FEATURE ARTICLE
Second District Court of Appeal Requires Payment of Prevailing Wages for Privately Funded Improvements by Gregory Powers and Dan Friedlander, Jackson DeMarco Tidus Peckenpaugh, California159
LAND USE NEWS
Governor Brown’s Budget Proposal Eliminates Redevelopment Agencies and Tax Breaks for Farmland164
Yolo County Reaffirms Land and Water Deal with Developer165
REGULATORY UPDATE
U.S. Fish and Wildlife Service Revises Designation of Critical Habitat for the Endangered Arroyo Toad167
LAWSUITS FILED OR PENDING
Two New Lawsuits Filed against the Bureau of Land Management for Its Approval of Solar Power Projects in California169
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Vacates Department of Energy’s Electrical Congestion
Study171
California Wilderness v. U.S. Department of Energy, ___F.3d___, Case No. 08-71823 (9th Cir. Feb. 1, 2011).
Ninth Circuit Amends Earlier Decision Holding that the Endangered Species Act Does Not Prohibit ‘Taking’ of Species in a Privately Owned
Wetland173
Northern California River Watch v. Wilcox, 620 F.3d 1075 (9th Cir. 2010), amended Jan. 26, 2011.
Fourth Circuit Holds Corps’ Rapanos Jurisdiction Fails in Absence of ‘Significant Nexus’ between Project Wetlands and Tributary175
Precon Development Corporation, Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 09-2239 (4th Cir. Jan. 25, 2011).
RECENT CALIFORNIA DECISIONS
Supreme Court:
California Supreme Court Upholds SWRCB’s Water Rights Fee Program, but Directs Trial Court to Determine if Fees Are Too High178
California Farm Bureau Federation et al. v. State Water Resources Control Board, ___Cal.4th___, Case No. S150518 (Cal. Jan. 31, 2011).
District Court of Appeal:
Second District Concludes City May Not Authorize Construction of Bridge in City Park without Prior Voter Approval181
Citizens Planning Association et al., v. City of Santa Barbara et al., ___Cal.App.4th___, Case No. B216006 (2nd Dist. Jan. 25, 2011).
Third District Finds Statute of Limitations Period for Inverse Condemnation Action Begins when Possession of Property Becomes Wrongful182
Cobb v. City of Stockton, ___Cal.App.4th___, Case No. C062328 (3rd Dist. Jan. 26, 2011).
First District Holds that Completion of Construction Moots Challenges to Development Project184
Wilson & Wilson v. City Council of Redwood City, ___Cal.App.4th___ (1st Dist. Jan. 25, 2011).
Second District Finds City’s Antenna Height Ordinance Unconstitutionally Vague and Unenforceable186
Zubarau v. City of Palmdale, ___Cal.App.4th___, Case No. B216308 (2nd Dist. Jan. 27, 2011).
