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California Land Use Law & Policy Reporter

May 2012

Volume 21, Number 8 May 2012


U.S. Fish and Wildlife Service Issues Final Guidelines for Wind Energy



Fresno County Superior Court Addresses Farm Bureau’s Standing to

Challenge Williamson Act Contract Cancellation Related to Solar Energy Project229

Lawsuit Challenges Los Angeles County’s Decision to Approve the Landmark Village Project in the Newhall Ranch Development230


Circuit Court of Appeals:

Ninth Circuit Holds Costs Awarded Pursuant to Dismissal for Lack of Jurisdiction Are Based on the Totality of Circumstances232

Otay Land Company v. United Enterprises LTD, ___F.3d___, Case No. 10-55550 (9th Cir. Mar. 14, 2012).

Ninth Circuit Affirms District Court Implementation of Consent Decree Regarding Incidental Take of Loggerhead Turtles234

Turtle Island Restoration Network v. U.S. Department of Commerce, ___F.3d___, Case No. 11-15783 (9th Cir. Mar. 14, 2012).

District Court:

District Court Reverses EPA’s Attempt to Invalidate Army Corps Issued Dredge and Fill Clean Water Act Permit Related to Mountaintop Removal Mining Project236

Mingo Logan Coal Company Inc. v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 10-0541 (D. D.C. Mar 23, 2012).


District Court of Appeal:

First District Rejects Mobile Home Park Owner’s Constitutional Challenge to City’s Rent Control Ordinance238

Besaro Mobile Home Park, LLC v. City of Fremont, ___Cal.App.4th___, Case No. A130753 (1st Dist. Mar. 1, 2012).

Fourth District Overturns Injunction against Medical Marijuana Collective—State Law Trumps Citywide Ban240

City of Lake Forest v. Evergreen Holistic Collective, 203 Cal.App.4th 1413 (4th Dist. 2012).

Fifth District Finds Irrigation District Has Standing under CEQA to Challenge Environmental Review Document for Residential Development241

Consolidated Irrigation District v. City of Selma, 2004 Cal.App.4th 197 (5th Dist. modified Mar. 9, 2012).

Second District Upholds City’s Denial of Coastal Development Permit because Project Was Subject to Coastal Act and No Vested Right Existed244

Jamieson v. City Council of the City of Carpinteria, ___Cal.App.4th___, Case No. B232348, (2nd. Dist. 2012).

First District Holds EIR Certification by Local Enforcement Agency under the Waste Management Act Not Appealable to Board of Supervisors246

No Wetlands Landfill Expansion v. County of Marin, ___Cal.App.4th___, Case No. A131651 (1st Dist. Mar. 20, 2012).