FEATURE ARTICLE
So Now What? The California Supreme Court’s Decision in CBIA v. BAAQMD and Analyzing a Project’s Exacerbation of Existing Environmental Hazards—Didn’t We Already Know How to Do This? by Christian Cebrian, Esq., Cox, Castle 127
LAND USE NEWS
Metropolitan Water District Evaluates Existing Restrictions in Delta Islands Purchase133
LEGISLATIVE DEVELOPMENTS
Three New Redevelopment Related Laws Approved in 2015 California Legislative Session135
REGULATORY DEVELOPMENTS
California State Water Resources Control Board Issues Proposed Revisions to Urban Water Conservation Standards137
LAWSUITS FILED OR PENDING
U.S. Supreme Court Grants Petition for Writ of Certiorari to Hear Takings Clause Case Involving ‘Relevant Parcel’ Question140
RECENT FEDERAL DECISIONS
Court of Appeals:
Ninth Circuit Upholds Denial of Preliminary Injunction Seeking to Stop BLM’s Douglas Fire Complex Recovery Project142
Cascadia Wildlands v. Thrailkill, ___F.3d___, Case No. 14-35819 (9th Cir. Dec. 3, 2015).
District Court:
After the Smoke Clears Litigation Follows—District Court Upholds Forest Service Environmental Analysis/FONSI Restoration Project144
Center for Biological Diversity v. Gould, ___F.Supp.3d___, Case No. 1:151.-cv-1329-GSA (E.D. Cal. Dec. 12, 2015).
District Court Finds California Law Does Not Bar CERCLA Claims against Trustee Based on the Trustee’s Ownership of Contaminated Property146
Trans-Global LLC, v. Lia Detomasi, ___F.Supp.3d___, Case No. 13-cv-02149-WHO (N.D. Cal. Dec. 23, 2015).
RECENT CALIFORNIA DECISIONS
Supreme Court:
Reverse CEQA Reversed—California Supreme Court Rejects Notion of CEQA Thresholds Requiring Analysis of Environment’s Impact on a Project148
California Building Industry Association v. Bay Area Air Quality Management District, ___Cal.4th___, 196 Cal.Rptr.3d 94 (Cal. Dec. 17, 2015).
District Court of Appeal:
Fourth District Court Holds Equitable Estoppel Prevented a City from Reneging on Its Agreement with a Developer149
HPT IHG-2 Properties Trust v. City of Anaheim, 243 Cal.App.4th 188 (4th Dist. 2015).
Fifth District Court Upholds County’s Ban on Marijuana Dispensaries, but Finds Provision Criminalizing Cultivation Preempted by State Laws151
Kirby v. County of Fresno, 242 Cal.App.4th 940 (5th Dist. 2015).
Third District Court Finds Department of Food and Agriculture’s Programmatic EIR for Plan to Eradicate Invasive Insect Runs Afoul of CEQA153
North Coast Rivers Alliance, et al. v. A.G. Kawamura/Our Children’s Earth Foundation, et al. v. California Department of Food and Agriculture, ___Cal.App.4th___, Case No. C07296 (3rd Dist. Dec. 2, 2015).
