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California Land Use Law & Policy Reporter

February 2011

Volume 20, Number 5 February 2011


Back to Basics: Setting the Environmental Baseline under the California Environmental Quality Act by Arthur F. Coon and Sean R. Marciniak, Miller Starr Regalia, Walnut Creek, California127


California State Water Resources Control Board Moves Forward with Environmental Review for ‘Wetland Area Protection Policy and Dredge and Fill Regulations’133


U.S. District Court Vacates Fish and Wildlife Service’s Latest Designation of Critical Habitat for Kangaroo Rat and Reinstates Earlier, Larger Desig-



Circuit Court of Appeals:

Ninth Circuit Upholds Approval of Smoky Canyon Mine Extension in the Face of Challenges under NEPA, Clean Water Act and National Forest Management Act137

Greater Yellowstone Coalition, et al. v. Lewis, et al., ___F.3d___, Case Nos. 09-35729, 09-35753 (9th Cir. Dec. 23, 2010).

Ninth Circuit Rejects ‘Takings’ Claim Arising Out of Rent Control Ordinance Affecting Mobile Home Parks139

Guggenheim v. City of Goleta, ___F.3d___, Case No. 06-56306 (9th Cir. Dec. 22, 2010).

Ninth Circuit Affirms U.S. Forest Service Plan to Thin Acreage of National Forest Causing General Decline in Health of Forest141

Lands Council v. McNair, ___F.3d___, Case No. 09-36026 (9th Cir. Dec. 28, 2010).

Ninth Circuit Strikes Down BiOp for Fish Hatchery because FWS Improperly Limited Its Scope of Analysis and Failed to Comply with the ESA143

Wild Fish Conservancy v. Salazar, ___F.3d___, Case No. 09-35531 (9th Cir. Dec. 7, 2010).

Ninth Circuit Finds Fish and Wildlife Service Failed to Demonstrate ‘Necessity’ of Structures in Wilderness Area145

Wilderness Watch Inc. et al. v. U.S. Fish and Wildlife Service et al., ___F.3d___, Case No. 09-17406 (9th Cir. Dec. 21, 2010).


District Court of Appeal:

First District Holds Canibis Dispensary Operator’s Facial Challenge to County Zoning Ordinance148

County of Sonoma v. Superior Court, 190 Cal.App.4th 1312 (1st Dist. 2010).

Third District Upholds Award of $30 Million in Damages to Developer for Town’s Breach of Development Agreement150

Mammoth Lakes Land Acquisition, LLC v. Town of Mammoth Lakes, ___Cal.App.4th___, Case No. C059239 (3rd Dist. Dec. 30, 2010).

Sixth District Upholds Superior Court Decision to Set Aside EIR for Roadway Project Based on Failure to Analyze Impacts against ‘Existing’ Conditions153

Sunnyvale West Coast Neighborhood Association v. City of Sunnyvale City Council, ___Cal.App.4th ___, Case No. H35135 (6th Dist. Dec. 16, 2010).