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California Land Use Law & Policy Reporter

May 2010

Volume 19, Number 8 May 2010

FEATURE ARTICLE

California’s Central Valley Flood Protection Plan: An Opportunity to Limit Liability by Andrea P. Clark, Downey Brand and Timothy Washburn, Sacramento Area Flood Control Agency, Sacramento, California235

LAND USE NEWS

A Profile of the New Delta Governance: Appointments to the Delta Stewardship Council243

REGULATORY UPDATE

U.S. Fish and Wildlife Service Designates 1.6 Million Acres of Critical Habitat for the California Red-Legged Frog245

Petition Filed with the FWS to Remove the California Gnatcatcher from Federal Endangered Species List246

RECENT FEDERAL DECISIONS

Ninth Circuit Invalidates Forest Service’s Approval of Grazing Allotments under NEPA Due to Nonexistent MIS and Failure to Take a ‘Hard Look’ at the Project248

Native Ecosystems Council v. Tidwell, ___F.3d___, Case No. 06-35890 (9th Cir. March 9, 2010).

RECENT CALIFORNIA DECISIONS

Supreme Court:

Supreme Court Holds CEQA Challenge Time-Barred Where Agency Filed Notice of Exemption, Whether or Not a CEQA Exemption Properly Ap-

plied250

Stockton Citizens for Sensible Planning v. City of Stockton, ___Cal.4th___ Case No. S161190 (April 1, 2010).

District Court of Appeal:

Fifth District Finds Claim that Memorandum of Understanding Approval Violated CEQA to Be

Moot252

City of Patterson v. Stanislaus County, Case No. F057357, Unpub. Op. (5th Dist. Mar. 3, 2010).

First District Upholds Grant of Injunctive Relief for Violation of Common Interest Development’s Height Restrictions.254

Clear Lake Riviera Community Assn. v. Cramer, ___Cal.App.4th___ Case No. A122205 (1st Dist. 2010).

Fifth District Finds Addition of ‘Supercenter’ to Project Does Not Necessarily Require an Urban Decay Analysis in a Subsequent or Supplemental EIR256

Melom v. City of Madera, ___Cal.App.4th___, Case No. F055024 (5th Dist. March 24, 2010).

First District Upholds Trial Court Ruling that City’s Approval of General Plan Update Violated State Aeronautics Act and CEQA258

Watsonville Pilots Assn. v. City of Watsonville, ___Cal.App.4th___, Case No. A122205 (1st Dist. April 12, 2010).

LEGISLATIVE UPDATE260