FEATURE ARTICLE
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
REGULATORY DEVELOPMENTS
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
LAWSUITS FILED OR PENDING
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
RECENT FEDERAL DECISIONS
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).
RECENT CALIFORNIA DECISIONS
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).
LEGISLATIVE UPDATE188
