FEATURE ARTICLE
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REGULATORY DEVELOPMENTS
Can the U.S. Fish and Wildlife Service Designate Uninhabitable Areas as ‘Critical Habitat’ of a Listed Species—Must Courts Defer to Its Interpretation of the ESA?163
RECENT FEDERAL DECISIONS
U.S. Supreme Court:
U.S. Supreme Court Clarifies Procedure for Challenging Regulations Defining the Scope of the Clean Water Act, Leaving Substance Unresolved165
National Association of Manufacturers v. Department of Defense, ___U.S.___, S. Ct. Case No. 16-299 (U.S. Jan. 22, 2018).
Circuit Court of Appeals:
Ninth Circuit Holds that Use of Groundwater Injection Wells Required Clean Water Act NPDES Permit167
Hawai’i Wildlife Fund et al. v. County of Maui ___F.3d___, Case No. 15-17447, (9th Cir. Feb. 1, 2018).
Tenth Circuit Affirms that Records in the Possession of Third-Party Government Contractor Are Not Subject to Disclosure Request under Freedom of Information Act169
Rocky Mountain Wild, Inc. v. U.S. Forest Service, et al., ___F.3d___, Case No. 17-1119, (10th Cir. Jan. 5, 2018).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Third District Court Affords Substantial Deference to Fish and Game Commission in Determining Whether Delisting Petitions May Move Forward172
Central Coast Forest Association, et al. v. California Fish & Game Commission, ___Cal.App.3d___, Case No C060569 (3rd Dist. Jan. 5, 2018).
Fourth District Court Rejects CEQA Challenge Based on Failure to Exhaust Administrative Remedies Where City Had Its Own Environmental Procedures174
Clews Land and Livestock, LLC v. City of San Diego, ___Cal.App.5th___, Case No. D071145 (4th Dist. Dec. 20, 2017; Pub. Jan 8, 2018).
Fifth District Court Finds California Air Resources Board Violated CEQA and the APA in Adopting Truck and Bus Regulation Revisions176
John R. Lawson Rock & Oil, Inc. v. California State Air Resources Board, ___Cal.App.5th___, Case No. F074003 (5th Dist. Jan. 31, 2018).
Fourth District Court Finds Post-Judgment Withdrawal of Deposit in Eminent Domain Case Can Require Undertaking178
Medical Acquisition Co., Inc. v. Superior Court, 19 Cal.App.5th 313 (4th Dist. 2018).
Second District Court Finds Homeowner Association has Standing to Bring Inverse Condemnation Suit Related to Los Angeles Transit Route179
Sierra Palms Homeowners Association v. Metro Gold Line Foothill Extension Construction Authority, ___Cal.App.5th___, Case No. B275241 (2nd Dist. Jan. 29, 2018).
Fifth District Court Finds Environmental Impact Report for General Plan Update Was Not Required to Analyze Urban Decay181
Visalia Retail, LP v. City of Visalia, ___Cal.App.5th___, Case No. F074118 (5th Dist. Jan. 30, 2018).
