REGULATORY DEVELOPMENTS
California Coastal Commission Narrowly Approves Unprecedented Sand-Replenishment Project along Malibu’s Broad Beach to Guard against Climate Change Impacts67
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Sixth Circuit Issues Nationwide Stay of Clean Water Rule69
In re U.S. Environmental Protection Agency and Department of Defense Final Rule: ‘Clean Water Rule: Definition of Waters of the United States,’ ___F.3d___, Consolidated Case Nos. 15-3799/3822/3853/3887 (6th Cir. 2015).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Second District Court Upholds EIR for Los Angeles County Transportation Authority’s Westside Subway Extension72
Beverly Hills Unified School District v. Los Angeles County Metropolitan Transportation Authority, ___Cal.App.4th___, Case No. B256605 (2nd Dist. Oct. 22, 2015).
First District Court Affirms Demurrer against Nonresident Water Customers Who Sought to Preserve ‘Reasonable’ Water Rates74
Green Valley Landowners Association v. City of Vallejo, ___Cal.App.4th ___, Case No. A142808, (1st Dist. Oct. 16, 2015).
Fourth District Court Grants Association’s Petition for Writ of Mandate—Orders Trial Court to Conduct Review of Public Records to Determine if They Were Privileged76
League of California Cities v. Superior Court (San Diegans for Open Gov’t), ___Cal.App.4th___, Case No. D067968 (4th Dist. Oct. 28, 2015).
Second District Court Affirms Denial of Petition for Writ of Mandate Seeking Approval of an Eldercare Facility78
Levi Family Partnership, L.P. v. City of Los Angeles, ___Cal.App.4th___, Case No. B257764 (2nd Dist. Sept. 16, 2015, ordered published October 9, 2015).
Fourth District Court Upholds CEQA Baseline Using Recent Historical Use for Traffic Analysis80
North County Advocates v. City of Carlsbad, ___Cal.App.4th___, Case No. D066488 (4th Dist. Oct. 9, 2015).
Third District Court Releases Two Long-Awaited Opinions Regarding Sacramento’s ‘Railyards’
Project82
Sacramento Citizens Concerned About the Railyards (SCCARY), et. al. v. City of Sacramento, unpub., Case No. C065220; Castro, et. al. v. City of Sacramento, unpub., Case No. C064091 (3rd Dist. Oct. 2015).
(Sub)Divide and Conquer—First District Court Addresses when a Division of Land Is Not a Division under the Subdivision Map Act84
Save Mount Diablo v. Contra Costa County, 240 Cal.App.4th 13688 (1st Dist. 2015).
Sixth District Court Addresses Municipal Tree Preservation Ordinance through the Lens of CEQA86
Save Our Big Trees v. City of Santa Cruz,
241 Cal.App.4th 694 (6th Dist. 2015).
LEGISLATIVE UPDATE
California 2015 Year-End Legislative Summary88
