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California Land Use Law & Policy Reporter

August/September 2011

Volume 20, Number 11 August/September 2011

FEATURE ARTICLE

Navigating the Landscape of the California Renewables Portfolio Standard

by Sarah M. Barker-Ball and Monica A. Schwebs, Bingham McCutchen, San Francisco319

LAND USE NEWS

Governor Brown Signs into Law the Dissolution of Redevelopment Agencies, unless Local Jurisdictions Agree to Turn Over Tax Increment Revenue325

Landowner-County Partnership Program Aims to Preserve and Restore Salmon Habitat in the San Geronimo Valley326

REGULATORY DEVELOPMENTS

California Public Utilities Commission Finds EIR Was Adequate for the Eldorado-Ivanpah Transmission Project328

LAWSUITS FILED OR PENDING

U.S. Supreme Court Declines Review of Decision that California Acted In Bad Faith by Imposing General Fund Payments in Exchange for Casino Approval330

District Court Upholds Rule Listing Polar Bear as ‘Threatened’ under the Endangered Species Act331

RECENT FEDERAL DECISIONS

District Court:

District Court Finds Forest Service’s Off-Highway Vehicle Decision Violated the Endangered Species Act and the National Forest Management Act333

Center for Sierra Nevada Conservation v. U.S. Forest Service, ___F.Supp.2d___, Case No. CIV S-09-2523 (E.D. Cal. 2011).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Fifth District Holds Certain Impacts Related to School Facilities Must Be Evaluated in EIR Despite SB 50’s Limitations on Analysis of Project’s School

Impacts335

Chawanakee Unified School District v. County of Madera, ___Cal.App.4th___, Case No. F059382 (5th Dist. June 21, 2011).

Fourth District Holds: CEQA Litigation Tactic of a Document Dump Is a Failure to ‘Exhaust’ Remedies—Greenhouse Gases Are Not ‘New Information’—Water Supply Assessment Timely337

Citizens for Responsible Equitable Environmental Development v. City of San Diego, ___Cal.App.4th___, Case No. D057524 (4th Dist. Pub. June 10, 2011).

Fourth District Reverses Judgment Denying Goodwill Compensation, Finds Lessor Was Entitled to Condemnation Award as the Assignee of the Business

Owner339

Galardi Group Franchise & Leasing, LLC v. City of El Cajon, 196 Cal.App.4th 280 (4th Dist. 2011).

First District Reverses Judgment Dismissing CEQA Challenge on Statute of Limitations Grounds and Rules on How Long a Notice of Determination Must Be Posted340

Latinos Unidos De Napa v. City of Napa, ___Cal.App.4th___, Case No. 26-49634 (1st Dist. June 27, 2011).

LEGISLATIVE UPDATE343