LAND USE NEWS
Three Fracking Ban Bills Advance in California State Legislature255
REGULATORY DEVELOPMENTS
U.S. Fish and Wildlife Service Issues Eagle Conservation Guidance for Wind Energy Projects257
California’s Cap-and-Trade Program Challenged Once Again—This Time via State Court Action—Against the California Air Resources Board259
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Rules that Wood Preservatives from Utility Poles Do Not Violate the Clean Water Act and the Resource Conservationand Recovery
Act261
Ecological Rights Foundation v. Pacific Gas and Electric Company; Pacific Bell Telephone Company, ___F.3d___, Case No. 11-16042 (9th Cir. Apr. 3, 2013).
District Court:
District Court Strikes Down Gas and Oil Leases Issued by BLM for Failure to Comply with the National Environmental Policy Act262
Center for Biological Diversity v. Bureau of Land Management, ___F.Supp.2d___, Case No. C 11-06174 PSG (N.D. Cal. 2013).
District Court Dismisses Endangered Species Act Challenge to 382 Registered Pesticides265
Center for Biological Diversity v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 11-cv-00293-JCS (N.D. Cal. Apr. 22, 2013).
Logging the Forest to Save the Forest: District Court Weighs in on Remedy for Defective EIS for Sierra Nevada Forest Plan268
Sierra Forest Legacy v. Sherman, ___F.Supp.2d___, Case Nos. 2:05-CV-00205, 00211 (E.D. Cal. Apr. 15, 2013).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Third District Upholds Dismissal of CEQA Petition Filed More than 30 Days after the Agency Published a Notice of Determination270
Alliance for the Protection of the Auburn Community Environment et al. v. County of Placer, 215 Cal.App.4th 25 (3rd Dist. 2013).
Fourth District Upholds California Fish and Game Commission Regulations Creating Marine Protected and Managed Areas271
Coastside Fishing Club v. California Fish and Game Commission, ___Cal.App.4th___, Case No. D061121 (4th Dist. Apr.15, 2013).
First District Upholds City’s Use of CEQA Exemption for Project Consistent with a Specific Plan273
Concerned Dublin Citizens v. City of Dublin, ___Cal.App.4th___, Case No. A135790 (1st Dist. 2013).
Second District Upholds City’s Ban on Medical Marijuana Dispensaries275
Conejo Wellness Center, Inc. v. City of Agoura Hills, ___Cal.App.4th___, Case No. B237718 (2nd Dist. Mar. 29, 2013).
First District Rules Despite CEQA Violations of Agency May Proceed with Some of the Project while Preparing after-the-Fact EIR277
Golden Gate Land Holdings, LLC v. East Bay Regional Park District, ___Cal.App.4th___, Case No A135593 (1st Dist. Apr. 12, 2013).
LEGISLATIVE UPDATE279
