains Resource Council v. Fidelity Exploration and Development Company, ___F.3d___, Case No. 0235836 (9th Cir. April 10, 2003). June 2003: Washington State Enforcement Action Deeming Water Diversion Pollution" Alarms Water Users, Energizes Legislature January 2003: State Decisions: California Court of Appeal Precludes Use of "Minimum Level" Standards Application to NPDES Permit Compliance under the Clean Water Act WaterKeepers Northern California, et al. v. California State Water Resources Contro Board ___Cal.App.4th___, Case No. AO94917 (1st Dist. Oct. 24, 2002). June 2002: Defendants Escape with Sanctions Sought because of Their Alleged Failure to Comply with Discovery Orders Kara Holding Corp. v. Getty Petroleum Marketing, Inc. ___F.Supp.2d___, Case No. 99 Civ. 0275 (RWS), (S.D. N.Y. March 29, 2002). February 2001: Sixth Circuit Holds District Court Must Sentence Wetlands Developer in Accordance with United States Sentencing Guidelines United States v. Rapanos ___F.3d___,No.98-2424 (6th Cir. Dec. 15, 2000) Pollution & Contamination November 2002: Eleventh Circuit Finds Florida’s Deptartment of Environmental Protection Failed to Follow Its Own Procedures to Amend Water Quality Standards Florida Public Interest Group Citizen Lobby, Inc. v. U.S. EPA, ___F.3d___ 03-13810 (11th Cir. Oct. 4, 2004) August 2004: Emerging Contaminants—Part 1 June 2001: First Circuit Applies Spill Prevention Provisions of the Clean Water Act to Small Business Pepperell Associates v. United States Environmental Protection Agency ___F.3d___, Case No.00-1708 (1st Cir. April 11, 2001) Porter-Cologne April 2001: California: Cities Sue Los Angeles Regional Water Quality Control Board Over Trash Total Maximum Daily Loads for Los Angeles River Watershed Cities of Arcadia,Artesia,et al.v.California Regional Water Quality Control Board,Los Angeles Region Case Nos.A-1280,A-1280(a),and A-280(b) (Los Angeles County Superior Court). April 2001: Cities Sue Los Angeles Regional Water Quality Control Board over Trash Total Maximum Daily Loads for Los Angeles River Watershed Cities of Arcadia,Artesia,et al.v.California Regional Water Quality Control Board,Los Angeles Region Case Nos.A-1280,A-1280(a),and A-280(b)(Los Angeles County Superior Court). Poultry Farms November 2008: Maryland Proposes New Poultry Operations Discharge Permit and Regulations Recyled Water July 2008: Los Angeles Mayor Proposes Recycled Water to Replenish City Aqufers October 2007: State Water Board to Release Much-Anticipated Statewide Water Recycling Policy for Public Review January 2007: Santa Clara Valley Water District Conducts Study to Determine whether Recycled Water Damages Redwood Trees Rotenone March 2005: Environmental Agencies and Trout Unlimited Petition the California SWRCB Regarding Failure to Issue a NPDES Permit for Rotenone Use Runoff March 2009: Oregon Statewide Water Roundtables Results—A Snapshot of Water Issue Perspectives across the State December 2008: First Circuit Permits Developer to Proceed in Federal Civil Rights Action against City for Alleged Obstruction of Development Project SBT Holdings v. Town of Westminster, ___F.3d___ 08-1512 (1st Cir. Nov. 6, 2008) April 2007: Massachusetts Appellate Court Reverses Trial Court’s Finding of No Trespass and Nuisance Based upon Storm Water Overflow Trenz v. Town of Norwell 06-P-254 (Mass. App. Feb. 20, 2007) January 2005: Fourth District Upholds San Diego RWQCB Permit Aimed at Reducing Runoff from Municipal Storm Sewers Building Industry Association of San Diego County v. State Water Resources Control Board, ___Cal.App.4th___ D042385 (4th Dist. Dec. 7, 2004) May 2003: Central Valley Regional Water Quality Control Board Rescinds Dairy Runoff Waiver March 2003: North Carolina Court Finds Environmental Groups Have No Standing to Bring Common Law Claims over Alleged Contamination