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Judge Finds that Water Boards Have Authority to Regulate Discharges of Dredge and Fill Material as Waste Under Porter-Cologne Water Quality Control Act | Downey Brand LLP

On February 18, 2021, the First Appellate District issued an opinion in Sweeny et al. v. California Regional Water Quality Control Bd., San Francisco Bay Region et al. (Case No. A153583) (“ Sweeny”).  The opinion is much anticipated given its relevance to the continued validity of the State Water Resources Control Board’s recently adopted State Procedures for Discharges of Dredged and Fill Material (“Procedures”).  The Appellate Court reversed the lower court in the entirety, substantially deferring to the actions and prosecutorial discretion of the State Water Resources Control Board (“State Water Board”) and San Francisco Bay Regional Water Quality Control Board (“Regional Water Board”, collectively, “Water Boards”) based on application of a revised standard of review.  Importantly, according to the court, the appropriate interpretation of the Porter-Cologne Water Quality Control Act’s (“Porter-Cologne Act”) definition of waste provides the Water B

Ojai Valley News - Judge tells Ventura city lawyers to slow down on water suit

Judge tells Ventura city lawyers to slow down on water suit Published: Friday, 19 February 2021 09:49 In a secret vote on Sept. 9, 2019, the Ventura City Council voted unanimously to sue thousands of Ojai Valley and Ventura residents. The Ojai Valley News filed a Public Records Act request with the city of Ventura to find out when and how the councilmembers voted on the lawsuit. When the Ventura City Council refused to release the information, the Ojai Valley News filed a complaint with the Ventura County District Attorney s Office to get the information, which was finally released on Jan. 27, 2020.  Ventura City Councilmembers are:

WESTERN: California s climate change future is being written – in its waterways

WESTERN: California s climate change future is being written – in its waterways
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Ojai Valley News - OPINION page: City of Ventura in hot water with attorney general over water lawsuit

OVN Editorial: with attorney general California Attorney General Xavier Becerra has leaped into the water lawsuit adjudication pool with a resounding splash, ripping the proposed Physical Solution (a step, not an end, in the water adjudication process) with a letter vigorously admonishing the city of Ventura, on behalf of Fish and Wildlife and the State Water Resources Control Board. The state Department of Justice outlines the missteps of the Ventura City Council on numerous procedural issues, including the rush to judgement ahead of the Watershed Criteria Report that is to be completed this year and its modeling work in 2022; lack of transparency regarding five phantom experts; neglect to serve all parties in the case; the assumption that surface water rights can be included when they have yet to be ruled upon by the judge; a deficiency of findings to support Ventura’s claims of rights; a failure to meet requirements relevant to California statutes; the unmet burden-of-proof

Advocates for fish, and canoeing, win a round in debate over Tuolumne River flows [The Modesto Bee]

Advocates for fish, and canoeing, win a round in debate over Tuolumne River flows [The Modesto Bee] Jan. 26 A federal agency has ruled that the state can continue to seek higher flows on the Tuolumne River than planned by the Modesto and Turlock irrigation districts. The Jan. 19 ruling drew cheers from environmental and fishing groups that have long sought larger releases from Don Pedro Reservoir into the lower river. MID and TID vowed to appeal the ruling within the required 30 days. It involves a pending license from the Federal Energy Regulatory Commission to operate Don Pedro for up to 50 more years.

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