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California Land Use Law & Policy Reporter

January 2011

Volume 20, Number 4 January 2011


The Bay Delta Conservation Plan: Where Does It Stand? by Barbara Brenner and Uzunma Kas-Osoka, Stoel Rives, Sacramento, California99


Fish and Wildlife Service Issues Final Critical Habitat Designated for Polar Bear104

Fish and Wildlife Service Issues Critical Habitat Designattion for San Diego Ambrosia Plant105


Circuit Court of Appeals:

Ninth Circuit Holds that National Marine Fisheries Service’s Approval of California Sea Lion Kill Violated the Marine Mammal Protection Act but Complied with the NEPA106

Humane Society of the United States v. Locke, ___F.3d___, Case No. 08-36038 (9th Cir. Nov. 23, 2010).

Ninth Circuit Finds United States Not an Indispensible Party in Tribal Litigation Contesting Landowner’s Title and Access to Property Surrounded by Reservation Land108

Lyon v. Gila River Indian Community, ___F.3d___, Case No. 08-15570 (9th Cir. Nov. 24, 2010).


District Court of Appeal:

Fifth District Upholds the Validity of Stanislaus County’s Farmland Mitigation Program111

Building Industry Association of Central California v. County of Stanislaus, ___Cal.App.4th___, Case No. F058826 (5th Dist. Nov. 29, 2010).

Fourth District Upholds Specific Plan EIR’s Water Supply Analysis and City’s Determination that Agricultural Mitigation Measures Were Infeasible113

Cherry Valley Pass Acre and Neighbors v. City of Beaumont, ___Cal.App.4th___, Case No. E049651 (4th Dist. Nov. 22, 2010).

First District Finds Partial Success of Environmental Plaintiffs Was Sufficient Public Benefit to Justify Attorney’s Fee Award under Private Attorney General Doctrine115

Environmental Protection Information Center v. California Department of Forestry and Fire Protection, ___Cal.App.4th___, Case No. A108410 (1st Dist. Nov. 19, 2010).

Sixth District Holds that Approval of a Demolition Permit for Historic Structure Is a Ministerial Act Not Subject to CEQA117

Friends of the Juana Briones House v. City of Palo Alto, ___Cal.App.4th___, Case No. H033275 (6th Dist. Nov. 22, 2010).

Fifth District Holds County Improperly Limited Its CEQA Environmental Review to the Reclamation Plan Element of Mining Project119

Nelson v. County of Kern, ___Cal.App.4th___, Case No. F059293 (5th Dist. Nov. 19, 2010).

Second District Rejects Commercial Property from Landmark Preservation Exception under Government Code and City Ordinance121

Or Khaim Hashalom v. City of Santa Monica, ___Cal.App.4th___, Case No. B212733 (2nd Dist. Nov. 22, 2010).