to State Waters Neuse River Foundation, Inc. et al. v. Smithfield Foods, Inc., et al Case No. COA01-1205, (N.C. App. Dec. 31, 2002) January 2003: Central Valley Regional Water Quality Control Board Adopts Conditional Two-Year Waiver of Waste Discharge Requirements for Agricultural Return Flows December 2002: District Court: District Court in Indiana Reprimands State Agency's Sloppy Enforcement of CAFO Water Permitting Procedures Save the Valley, Inc. v. U.S. Environmental Protection Agency ___F.Supp.2d___, Case No. IP 99-0058-C-B/ G (S.D. Ind. Sept. 17, 2002). January 2002: NEW MEXICO: Environmental Groups Intend to Refile Suit Contending New Mexico's Water Quality Standards Illegally Exempt Agricultural Runoffs and Fail to Protect Endangered Species Defenders of Wildlife and Forest Guardians v. United States Environmental Protection Agency CIV No. 011252 DJS/ WWD (D. N.M. filed Nov. 2, 2001) Safe Drinking Water Act February 2003: California Appellate Court Affirms Trial Court's Ruling that "Passive Migration" Is Not a "Discharge or Release" within the Meaning of the State's Proposition 65 Statute Consumer Advocacy Group Inc. v. Exxon Mobil Corp ___Cal.App.4th___, Case No. B153817 (2nd Dist. Dec. 17, 2002). June 2001: California Court Throws Out Several "Proposition 65" Lawsuits Using Federal Precedent on the Adequacy of 60-Day Notices Consumer Cause, Inc. v. Arco Oil & Gas Company, et al. ___Cal.App.4th___, Case Nos.B132719,B1322723,B134924 (2nd Dist. April 25, 2001) January 2001: Individuals Held Liable for Civil Penalties under the Safe Drinking Water Act United States v. Alisal Water Corp., ___F.Supp.2d___,2000 U.S.Dist. LEXIS 13454 (N.D.Cal, Sept. 15, 2000) Salinity March 2009: State Water Resources Control Board Receives $1,765,000 from the ‘Cleanup and Abatement Account’ for Salinity Actions November 2008: Regional Water Quality Control Board Pressures Bureau of Reclamation to Address Salinity in the San Joaquin River June 2007: South Delta Salinity Standards Prompt Financial Contributions for the Development of the Central Valley Salinity Management Plan April 2007: Federal Plan Advances to Address Salinity Drainage Issues in the Western San Joaquin Valley August 2006: Central Valley Project in Compliance with Salinity Standards: The Bureau of Reclamation May Deviate from Scientific Models When Statutory Violation Is Anticipated Central Delta Water Agency v. U.S. Bureau of Reclamation, __F.3d__ 04-16632 (9th Cir. May 22, 2006) August 2006: Ninth Circuit Affirms Summary Judgment In Favor of the Bureau of Reclamation in Its Execution of Plan under the Central Valley Project Central Delta Water Agency v. U.S. Bureau of Reclamation, ____ F.3d. ____ 04-16632, (9th Cir. May 22, 2006) April 2006: State Water Resources Control Board Orders Agencies to Comply with Water Quality Objective for Salinity in the Delta SWRCB Order WR 2006-0006 April 2006: The Seaside Basin Case: Adjudication Grows Up February 2006: Central Valley Regional Water Quality Control Board Addresses Rising Salinity Levels in California’s Central Valley Water Supplies February 2006: Georgia Environmental Protection Division Issues Draft Groundwater Management Plan to Combat Saltwater Intrusion June 2003: Proposition 218 Vote in Salinas Valley Reveals Widespread Support for Project to Control Seawater Intrusion and Enhance Water Supply November 2002: Ninth Circuit Finds the Threat of Environmental Harm May Confer Standing if the Harm Is "Sufficiently Concrete" Central Delta Water Agency v. United States ___F.3d___, Case No. 01-16172 (9th Cir. Sept. 26, 2002). Salton Sea February 2009: Regulators Consider Public/Private Partnership to Address Long Standing Salton Sea Preservation Dilemma June 2007: Salton Sea Restoration: New Proposed Draft Design and Legislative First Steps December 2005: Salton