REGULATORY DEVELOPMENTS
State Water Resources Control Board Plans New Wetlands Regulatory
Program287
LAWSUITS FILED OR PENDING
California Supreme Court Grants Review of City’s Plastic Bag Ban289
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Finds Stormwater Runoff from Logging Roads Is a Point Source Discharge Requiring a Clean Water Act NPDES Permit292
Northwest Environmental Defense Center v. Brown, ___F.3d___, Case No. 07-35266 (9th Cir. May 17, 2011).
Ninth Circuit Finds NEPA EIS Deficient for Failure to Consider Project Alternative Suggested in Comments on Draft Statement294
Southeast Alaska Conservation Council v. Federal Highway Administration, ___F.3d___, Case No. 09-35551 (9th Cir. May 4, 2011).
RECENT CALIFORNIA DECISIONS
California Supreme Court:
California Supreme Court Finds that a Developer’s Claims against Its Former Lawyer Have Merit in the Context of an Anti-SLAPP Motion296
Oasis West Realty, LLC v. Goldman, ___Cal.4th___, Case No. S181781 (Cal. May 16, 2011).
District Court of Appeal:
First District Reverses Attorney’s Fee Award under California’s Private Attorney General Statute in State ESA Challenge298
Center for Biological Diversity v. California Fish and Game Commission, 195 Cal.App.4th 128 (1st Dist. 2011).
First District Affirms Constitutionality of City Ordinance Regulating the Storage of Recreational Vehi-
cles299
Disney v. City of Concord, ___Cal.App.4th___, Case No. A129094 (1st Dist. 2011).
Fourth District Dismisses Lawsuit Challenging Implementation of City’s Housing Element as Un-
timely301
Haro v. City of Solana Beach, 195 Cal.App.4th 542 (4th Dist. 2011).
First District Holds that Move-Out Provision in Pretrial Settlement Agreement Did Not Violate City’s Rent Control Ordinance or Public Policy303
Kaufman v. Goldman, ___Cal.App.4th___, Case No. A127971 (1st Dist. April 22, 2011).
First District Finds Revised EIR Did Not Impermissibly Defer Mitigation of Seismic Impacts—Allows Project to Move Forward305
Oakland Heritage Alliance v. City of Oakland, ___Cal.App.4th___, Case No. A126558 (1st Dist. May 19, 2011).
Superior Court:
Superior Court Issues Final Order Enjoining
Implementation of California’s Cap-and-Trade Program307
Association of Irritated Residents, et al. v. California Air Resources Board, Case No. CPF-09-509562, Order, May 20, 2011 (San Francisco Super. Ct.).
Municipal Utility’s EIR for 2040 Water Supply Plan Held Inadequate under the California Environmental Quality Act309
Foothill Conservancy, et al. v. East Bay Municipal Utility District, Case No. 34-2010-80000491 (Sacramento Super Ct.).
LEGISLATIVE UPDATE311
