FEATURE ARTICLE
California State and Regional Water Boards Expand Their Land Use Entitlement Authority under the State and Federal Clean Water Acts by Michele A. Staples, Craig K. Beam and Jonathan E. Shardlow, Jackson DeMarco Tidus Peckenpaugh, California131
REGULATORY DEVELOPMENTS
California Department of Water Resources Releases Draft Central Valley Flood Protection Plan137
CPUC Orders Rehearing of Decision Specifying CEQA Review Requirements for Telecommunications Projects139
LAWSUITS FILED OR PENDING
Center for Biological Diversity and Sierra Club Challenge Bureau of Land Management Lease for Oil and Gas Development141
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Denies Church’s Claim that San Diego County Enforced a Land Use Regulation in Violation of Constitutional and Statutory Rights143
Guatay Christian Fellowship v. County of San Diego, ___F.3d___, Case No. 09-56541 (9th Cir. Dec. 23, 2011).
RECENT CALIFORNIA DECISIONS
Supreme Court:
Supreme Court Requires Dissolution of State Redevelopment Agencies . .145
California Redevelopment Association v. Matosantos, ___Cal.4th___, Case No. S194861 (Cal. Dec. 29, 2011).
Supreme Court Holds Property Owner Did Not Waive Right to Takings Claim by Failing to Object to Partial Withdrawal of ‘Quick Take’ Deposit147
Los Angeles County Metropolitan Transportation Authority v. Financial Freedom Senior Funding Corp., ___Cal.4th___, Case No S188128 (Cal. 2011).
District Court of Appeal:
First District Holds Subdivision Map Act’s 90-Day Statute of Limitations Period Applies to Ordinance Amending City’s Below-Market Rate Program149
Aiuto v. City and County of San Francisco, ___Cal.App.4th___, Case No. A131279 (1st Dist. Dec. 15, 2011).
Fourth District Awards $1.3 Million for a Compensable Regulatory Taking where City’s Downzoning of Property Found to Be Spot Zoning150
Avenida San Juan Partnership v. City of San Clemente, ___Cal.App.4th___, Case No. G043479 (4th Dist. Dec. 14, 2011).
Fourth District Rejects Supreme Court Dicta—Rules University Had an Obligation to Consider Alternative Funding for Its Mitigation Costs152
City of San Diego v. Board of Trustees of the California State University, ___Cal.App.4th___, Case No. D057446 (4th Dist. Dec. 13, 2011).
Second District Rejects Property Owner’s Inverse Condemnation Challenge Based on City’s Precondemnation Actions155
Joffe v. City of Huntington Park, ___Cal.App.4th___, Case No. B222880 (2nd Dist. 2011).
Third District Declines to Exercise Original Jurisdiction over CEQA Claims—Distinguishes between Necessary and Indispensable Party in Colorado River QSA Litigation157
Quantification Settlement Agreement Cases, 201 Cal.App.4th 758 (3rd Dist. 2011).