Sea Authority Considers Development Plan for Restoration of the Sea December 2004: Department of Water Resources to Consider Competing Plans for Restoring Salton Sea June 2004: Salton Sea Authority Endorses $730 Million Plan to Restore the Salton Sea by Dividing It in Two. December 2003: The Colorado River Quantification Settlement Agreement—Wrapping Up the Deal December 2002: California's Colorado River Entitlement and the IID/San Diego Transfer: A Cliffhanger to End All Cliffhangers June 2001: California/Regional: Salton Sea Gets Pilot Restoration Program Seawater Intrusion January 2008: Corps Issues Final Environmental Impact Statement Proposing to Construct Controversial ‘Yazoo Pumps’ Project in Mississippi Delta Security January 2002: Two Federal Bills Would Help Fund Defenses against Biological Attacks on Water Supplies Sentencing February 2001: Sixth Circuit Holds District Court Must Sentence Wetlands Developer in Accordance with United States Sentencing Guidelines United States v. Rapanos ___F.3d___,No.98-2424 (6th Cir. Dec. 15, 2000) Ship Ballast May 2005: District Court Requires NPDES Permits for Incidental Discharges from Ships Northwest Envtl. Advocates v. U.S. Environmental Protection Agency, ___F.Supp.2d___ C03-05760 (N.D. Cal. March 30, 2005) Stormwater November 2008: Ninth Circuit Applies Penn Central ‘Takings’ Standard to ‘Generally Applicable Development’ Conditions Tapps Brewing v. City of Sumner, ___F.3d___ 07-35231 (9th Cir. Sept. 25, 2008) November 2007: Connecticut High Court Finds Town’s Grant of Private Easement for Stormwater Drainage over Public Lands Must Allow for Public Comment and Participation Wayne C. Gerlt v. Town of South Windsor 284 Conn. 178 (Conn. Oct. 9, 2007) May 2007: New York High Court Rules New York City’s DEP Abused Its Discretion in Exercising Jurisdiction over Proposed Subsurface Sewage Treatment System Nilsson v. Department of Environmental Protection of City of New York 2007 N.Y.Slip Op. 02790 (N.Y. April 3, 2007) April 2007: Massachusetts Appellate Court Reverses Trial Court’s Finding of No Trespass and Nuisance Based upon Storm Water Overflow Trenz v. Town of Norwell 06-P-254 (Mass. App. Feb. 20, 2007) March 2007: Fourth-Term San Diego County MS4 Permit Adopted by RWQCB May 2006: Builders Association Fails in Its Challenge to New Jersey DEP Stormwater Management 300 Foot ‘No Build’ Buffer In the Matter of Stormwater Management Rules (N.J. App. April 12, 2006) June 2004: Washington Supreme Court Decides Against Requiring a Water Right for  Stromwater Management Port of Seattle v. Pollution Control Hearings Board, et al., ___P.3d___ 73419-4 (Wash. Sup. Ct. May 14, 2004). November 2003: State Water Resources Control Board Issues Water Quality Order on General Permit for Stormwater Discharges Associated with Construction Projects March 2003: The Wandering Clean Water Act: Ninth Circuit Tackles Regulation of Stormwater Pollution from "Small" Dischargers Environmental Defense Center, Inc., et al. v. U.S. Environmental Protection Agency ___F.3d___, Consolidated Case Nos. 00-70014; 00-70734; 0070822 (9th Cir. Feb 14, 2003). March 2003: Environmental Groups Challenge Central Valley Regional Water Quality Control Board's Decision to Issue a Waiver for Agricultural Return Flows Deltakeeper, et al. v. California Regional Water Quality Control Board - Central Valley Region Case No. 03CS00032 (Sacramento Superior Court). August 2002: City's Storm Drainage Fee Is a Property-related Fee under Prop 218. Howard Jarvis Taxpayers Assn., et. al. v. City of Salinas, et. al., 98 Cal.App.4th 1351 (6th Dist.). August 2002: Storm Drainage Fee Imposed on "Each and Every Parcel of Developed Land" Is a Property-related Fee Requiring Voter Approval under Prop 218 Howard Jarvis Taxpayers Association v. City of Salinas, 98 Cal.App.4th 1351 (6th Dist. 