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California Land Use Law & Policy Reporter

April 2012

Volume 21, Number 7 April 2012


U.S. Army Corps of Engineers Issues New Nationwide Permit Regula-


U.S. Army Corps of Engineers Faces Multiple Challenges over Levee Vegetation Removal Policy196


U.S. Supreme Court:

U.S. Supreme Court Rejects Montana’s Claim to Rents Associated with Hydroelectric Dam on Non-Navigable Riverbeds198

PPL Montana, LLC v. State of Montana, __U.S.___, Case No. 10-218 (Feb. 22, 2012).

U.S. Supreme Court Decides a Clean Water Act Compliance Order Can Be Challenged in Court Prior to an EPA Enforcement Action200

Sackett v. U.S. Environmental Protection Agency, 566 U.S. __, Case No. 10-1062 (Mar. 21, 2012).

Circuit Court of Appeals:

Ninth Circuit Upholds Oregon’s State Measure 49 against Takings Chal-


Bowers v. Whitman, ___F.3d___, Case Nos. 10-35966, 10-36029 (9th Cir. Jan. 12, 2012).

Ninth Circuit Reverses in Part District Court Decision Upholding Environmental Review of U.S. Forest Service Management Plan for National Forests in the Sierra Nevada204

Pacific Rivers Council v. U.S. Forest Service, et al., ___F.3d___, Case No. 08-17565 (9th Cir. Feb. 2, 2012).

Ninth Circuit Holds Municipally Zoned Senior Housing Permissible under the ‘Senior Exemption’ to the Fair Housing Amendments and Housing for Older Persons Acts207

Putnam Family Partnership, et al., v. City of Yucaipa, ___F.3d___, Case No. 10-55563 (9th Cir. Feb. 17, 2012).

Ninth Circuit Finds NEPA Environmental Assessment Properly Evaluated Environmental Impacts Related to Threats of Terrorism210

Tri-Valley CAREs v. U.S. Department of Energy, ___ F.3d ___, Case No. 10-17636 (9th Cir. Feb. 7, 2012).


District Court of Appeal:

Second District Finds Neighbor’s Challenge to a Wind Project EIR under CEQA Falls Short212

Bedford v. Santa Barbara County, ___Cal.App.4th___, Case No. B228958 (2nd Dist. Feb. 2, 2012).

First District Strikes Down Application of CEQA Categorical Exemption to Construction of Single-Family Residence after Applying Unusual Circumstances Exception214

Berkeley Hillside Preservation et al., v. City of Berkeley et al., ___Cal.App.4th___, Case No. A131254 (1st Dist. Feb 15, 2012).

Second District Holds City’s Voluntary Compliance with a Writ of Mandate Rendered Its Appeal of the Trial Court’s Judgment Moot216

Building a Better Redondo v. City of Redondo Beach, ___Cal.App.4th___, Case No. 124769 (2nd Dist. Feb. 22, 2012).

Third District Affirms 90-Day Limitation Period for Challenges to Planning and Zoning Decisions Not Extended by General Rules Governing Mandamus Proceedings218

Okasaki v. City of Elk Grove, ___Cal.App.4th___, Case No. C066203 (3rd Dist. Feb. 24, 2012).