Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

California Land Use Law & Policy Reporter

January 2012

Volume 21, Number 4 January 2012


‘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


California Fish and Wildlife Strategic Vision Executive Committee Releases Draft Interim Strategic Vision for Public Review and Comment105


California Energy Commission Considers ‘Expansion’ of Its Siting Jurisdiction to Photovoltaic Solar Power Plants107


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).


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


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).