2002). January 2002: State Water Resources Control Board Upholds Strict Regulations on Storm-Water Runoff November 2001: ARIZONA: EPA Increasingly Active on Storm Water Compliance; Endangered Species Act Connection July 2001: Organizations Appeal San Diego Regional Water Quality Control Board's Adoption of Waste Discharge Requirements for Discharges of Urban Runoff Stream and River Flows February 2007: Washington Department of Ecology Issues Report on Instream Flows and Watershed Planning February 2007: Idaho Department of Environmental Quality Seeks to Jumpstart Water Quality Standards Rulemaking TCE June 2009: Federal Agency for Toxic Substances Pulls Health Assessment from its Website that Found Camp Lejeune, North Carolina’s Water Not Likely to Increase Cancer Risks December 2004: City of Lodi Reaches Settlement to Clean Up Polluted Groundwater City of Lodi v. M&P Investments, et al., CIV S-00-2441 FCD JFM (E.D. Cal.) March 2002: Eighth Circuit Holds that an Evidentiary Hearing Is Not Required to Approve a CERCLA Consent Decree United States v. BP Amoco Oil PLC ___F.3d ___,Case Nos.00-5179,00-5244 (6th Cir.Jan.4,2002) TCP 1,2,3 trichloropropane May 2008: City of Bakersfield and California Water Service Company File Suit over TCP in City Drinking Water Wells California Water Service Company v. the Dough Chemical Company, et al. CIV 470999, filed March 7, 2008, San Mateo County Superior Court Terrorism May 2003: Deadline Passes for Large Drinking Water Purveyors to Submit Terrorism Vulnerability Assessments to U.S. Environmental Protection Agency Testing Methodology July 2003: Appellate Parties Brief First District Court on Issue of Test Methodology in Drinking Water Contamination Cases Mateel Environmental Justice Foundation v. Edmund A. Gray, Co. et al. ___Cal.App.4th___, Case Nos. A100075, A1000279 (1st Dist. Sept. 17, 2002). Timber Harvesting June 2007: First District Rules EIR Required for Timberland-to- Vineyard Conversion with Potential Impacts to Watershed and ‘Sediment and Temperature Impaired’ Salmon Sierra Club v. California Department of Forestry, ___Cal.App.4th___ A113774 (1st Dist. Mar. 29, 2007) August 2005: State Water Resources Control Board Orders Enrollment of Timber Harvest Plans under General Water Discharge Requirements Order Vacated In the Matter of the Petition of Humboldt Watershed Council, et al. SWRCB Order WQ 2005-0009, June 16, 2005 August 2004: California Supreme Court Grants Review of Case Upholding Water Board Authority to Regulate Effects of Timber Harvesting Pacific Lumber Co. v. California State Water Resources Control Board, 116 Cal.App.4th 1232 (2004),Rev. Granted, Cal Supreme Ct. S124464 (June 16, 2004) May 2004: California Department of Forestry Approval of Timber Harvest Plan Did Not Preclude the SWRCB from Separately Requiring Water Quality Protection Measures Pacific Lumber Company v. California State Water Resources Control Board ___Cal.App.4th___, Case No. A102399 (1st Dist. March 18, 2004). March 2004: California Regional Water Quality Control Boards Adopt New Waivers for Nonpoint Source Discharges December 2003: Governor Davis Approves Bill Granting Regional Water Quality Control Boards Veto Power over Approval of Timber Harvesting Plans. December 2003: Governor Davis Approves Bill Granting Regional Water Quality Control Boards Veto Power over Approval of Timber Harvesting Plans January 2002: State Water Resources Control Board Requires Water Quality Monitoring of Logging in the "Hole in the Headwaters"; Is It Expanding Its Jurisdiction over Lands with Timber Harvesting Plans? Total Maximum Daily Loads April 2003: Los Angeles County Sanitation District and City of Santa Clarita Ban Future Installation of Residential Water Softeners February 2003: U.S. Environmental Protection Agency Proposes Withdrawal of the Final July 