REGULATORY DEVELOPMENTS
U.S. Fish and Wildlife Service Issues Final Guidelines for Wind Energy
Projects227
LAWSUITS FILED OR PENDING
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
RECENT FEDERAL DECISIONS
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).
RECENT CALIFORNIA DECISIONS
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).
LEGISLATIVE UPDATE249
