LAND USE NEWS
California Legislature Considers Expanding Eligible Recipients of Sustainable Communities Funding to Special Districts, JPAs and Other Land Use Authorities301
RECENT FEDERAL DECISIONS
U.S. Supreme Court:
U.S. Supreme Court Reverses Injunctions That Prohibited Deregulation and Planting of Genetically Modified Seeds303
Monsanto Company v. Geertson Seed Farms, ___U.S.___, Case No. 09-475 (June 21, 2010).
U.S. Supreme Court Holds Beachfront Property Owners Are Not Entitled to Restored Beaches, Leaving Question of ‘Judicial Takings’ Unresolved . 305
Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, ___U.S.___, Case No. 08–1151 (June 17, 2010).
Circuit Court of Appeals:
Ninth Circuit Upholds the U.S. Fish and Wildlife Service’s Critical Habitat Designation for the Mexican Spotted Owl307
Arizona Cattle Growers’ Association v. Salazar, ___F.3d ___, Case No. 08-15810 (9th Cir. June 4, 2010).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Fourth District Finds a Siting Agreement Does Not Require CEQA Review if It Does Not Constitute a Commitment to Proceed with the Project309
City of Santee v. County of San Diego, ___Cal.App.4th___, Case No. D055310 (4th Dist. 2010).
Sixth District Upholds Nominal Compensation for Railroad Property Condemnation Action311
City of San Jose v. Union Pacific Railroad Company, 185 Cal.App.4th 624 (6th Dist. 2010).
Sixth District Reverses Validation Action Challenging Redevelopment Plan312
County of Los Angeles v. Glendora Redevelopment Project, et al., ___Cal.App.4th___, Case No. H032945 (6th Dist. June 15, 2010).
Fifth District Upholds Adoption of Several Development Impact Fees—Finds Fees Survive Scrutiny under Mitigation Fee Act and Quimby Act314
Homebuilders Association of Tulare/Kings Counties, Inc. v. City of Lemoore, ___Cal.App.4th___, Case No. F057671 (5th Dist. June 9, 2010).
Fourth District Holds Additional CEQA Review Is Not Required Where a Public Agency Does Not Have Discretionary Approval over a Project316
San Diego Navy Broadway Complex Coalition v. City of San Diego, 185 Cal.App.4th 924 (4th Dist. 2010).
First District Finds Alameda County Applied Wrong Legal Standard to Determine In-Fill Development Exemption from CEQA318
Tomlinson, et al. v. County of Alameda, et al., 185 Cal.App.4th 1029 (1st Dist. 2010).
Sixth District Finds Property Owner Strictly Liable For Chemical Spill and Negligent For Failing to Immediately Report Discharge319
TWC Storage, LLC v. California State Water Resources Control Board, 185 Cal.App.4th 291 (6th Dist. 2010), modified June 29, 2010.
First District Finds No Rational Basis for Ordinance Differentiating Type of Retail Store with and without Pharmacy for Legal Tobacco Sales321
Walgreen Co. v. City and County of San Francisco, ___Cal.App.4th___, Case No. 2010 (1st Dist. June 8, 2010).
First District Holds Department of Water Resources Is a ‘Person’ under the California Endangered Species Act323
Watershed Enforcers v. California Department of Water Resources, 185 Cal.App.4th 969 (1st Dist. 2010).
LEGISLATIVE UPDATE325