2002 TMDL Rule November 2002: State Water Resources Control Board Adopts New Bacteria Total Maximum Daily Load for Los Angeles Coastal Beaches September 2002: Eleventh Circuit Finds that District Court Improperly Modified Consent Decree in Clean Water Act TMDL Case Sierra Club v. Meiburg ___F.3d___,Case No.01-14587 (11th Cir.July 2,2002). August 2002: Los Angeles RWQCB Proposes Draft Santa Monica Bay Beaches "Wet" Weather Bacteria TMDL July 2002: U.S. Environmental Protection Agency Proposes Water Quality Trading Program July 2002: TMDL Regulations Apply to All National Waters: Even if Only Affected by Nonpoint Source Pollution Pronsolino, et al. v. Nastri, et al ___F.3d___, Case No. 00-16026, No. 0016027 (9th Cir. May 31, 2002). June 2002: Ninth Circuit Finds that EPA Had No Duty to Establish Total Maximum Daily Loads for the State of California San Francisco Baykeeper v. Whitman, ___F.3d___ Case No. 01-16111 (April 15, 2002, amended May 3, 2002). March 2002: COLORADO: Clean Water Act Issues Impacting Water Supply March 2002: Los Angeles Regional Board Adopts "Dry Weather" TMDL for Santa Monica Bay Beaches March 2002: TEXAS: Clean Water Act Issues Impacting Water Supply March 2002: CALIFORNIA: Clean Water Act Issues Impacting Water Supply March 2002: OREGON: Clean Water Act Issues Impacting Water Supply March 2002: WASHINGTON: Clean Water Act Issues Impacting Water Supply March 2002: UTAH: Clean Water Act Issues Impacting Water Supply March 2002: ARIZONA: Clean Water Act Issues Impacting Water Supply March 2002: IDAHO: Clean Water Act Issues Impacting Water Supply March 2002: NEW MEXICO: Clean Water Act Issues Impacting Water Supply January 2002: Clean Water Act Update: An Old Dog With New Tricks by Paeter E. Garcia, Esq. with the Los Angeles law firm of Weston, Benshoof, Rochefort, Rubalcava & MacCuish, LLP January 2002: Status of the Environmental Protection Agenciy's Development of New TMDL Rule June 2001: NRDC Recoups Large Fee Award in Clean Water Act Case Despite Losing on Most of its Claims Natural Resources Defense Council, Inc. v. Fox 129 F.Supp.2d 666 (S. D. N. Y Feb. 6, 2001) April 2001: Texas: Dairy Industry, City of Waco Fight with State Water Agency over Tightened Regulations Designed To Control Nutrient Loading of North Bosque River January 2001: U.S. Environmental Protection Agency Solicits Comments on Costs of Total Maximum Daily Loads Program January 2001: Federal: U.S. Environmental Protection Agency Solicits Comments on Costs of Total Maximum Daily Loads Program Vessel Ballast Water November 2006: District Court Will Vacate 30-Year-Old Regulation Providing Exception to CWA for Shipping Vessels Northwest Environmental Advocates v. U.S. Environmental Protection Agency, ___F.Supp.2d___ 03-05760 (N.D. Cal. Sept. 18, 2006) Volatile Organic Compounds December 2006: CERCLA’s NRD Scheme Preempts State Remedy Designed to Achieve Something Other than the Restoration, Replacement, or Acquisition of the Equivalent of a Contaminated Natural Resource. State of New Mexico v. General Electric Company, ___F.3d___ 04-2191 (10th Cir. Oct. 31, 2006) Waste Dischages March 2005: CALIFORNIA: Interstate and International Water Issues December 2003: Los Angeles Regional Water Quality Control Board Issues Administrative Complaint against Sony Pictures for Violation of Water Code § 13376 December 2003: State Water Resources Control Board Issues Draft Water Quality Order on Statewide General Waste Discharge Requirements for Dredged or Fill Discharges August 2003: Texas Legislature Considers Limiting Public Participation in Water Quality Permit Proceedings June 2003: Central Valley Regional Water Quality Control Board Reconsiders Waiver of Waste Discharge Requirements for Irrigated Lands January 2003: Central Valley Regional Water Quality Control Board Adopts Conditional Two-Year