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California Land Use Law & Policy Reporter

June 2014

Volume 23, Number 9 June 2014


Ninety-Acre Delta Restoration Project Approaches Finalization255

Water Infrastructure Legislation Passed by Congress for the First Time in Seven Years256


EPA andthe Corps of Engineers Propose a Rule Defining—and Expanding—the Scope of their Regulatory Jurisdiction over Waters and Wetlands258


Circuit Court of Appeals:

Ninth Circuit Holds that the U.S. Bureau of Reclamation Was Required to Engage in ESA Section 7 Consultation over Sacramento River Settlement Contracts260

Natural Resources Defense Council v. Jewell, ___ F.3d ___, Case No. 09-17661 (9th Cir. Apr. 16, 2014).

District Court:

District Court Finds Due Process Claims Based on a U.S. Army Corps of Engineer’s Clean Water Act Cease and Desist Order Survive Challenge261

Duarte Nursery, Inc. v. U.S. Army Corps of Engineers, ___F.Supp.2d___, Case No. S-13-2095 (E.D. Cal. Apr. 23, 2014).

District Court Upholds the Tahoe Regional Planning Agency’s Lake Tahoe Regional Plan Update263

Sierra Club v. Tahoe Regional Planning Agency, ___F.Supp.2d___, Case No. 2:13-cv-00267 (E.D. Cal. Apr. 7, 2014).

Fishing for Trouble: District Court Finds Failing to Abide by the Federal ESA Can Swiftly Derail a Project265

Souza v. California Department of Transportation, ___F.Supp.2d___, Case No. 13-cv-04407-JD (N.D. Cal. May 2, 2014).

District Court Finds Challenges to Wind Project Based on Potential ‘Taking’ of Migratory Birds Do Not Take Flight267

The Protect Our Communities Foundation et al. vs. Jewell et al., ___F.Supp.2d___, Case No. 13CV575 (S.D. Cal. Mar. 25, 2014).


District Court of Appeal:

Third District Court Finds City Not Liable for Flood Damage after Court Finds that the City Acted Reasonably in Deferring Storm Drain Improvements269

Biron v. City of Redding, ___ Cal.App.4th ___, Case No. C071094 (3rd Dist. Apr. 30, 2014).

Third District Court Finds CEQA Mandated EIR for Regional Shopping Center Inadequate Based on Urban Decay, Alternatives, and Energy Analyses271

California Clean Energy Committee v. City of Woodland, ___Cal.App.4th___, Case No. C072033 (3rd Dist. Apr. 1, 2014).

Sixth District Court Holds Communications on Public Official’s Private Electronic Device

Not Subject to Public Records Act Disclosure273

City of San Jose v. Superior Court, ___Cal.App.4th___, Case No. H039498 (6th Dist. Mar. 27, 2014).

Superior Court:

Superior Court Denies Six Petitions for Writs of Mandate—Upholds Cadiz Valley Water Conservation, Recovery and Storage Project275

Center for Biological Diversity v. County of San Bernardino, Case No. 30-2013-00633936 and Related Cases (Orange Super. Ct. May 1, 2014).