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California Land Use Law & Policy Reporter

July 2010

Volume 19, Number 10 July 2010


The San Francisco Bay Area Air Quality Management District Adopts Stringent CEQA Thresholds of Significance for Greenhouse Gas Emissions by Tiffany Wright, Remy, Thomas, Moose and Manley, Sacramento269


U.S. Fish and Wildlife Service Commences Five-Year Review of 34 Species in California and Nevada275


Lawsuit Claims Federal Government Has Illegally Expanded Endangered Species Act Listings277


U.S. Supreme Court:

U.S. Supreme Court Quells Injunction against Display of Latin Cross Where Transfer of Land to Private Party Changed Circumstances Underlying Injunction’s Purpose278

Salazar v. Buono, ___U.S.___, 130 S. Ct. 1803, Case No. 08-472 (April 28, 2010).

Circuit Court of Appeals:

Ninth Circuit Validates Agency Findings Approving Business Park’s Impact on Wetlands and Endangered Species280

Butte Environmental Council v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 09-15363 (9th Cir. June 1, 2010).

District Court:

District Court Finds the Americans with Disabilities Act Does Not Give Disabled Citizens the Right to Use Medical Marijuana282

James v. City of Costa Mesa, ___F.Supp.2d___, Case No. SACV 10-0402 AG (C.D. Cal. 2010).


District Court of Appeal:

Fourth District Finds CEQA Violation Where

Infeasibility Determination for Alternative Looked to Only One Facility—Finds need for Water Supply Assessment284

Center for Biological Diversity v. County of San Bernardino, ___Cal.App.4th___ Case Nos. D056652, D056648 (4th Dist. May 25, 2010).

Fourth District Rejects ‘Public Streets, Highways, and Service Easements Vacation Law’ as Exclusive Method to Vacate Public Rights-Of-Way and Easements for Redevelopment Projects286

Citizens for Responsible Equitable Environmental Development v. City of San Diego, ___Cal.App.4th___, Case No. 37-2008-00090571-CU-MC-CTL (4th Dist. 2010).

Third District Finds No State Preemption of Ordinance Prohibiting Sale of Tobacco to Minors with Suspending or Revoking Retailer’s Local License as


Prime Gas, Inc. v. City of Sacramento, 184 Cal.App.4th 697 (3rd Dist. 2010).

First District Finds a Plaintiff Must Be Able to Prove Damages to Maintain a Cause of Action for Inverse Condemnation290

Ridgewater Associates, LLC v. Dublin San Ramon Services District, 184 Cal.App.4th 629 (1st Dist. 2010).

Superior Court:

Orange County Superior Court Preliminarily Enjoins Medical Marijuana Dispensaries in the Cities of Lake Forest and Westminster292

City of Lake Forest v. Moen, et al., Case No. 30-2009-00298887, (Orange Cnty Super Ct); City of Westminster v. Madhat, et al., Case No. 30-2010-00338140 (Orange Cnty Super Ct).