Waiver of Waste Discharge Requirements for Agricultural Return Flows November 2002: State Water Resources Control Board Adopts New Bacteria Total Maximum Daily Load for Los Angeles Coastal Beaches November 2002: Governor Approves AB 3000, Increasing Fees for Waste Dischargers and Adding Water Quality Criterion to Fee Calculation. October 2002: Continuing Litigation and Administrative Processes Regarding Central Valley RWQCB’S Waiver of Waste Discharge Requirements for Agricultural Return Flows Waterkeepers Northern California, et al. v. CVRWQCB, Sacramento Superior Court Case No. 02CS00289. Regional Water Quality Control Board August 2002: Tenth Circuit Reverses Jury Verdict Awarding Insurance Coverage to Colorado Sewage Treatment Entity, though Notice Was Untimely Metro Wastewater Reclamation District v. Fireman’s Fund Insurance Company, ___F.3d___, Nos. 99-1327, 99-1336, 01-1196, 01-1234 (10th Cir. May 24, 2002). June 2002: State Water Resources Control Board Commences Statewide Review of Waivers for Agricultural Discharges Wastewater March 2009: A Publicly Owned Treatment Work’s Ownership of Recycled Water: A New Frontier in Water Rights February 2008: Sacramento Superior Court Invalidates EIR for Expansion of Sacramento Area Wastewater Treatment Plant Contra Costa Water District v. Sacramento Regional County Sanitation District, 05CS00908 (Sac. Co. Super. Ct. Nov. 28, 2007) January 2008: Twenty Years Later, N.Y. High Court Approves Application for Land Development and Sewage Treatment Plant despite Drinking Water Implications In the matter of Riverkeeper, Inc. v. Planning Board of Town of South East 2007 N.Y. slip. op. 09064 (N.Y. Nov. 19, 2007) June 2007: Eleventh Circuit holds Florida’s Strict Liability Statute Did Not Preclude Personal Injury Suit for Contamination Damages Annette Florence v. Crescent Resources, LLC, ___F.3d___ 06-13587 (11th Cir. April 18, 2007) June 2007: New York Trial Court Finds Residential Discharge of Wastewater May Lead to Wetlands Violation Liability Pland Place Realty Corp. v. Hauber 11917/02 (Richmond County Supreme Ct. April 24, 2007) March 2007: Tribe Liability for Effluent Limitations at Casino Wastewater Control Facility Reduced Due to Regional Board Errors in Effluent Calculations February 2007: Wastewater Collection Systems in Los Angeles County to Fund Environmentally Beneficial Projects in Satisfaction of Liability for Unauthorized Overflows January 2006: Canadian Group Decries Sewage Pollution in Great Lakes January 2006: Mississippi Gulf Coast Water and Wastewater Resources Plan Has a Half- Billion-Dollar Price Tag June 2006: Superior Court Judge Strikes Down Los Osos Initiative Related to Siting of Sewer and Wastewater Treatment Facilities Taxpayers Watch v. Los Osos Community Services District CV 05-1012 (San Luis Obispo Co. Superior Ct. April 3, 2006) June 2006: Water Environment Federation Publishes Assessment of Wastewater Utilities Affected by Katrina Reconstruction Costs and Debt Management June 2006: Northeast Florida Increases Residential Irrigation with Treated Sewage Ef-fluent March 2006: ‘Principal County’ LAFCO Had Exclusive Jurisdiction to Establish Sphere of Influence for a Multi-County District within the Boundaries of the Local LAFCO’s County Placer County Local Agency Formation Commission v. Nevada County Local Agency Formation Commission 135 Cal.App.4th 793 (3rd Dist. 2006) January 2006: City of San Diego Sued Over Plans to Convert Wastewater Into Drinking Water Currie v. City of San Diego, Case No. GIC857292 filed Nov. 22, 2005 (San Diego Co. Super. Ct.) July 2005: North Coast Regional Water Quality Control Board Files Administrative Civil Liability Complaint against Georgia-Pacific Corporation Fort Bragg Lumber Mill July 2005: South Bay Centralized Waste Treatment Plant Violated Clean Water Act by