FEATURE ARTICLE
‘Much Ado About Nothing Much’—A Summary and Analysis of the 2011 California Environmental Quality Act Legislation by Michael Zischke and Christian Cebrian, Cox, Castle 99
LAND USE NEWS
California Fish and Wildlife Strategic Vision Executive Committee Releases Draft Interim Strategic Vision for Public Review and Comment105
REGULATORY DEVELOPMENTS
California Energy Commission Considers ‘Expansion’ of Its Siting Jurisdiction to Photovoltaic Solar Power Plants107
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Finds Fish and Wildlife Service’s ESA Delisting of Yellowstone Grizzly Bear Population Was Not Lawfully Supported109
Greater Yellowstone Coalition v. Servheen, ___F.3d___, Case Nos 09-36100, 10-35043, 10-35052, 10-35054 (9th Cir. Nov. 22, 2011).
Ninth Circuit Affirms District Court Decision Upholding the Fish and Wildlife Service’s Bull Trout and Grizzly Bear Biological Opinions111
Rock Creek Alliance v. U.S. Fish and Wildlife Service, ___F.3d___, Case No. 10-35596 (9th Cir. Nov. 16, 2011).
District Court:
District Court Holds It’s an Issue of Fact whether a Gravel and Sand Yard Constitutes an ‘Industrial Facility’ Warranting Clean Water Act NPDES Permit Compliance113
California Sportfishing Protection Alliance v. Shamrock Materials, Inc., ___F.Supp.2d___, Case No. C11-2565 MEJ (N.D. Cal. Nov. 2, 2011).
Claims Court:
Federal Court of Claims Rejects Public Trust Limits on Water Right but Dismisses Water District’s Takings Claim as Unripe115
Casitas Municipal Water District v. U.S., Case No. 05-168L (Fed. Cl. Dec. 5, 2011).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Second District Upholds ‘Preservation in Place’ Analysis in EIR and Rejects Allegation that EIR Was Required to Evaluate Impacts from Sea Level Rise on Project118
Ballona Wetlands Land Trust v. City of Los Angeles, ___Cal.App.4th___, Case No. B231965 (2nd Dist. Nov. 9, 2011).
Fourth District Upholds City’s Zoning Ordinance Banning Medical Marijuana Dispensaries120
City of Riverside v. Inland Empire Patient’s Health and Wellness Center, Inc., ___Cal.App.4th___, Case No. E052400 (4th Dist. Nov. 9, 2011).
Sixth District Finds Application to LAFCO for Extension of Municipal Services beyond Physical Boundaries May Be Filed by Prospective Recipient of
Services122
Community Water Coalition v. Santa Cruz County Local Agency Formation Commission, ___Cal.App.4th___, Case No. H036616 (6th Dist. Nov. 18, 2011).
Third District Upholds Dismissal of CEQA Action where Petitioner’s Corporate Powers Were Suspended until after the Statute of Limitations Passed124
Friends of Shingle Springs Interchange, Inc. v. County of El Dorado, ___Cal.App.4th___, Case No. CO65068 (3rd Dist. Nov. 22, 2011).
Sixth District Upholds City’s Finding of General Plan Consistency and Use of Projected Traffic Conditions as Environmental Baseline126
Pfeiffer v. City of Sunnyvale City Council, ___Cal.App.4th___, Case No. H036310 (6th Dist. Oct. 28, 2011).
