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California Land Use Law & Policy Reporter

March 2010

Volume 19, Number 6 March 2010


A Brave New World for Land Use Regulation in the Delta and along the San Francisco Bay Shoreline by Scott B. Birkey and Christian Cebrian, Cox, Castle 163

California Senate Bill 481: A Safe Landing for Endangered Birds, but Not for Aircraft by Tom Roth, San Francisco, California169


U.S. Senate Desert Conservation Bill Will Impact Renewable Energy Development173


State of California Adopts Mandatory ‘Green’ Building Standards—The Most Comprehensive ‘Green’ Building Code In the Nation175


Circuit Court of Appeals:

Ninth Circuit Denies Claims that U.S. Forest Service Unlawfully Permitted Motorized Use of a Trail in Hells Canyon Wilderness177

Hells Canyon Preservation Council v. U.S. Forest Service, ___F.3d___, Case No. 07-35456 (9th Cir. Jan. 25, 2010).


Supreme Court:

Supreme Court Rules 30-Day Statute of Limitations Applies where Agency Has Posted an NOD, Regardless of Nature of CEQA Violation Alleged . .179

Committee for Green Foothills v. Santa Clara County Board of Supervisors, ___Cal.4th___, Case No. S.163680(Feb. 11, 2010).

District Court of Appeal:

Second District Finds a Prescriptive Easement in Water Pipeline from a Gravity-Fed Spring181

Brezina v. Cooper, Unpublished Op., Case No. B210125 (2nd Dist. Jan. 22, 2010.)

First District Rules Agency Cannot Delete a Previously Adopted Mitigation Measure Attached to an Expired Approval without Reviewing the Continuing Need for the Mitigation183

Katzeff v. California Department of Forestry and Fire Protection, ___Cal.App.4th___, Case No. A122642 (1st Dist. Jan. 28, 2010).

Second District Upholds Los Angeles’ Redevelopment Design Guidelines for North Hollywood185

PR/JSM Rivera LLC v. Community Redevelopment Agency of the City of Los Angeles, ___Cal.App.4th___, Case No. B213051 (2nd Dist. 2009).

Second District Finds EIR Was Needed before Enactment of an Ordinance Prohibiting Certain Retail Stores from Providing Plastic Bags to Customers187

Save the PlasticBag Coalition v. City of Manhattan Beach, ___Cal.App.4th___, Case No. B215788 (2nd Dist. Jan. 27, 2010).

Superior Court:

San Joaquin County Superior Court Upholds EIR for City of Stockton’s 2035 General Plan189

Morada Area Association v. City of Stockton, Case No. CV034370 (San Joaquin Super. Ct. Jan. 4, 2010).