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California Land Use Law & Policy Reporter

June 2010

Volume 19, Number 9 June 2010


Mitigating Climate Change Impacts: CEQA’s Existing Rules Apply—Don’t They? by Christopher Calfee, Esq., Best Best 267


Monterey County Approves Regional Desalination Plant, Awaits Final Decision by Public Utilities Commission273


U.S. Fish and Wildlife Service Announces Sacramento Splittail’s Status


Solar Power and the Williamson Act: Guidance from the California Department of Conservation on Siting Solar Farms on Land under Williamson Act Contract276


District Court of Appeal:

Sixth District Affirms Jurisdiction of California Courts to Adjudicate Local Water Rights Disputes279

California American Water Company v. City of Seaside, ___Cal.App.4th___, Case No. H034335 (6th Dist. April 1, 2010).

Second District Finds Agencies May Use Affordable Housing Funds for Any Authorized Purpose Provided a Nexus Exists Between Expenditures and Supply of Affordable Housing281

City of Cerritos v. Cerritos Taxpayer Association, ___Cal.App.4th___ Case No. B214530 (2nd Dist. April 20, 2010).

First District Issues First Published Decision Regarding Greenhouse Gas Mitigation under CEQA283

Communities for a Better Environment, et al. v. City of Richmond, 184 Cal.App.4th 70 (1st Dist. 2010).

First District Upholds Coastal Commission’s Order Prohibiting Discharge of Fireworks over Estuary without a Coastal Development Permit285

Gualala Festivals Committee v. California Coastal Commission, ___Cal.App.4th___, Case No. A125614 (1st Dist. 2010)

First District Affirms Alternatives Analysis in Lawrence Berkeley National Laboratory’s EIR for a Long Range Development Plan287

Lesley Emmington Jones, et al. v. Regents of the University of California, 183 Cal.App.4th 818 (1st Dist. 2010).

Second District Finds Landlord’s Refusal to Accept ‘Section 8’ Housing Assistance Is Not Discrimination under the State Fair Employment and Housing


Sabi v. Sterling, ___Cal.App.4th___, Case No. B205279 (2nd Cir. April 8, 2010).

Second District Holds Landfill Operator’s Complaint Based on Land Use Guidelines Is Not Subject to ‘Anti-SLAPP’ Motion to Strike Complaint291

USA Waste of California, Inc. v. City of Irwindale, ___Cal.App.4th___ Case No. B212719 (2nd Dist. April 27, 2010).