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

California Land Use Law & Policy Reporter

November 2010

Volume 20, Number 2 November 2010


Solar Farms and the Williamson Act: Compatible Use? by Annie Mudge and Bradley B. Brownlow, Cox, Castle 35


Pacific Legal Foundation, Central Valley Organizations Petition U.S. Fish and Wildlife Service Seeking Delisting of Valley Elderberry Longhorn


California’s New Construction Stormwater Discharge Permit Require-



Circuit Court of Appeals:

Ninth Circuit Finds ‘Serious Questions’ Approach to Evaluating Preliminary Injunction Applications Survives U.S. Supreme Court Decision in


Alliance for the Wild Rockies v. Cottrell, ___F.3d___, Case No. 09-35756 (9th Cir. Sept. 22, 2010).

Ninth Circuit Holds that a Land Exchange Approved by the U.S. Bureau of Land Management Violated NEPA and the Federal Land Policy and Management Act47

Center for Biological Diversity v. U.S. Department of the Interior, ___F.3d___, Case No. 07-16423 (9th Cir. 2010).

Ninth Circuit Holds Clean Water Act Precludes Pre-Enforcement Judicial Review of Compliance Orders49

Sackett v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-35854 (9th Cir. Sept. 17, 2010).


District Court of Appeal:

First District Concludes U.C. Regents Complied with Alquist-Priolo Act and CEQA in Certifying EIR for UC Berkeley Athlete Center51

California Oak Foundation v. Regents of the University of California, 188 Cal.App.4th 227 (1st Dist. 2010).

Fourth District Finds Lower Court Abused Its Discretion in Refusing Motion for Supplemental Attorney’s Fee Award Following Successful Appeal54

Center for Biological Diversity v. County of San Bernardino, 188 Cal.App.4th 603 (4th Dist. 2010).

Second District Finds Conditional Use Permit Requirement Does Not Violate the Religious Land Use and Institutionalized Persons Act56

County of Los Angeles v. Sahag-Mesrob Armenian Christian School, ___Cal.App.4th___, Case No. B216888 (2nd Dist. Sept. 22, 2010).

Second District Addresses ‘Conflicting Mandates’ of Mobile Home Park Conversion Law, Coastal Act and Mello Act58

Pacific Palisades Bowl Mobile Estates LLC. v. City of Los Angles, 187 Cal.App.4th 1461 (2nd Dist. 2010).

Second District Holds Land Conservancy Has Authority to Award Funds to Joint Powers Agency to which It Is a Member60

Robings v. Santa Monica Mountains Conservancy, ___Cal.App.4th___, Case No. B216701 (2nd Dist. Sept. 23, 2010).