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California Land Use Law & Policy Reporter

March 2012

Volume 21, Number 6 March 2012


A Public Agency’s EIR Need Not Consider All Possible Uses for Property Sold under the Surplus Lands Act—An Agency May Reject Environmentally Superior Alternatives It Finds Economically Infeasible by Chris Stiles, Esq and Laura Harris, Esq., Remy Moose Manley, LLP, Sacramento163


California Fish and Game Commission Lists Two Species of Mountain Yellow-Legged Frogs under the California Endangered Species Act168

Local Land Use Authorities Express Concern that the Delta Stewardship Council Is Overstepping Its Authority169


U.S. Fish and Wildlife Service Sued over ESA ‘Distinct Population Segment’ Listing of Marbled Murrelet171

California Attorney General Joins in Lawsuit Regarding Climate Issues Brought against the San Diego Association of Governments172


Circuit Court of Appeals:

Federal Circuit Holds Applicant’s Interest in Obtaining a Mitigation Banking Instrument Does Not Constitute a Taking under the Fifth Amendment174

Hearts Bluff Game Ranch, Inc. v. U.S., ___F.3d___, Case Nos. 2010-5164 (Fed. Cir. 2012 Jan. 19, 2012).

District Court:

District Court Dismisses Complaint Challenging South Lake Tahoe’s General Plan for Lack of Subject Matter Jurisdiction176

League to Save Lake Tahoe v. City of South Lake Tahoe, ___F.Supp.2d___, Case No. 2:11–cv–01648–GEB–GGH (E.D. Cal. Jan. 19, 2012).

District Court Holds EPA’S CERCLA Administrative Claims Triggered Insurer’s Duty to Defend and Indemnify178

United States Fire Insurance Company v. Estate of James Campbell, ___F.Supp.2d___, Case No. 11-00006 LEK-KSC (D. Hi. Dec. 30, 2011).

Claims Court:

Claims Court Strikes Down Takings Claim for Corps’ Denial of CWA Section 404 Fill Permit because Applicants Failed to Address Alternative Sites180

Mehaffy v. U.S., Case No. 09-860L (Fed. Cl. Jan. 10, 2012).


District Court of Appeal:

Third District Rejects Negative Declaration for Oak Woodland Fee Program Despite County’s Attempt to Tier From a Prior Program EIR182

Center for Sierra Nevada Conservation, et al., v. County of El Dorado, ___Cal.App.4th___, Case No. C064875 (3rd Dist. Jan. 20, 2012).

Second District Holds Denial of Zone Change Application Constitutes a Decision Triggering 90-Day Statute of Limitations184

General Development Co., L.P. v. City of Santa Maria, ___Cal.App.4th___Case No. B228631 (2nd Dist. Jan. 25, 2012).

Second District Rejects Challenge against State Agency Seeking to Ban Off-Highway Vehicle Use within a Local Coastal Plan Area186

Sierra Club v. California Department of Parks and Recreation, ___Cal.App.4th___, Case No. B230095 (2nd Dist. Jan. 9, 2012).