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California Land Use Law & Policy Reporter

July 2011

Volume 20, Number 10 July 2011


State Water Resources Control Board Plans New Wetlands Regulatory



California Supreme Court Grants Review of City’s Plastic Bag Ban289


Circuit Court of Appeals:

Ninth Circuit Finds Stormwater Runoff from Logging Roads Is a Point Source Discharge Requiring a Clean Water Act NPDES Permit292

Northwest Environmental Defense Center v. Brown, ___F.3d___, Case No. 07-35266 (9th Cir. May 17, 2011).

Ninth Circuit Finds NEPA EIS Deficient for Failure to Consider Project Alternative Suggested in Comments on Draft Statement294

Southeast Alaska Conservation Council v. Federal Highway Administration, ___F.3d___, Case No. 09-35551 (9th Cir. May 4, 2011).


California Supreme Court:

California Supreme Court Finds that a Developer’s Claims against Its Former Lawyer Have Merit in the Context of an Anti-SLAPP Motion296

Oasis West Realty, LLC v. Goldman, ___Cal.4th___, Case No. S181781 (Cal. May 16, 2011).

District Court of Appeal:

First District Reverses Attorney’s Fee Award under California’s Private Attorney General Statute in State ESA Challenge298

Center for Biological Diversity v. California Fish and Game Commission, 195 Cal.App.4th 128 (1st Dist. 2011).

First District Affirms Constitutionality of City Ordinance Regulating the Storage of Recreational Vehi-


Disney v. City of Concord, ___Cal.App.4th___, Case No. A129094 (1st Dist. 2011).

Fourth District Dismisses Lawsuit Challenging Implementation of City’s Housing Element as Un-


Haro v. City of Solana Beach, 195 Cal.App.4th 542 (4th Dist. 2011).

First District Holds that Move-Out Provision in Pretrial Settlement Agreement Did Not Violate City’s Rent Control Ordinance or Public Policy303

Kaufman v. Goldman, ___Cal.App.4th___, Case No. A127971 (1st Dist. April 22, 2011).

First District Finds Revised EIR Did Not Impermissibly Defer Mitigation of Seismic Impacts—Allows Project to Move Forward305

Oakland Heritage Alliance v. City of Oakland, ___Cal.App.4th___, Case No. A126558 (1st Dist. May 19, 2011).

Superior Court:

Superior Court Issues Final Order Enjoining

Implementation of California’s Cap-and-Trade Program307

Association of Irritated Residents, et al. v. California Air Resources Board, Case No. CPF-09-509562, Order, May 20, 2011 (San Francisco Super. Ct.).

Municipal Utility’s EIR for 2040 Water Supply Plan Held Inadequate under the California Environmental Quality Act309

Foothill Conservancy, et al. v. East Bay Municipal Utility District, Case No. 34-2010-80000491 (Sacramento Super Ct.).