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

California Land Use Law & Policy Reporter

August/September 2010

Volume 19, Number 11 August/September 2010


California Legislature Considers Expanding Eligible Recipients of Sustainable Communities Funding to Special Districts, JPAs and Other Land Use Authorities301


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).


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).