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California Land Use Law & Policy Reporter

December 2011

Volume 21, Number 3 December 2011


California Legislature Passes—Governor Signs New Law Authorizing ‘Incidental Take’ of ‘Fully Protected’ Species Covered by Natural Community Conservation Plans67

Referendum to Overturn Water Rate Increase Qualifies, Creates Questions Regarding Funding for Woodland-Davis Water Supply Project68

Solar Energy Companies Reach a Settlement with Environmental Organizations over Solar Projects in San Luis Obispo County70


Sacramento District of U.S. Army Corps of Engineers Releases New Considerations for Compensatory Mitigation Measures71


California Farm Bureau Files Action to Challenge Williamson Act Cancellation on Solar Development Project72


Circuit Court of Appeals:

Ninth Circuit Declares Forest Service Travel Management Plan Complies with NEPA Due to Qualitative Similarities in the Final Plan and Proposed Alternatives74

Russell Country Sportsmen, et. al v. U.S. Forest Service, ___F.3d___, Case No. 10-35623 (9th Cir. Oct. 12, 2011).

District Court:

District Court Finds the ESA Does Not Require the Fish and Wildlife Service to Regulate Green House Gas Emissions to Protect the Polar Bear76

In re Polar Bear Endangered Species Act Listing and § 4(d) Rule Litigation, ___F.Supp.2d___, Misc. Case No. 08-764 (EGS), MDL Docket No. 1993, memorandum opinion (D. D.C. Oct. 17, 2011).


District Court of Appeal:

Second District Holds Coastal Commission Has

Appellate Jurisdiction over Approval of a Sub-


DeCicco v. California Coastal Commission, ___Cal.App.4th___, Case No. B228009 (2nd Dist. Oct. 3, 2011).

Fifth District Finds County Was Required to Make Housing Accountability Act Findings Prior to Denying a Residential Subdivision Application79

Honchariw v. County of Stanislaus, ___Cal.App.4th___, Case No. F060788 (5th Dist. Nov. 14, 2011).

Show and Tell—Full Disclosure in CEQA Documents and Water Supply Assessments81

Madera Oversight Coalition, Inc. v. County of Madera, 199 Cal.App.4th 48 (5th Dist. 2011).

Second District Finds Coastal Commission Acted Properly in Certifying City of Malibu’s LCP Amendment for Beachfront Development84

Ross v. California Coastal Commission, 198 Cal.App.4th 1573 (4th Dist. 2011).

Fourth District Upholds Dismissal of Contractor’s Action for Foreclosure of Mechanic’s Lien Due to Absence of Triable Issues of Material Fact86

Sukut Construction, Inc. v. Rimrock CA LLC, ___Cal.App.4th___, Case No. D057774 (4th Dist. Sept.30, 2011).

Fourth District Holds Individual Client Does Not Have Standing to Challenge a City’s Zoning Ban on Medical Marijuana Dispensaries87

Traudt v. City of Dana Point, ___Cal.App.4th___, Case No. G044130 (4th Dist. Sept. 30, 2011).


2011 Year-End Summary of Land Use Legis-