Mingling Waste Streams and Failing to Properly Monitor Discharges to POTW In re Clean Harbors Environmental Services, Inc., Docket No. CWA-307-9-05-46 (U.S. Environmental Protection Agency, Region 9) June 2005: Lahontan Regional Water Quality Control Board Directs Nitrate Cleanup December 2004: First District Affirms Mandatory Minimum Penalty of $243,000 for Violations of Wastewater Discharge Permit by the City of Brentwood City of Brentwood v. Central Valley Regional Water Quality Control Board, ___Cal.App.4th___ A102819 (1st Dist. Oct. 27, 2004) November 2004: State Water Resources Control Board Adopts Water Rights and Water Quality Fee Schedules for 2004-2005 August 2004: Angel Island State Park Replaces Discharge of Secondary Treated Effluent to Central San Francisco Bay with Land Disposal to Onsite Subsurface Land Disposal System July 2004: Sixth Circuit Dismisses Clean Water Act Citizen Suit Based on City’s Improvement to Wastewater Treatment Systems. Ailor v. City of Maynardville, ___F.3d___ 01-6562 (6th Cir. May 17, 2004). January 2004: First Circuit Upholds District Court’s Refusal to Take Jurisdiction over Clean Water Act Claim for User Charges Templeton Board of Sewer Commissioners v. American Tissue Mills of Massachusetts, Inc. ___F.3d___, Case No. 03-1134 (1st Cir. Dec 9, 2003). January 2004: U.S. Environmental Protection Agency Issues Draft Policy on Municipal Wastewater Treatment Requirements during Wet Weather Conditions 68 Fed.Reg. 63042 (Nov. 7, 2003). October 2003: Utah State Engineer to Address the Right to Make Reuse of Treated Waste Water August 2003: Texas Legislature Considers Limiting Public Participation in Water Quality Permit Proceedings June 2003: Fourth Circuit Approves Nationwide Permit Program for Construction of Wastewater Treatment Plant Crutchfield v. County of Hanover 325 F.3d 211 (4th Cir. 2003). March 2003: WASHINGTON: Meeting Water Needs in the Face of Diminished Supply - The Role of Water Conservation and Reuse November 2002: Between a Rock and a Hard Place: Conflicts Between Water Reuse and the Law of Water Rights November 2002: Third Circuit Upholds EPA's Pretreatment Program Requirements for North Borough Publicly Owned Treatment Works Welch Foods, Inc. v. Borough of North East ___F.3d___, Case No. 01-3456 (3rd Cir. Sept. 13, 2002) August 2002: Tenth Circuit Reverses Jury Verdict Awarding Insurance Coverage to Colorado Sewage Treatment Entity, though Notice Was Untimely Metro Wastewater Reclamation District v. Fireman’s Fund Insurance Company, ___F.3d___, Nos. 99-1327, 99-1336, 01-1196, 01-1234 (10th Cir. May 24, 2002). June 2002: Colorado District Court Finds No Reason to Stay Clean Water Act Citizen Suit, Despite Existence of Pending State Agency Proceeding on Discharge Sierra Club, et al. v. El Paso Gold Mines, Inc. ___F.Supp.2d___, Civil Action No. 01-PC-2163 (D. Colo. April 12, 2002). January 2002: Louisiana Court of Appeals Holds Owner of Premises Not Liable for Lessee's Contracts to Remediate Spills Coastal Environmental Specialists, Inc. v. Chem-Lig International Industries, Inc. & David Stutz 2001 La. App. LEXIS 2631 (Nov. 9, 2001). December 2001: Ninth Circuit Finds "Shall" Means "May" - EPA Decisions Regarding Enforcement Action under the Clean Water Act Are Discretionary Decisions Not Subject to Judicial Review Sierra Club, et al. v. Whitman, et al. ___F.3d___, Case No. 00-16895 (9th Cir. Oct. 2, 2001). November 2001: FEDERAL/ARIZONA: Ninth Circuit Finds "Shall" Means "May" - EPA Decisions Regarding Enforcement Action under the Clean Water Act Are Discretionary Decisions Not Subject to Judicial Review. Sierra Club, et al. v. Whitman, et al. ___F.3d___, Case No. 00-16895 (9th Cir. Oct. 2, 2001). November 2001: TEXAS: State Appellate Court Upholds Criminal Fine against Homeowner for Unlawful Discharge of Sewage Landry