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California Land Use Law & Policy Reporter

August/September 2019

Volume 28, Number 11 August/September 2019

LAND USE NEWS

Trump Administration Undertakes Historic Rollback of Environmental Protections for National Parks315

REGULATORY DEVELOPMENTS

New Biological Opinions Anticipated to Impact the Coordinated Operation and Water Supply of the State’s Largest Water Projects317

California Department of Water Resources Releases Final California Water Plan Update 2018318

RECENT FEDERAL DECISIONS

U.S. Supreme Court:

U.S. Supreme Court Delivers Major Takings Property Rights Victory320

Knick v. Township of Scott, Pennsylvania, ___U.S.___, 139 S.Ct. 2162 (U.S. June 21, 2019).

Circuit Court of Appeals:

Tribe Intervenes as Required Party and Case Dismissed Based on Tribal Sovereign Immunity322

Dine Citizens Against Ruining Our Environment v. Bureau of Indian Affairs, ___F.3d___, Case No. 17-17320 (9th Cir. July 29, 2019).

Eighth Circuit Denies Private Right of Action under NEPA Against State Agency Regarding Proposed Light Rail Transit Project324

Lakes & Parks Alliance of Minneapolis v. Federal Transit Administration,
928 F.3d 759 (8th Cir. 2019).

RECENT CALIFORNIA DECISIONS

Supreme Court:

California Supreme Court Holds Local Ordinance Regulating Cannabis Activity May Be Subject to

CEQA Review326

Union of Medical Marijuana Patients, Inc. v. City of San Diego, ___Cal.5th___, Case No. S238563 (Cal. Aug. 19, 2019).

District Court of Appeal:

Fourth District Court Rules on Discussion of Project Alternatives for Solar Energy Project in Zoning

Case328

City of Hesperia v. Lake Arrowhead Community Services District, 37 Cal.App.5th 734 (4th Dist. 2019).

Fourth District Court Overturns Tentative Map Approval Given Failure to Comply with Williamson Act and Map Act Provisions330

Cleveland National Forest Foundation v. County of San Diego, ___Cal.App.5th___, Case No. D073744 (4th Dist. July 25, 2019).

Second District Court Upholds City’s Determination that EIR Not Required to Evaluate Population or Housing Impacts for Hotel Project332

Hollywoodians Encouraging Rental Opportunities v. City of Los Angeles, ___Cal.App.5th___, Case No. B285553 (2nd Dist. July 22, 2019).

Third District Court Upholds City’s Approval of Infill Project in the First Opinion to Address Sustainable Communities Environmental Assessment334

Sacramentans for Fair Planning v. City of Sacramento, ___Cal.App.5th___, Case No. C086182 (3rd Dist. July 18, 2019).

First District Court Denies CEQA Challenge to a Mixed-Use Real Estate Development Project in San Francisco336

Save the Hill v. City and County of San Francisco, Unpub., Case No. A153549 (1st Dist. July 22, 2019).

LEGISLATIVE UPDATE339