v. State (Tex. App. Houston, 14th Dist. Sept. 6, 2001). Water Quality March 2003: Second Circuit Holds that Landowner Is Not a Discharger where Waste Originates with Neighbor and Merely Flows across Landowner's Property Niagara Mohawk Power Corp. v. Jones Chemical, Inc., et al ___F.3d___, Case No. 01-7932 (2nd Cir. Jan. 7, 2003). May 2002: The Assault on Our Science-based System of Delivering Safe Drinking Water by Steven A. Amerikaner and Steven L. Hoch with the California law firm of Hatch & Parent December 2001: Ninth Circuit Finds "Shall" Means "May" - EPA Decisions Regarding Enforcement Action under the Clean Water Act Are Discretionary Decisions Not Subject to Judicial Review Sierra Club, et al. v. Whitman, et al. ___F.3d___, Case No. 00-16895 (9th Cir. Oct. 2, 2001). Water Quality Monitoring Reports December 2007: Sixth District Court Holds California Safe Drinking Water Act Imposes Mandatory Duties on Health Of- ficials to Review and Respond to Water Quality Monitoring Reports Guzman v. County of Monterey 155 Cal.App.4th 645 (6th Dist. 2007) Water Quality Trading October 2008: Oregon Water Quality Trading: A Marketplace for Healthier Waters March 2003: U.S. Environmental Protection Agency Finalizes Its Water Quality Trading Policy July 2002: U.S. Environmental Protection Agency Proposes Water Quality Trading Program Water Softeners April 2003: Los Angeles County Sanitation District and City of Santa Clarita Ban Future Installation of Residential Water Softeners Water Supply May 2006: The Robie Decision and the Future of California Water Law Watercraft Restrictions January 2006: Massachusetts Court of Appeals Upholds Recreation Use of Water over Restrictive Municipal Ordinance Mad Maxine’s Watersports v. Harbormaster of Provincetown O5-P-1594 (Mass. Appeals Court, Sept. 15, 2006) Watersheds October 2005: U.S. EPA Issues Community Based Watershed Management Handbook: Lessons from the National Estuary Program Wetlands January 2009: Virginia Court of Appeals finds Standing For Chesapeake Bay Foundation to Challenge Wetlands Permit Extension for King William Reservoir Chesapeake Bay Foundation v. Commonwealth of Virginia 2545-07-02 (VA.App. Nov. 4, 2008) March 2006: Los Angeles Department of Water and Power Begins Work to Restore Section of the Lower Owens River August 2002: Supreme Court: United States Supreme Court Grants Certiorari to Consider whether Plowing Ranchland to Prepare It for Crops Requires a Section 404 Permit under the Federal Clean Water Act Borden Ranch Partnership, et al. v. United States Army Corps of Engineers, et al., Cert Granted, 122 S.Ct. 2355(2002). August 2002: In Arizona, Federal Judge Halts North Phoenix Development Based on Effects of Clean Water Act Permit Save Our Sonoran v. Flowers, et al., ___F.Supp..2d___, Case no. CIV-02-0761-PHX-SRB (D. Az.) July 2002: U.S. Environmental Protection Agency and Army Corps of Engineers Adopt Final Rules on "Fill" and "Discharge of Fill" July 2002: A Peat Mining Company Petitions to the United States Supreme Court to Address EPA's Authority in a State-Administered Wetland Permit Program Under the Clean Water Act Michigan Peat v. United States, (6th Cir. 2001) petition for cert. filed Case No. 011384 (U.S. Mar. 18, 2002). February 2001: Sixth Circuit Holds District Court Must Sentence Wetlands Developer in Accordance with United States Sentencing Guidelines United States v. Rapanos ___F.3d___,No.98-2424 (6th Cir. Dec. 15, 2000) Wrongful Termination June 2001: Sixth Circuit Holds that Clean Water Act and Safe Drinking Water Act Whistle-Blower Provisions Do Not Preempt Fired Employee from Seeking Additional Remedies under Federal and State Law Charvat v. Eastern Ohio Regional Wastewater Authority ___F.3d___, Case No.97-01035 (6th Cir. April 9, 2001)

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