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California Land Use Law & Policy Reporter

June 2012

Volume 21, Number 9 June 2012


The Third District Court of Appeal Addresses Trial Court Non-Prejudicial Error, the Deliberative Process Privilege, Res Judicata and Various Aspects of CEQA Analysis by Holly Wagenet, John Wheat and Laura Harris, Remy Moose Manley, LLP, Sacramento, California229


State Water Board Dismisses Challenges to Renewal of Irrigated Lands Discharge Waiver and EIR for Related Regulatory Program233


New Lawsuit Seeks to Reverse Bureau of Reclamation’s Final Decision to Recirculate Flood Waters for the Benefit of Westside Farmers235


District Court of Appeal:

Fourth District Upholds Lead Agency’s Decision Not to Prepare Subsequent CEQA Analysis for a Project Initially Evaluated in a Negative Declara-


Abatti v. Imperial Irrigation District, ___Cal.App.4th___, Case No. D058329 (4th Dist. Apr. 26, 2012).

Fifth District Denies CEQA Challenge, Paves Way for Tejon Ranch Development239

Center for Biological Diversity, et al. v. Kern County, unpub., Case No. F061908 (5th Dist. Apr. 25, 2012).

Fifth District Rules on Materials that Must Be Included in the Administrative Record under CEQA241

Consolidated Irrigation District v. Superior Court of Fresno County, ___Cal.App.4th___, Case No. F063534 (5th Dist. Apr. 26, 2012).

Third District Reverses Judgment on Demurrer Disposing of a CEQA Lawsuit Involving Casino243

Jamulians Against the Casino v. Randell Iwasaki, ___Cal.App.4th___, Case No. 67138 (3rd Dist Mar. 29, 2012).

Second District Upholds Use of Future Projected Conditions as Baseline for Environmental Analysis of a Light Rail Project246

Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, ___Cal.App.4th___, Case No. B232655 (2nd Dist. Apr. 17, 2012).

First District Upholds Tolling Agreement Extending CEQA’s Statute of Limitations248

Salmon Protection and Watershed Network v. County of Marin, ___Cal.App.4th___, Case No. A133109 (1st Dist. 2012).

First District Upholds County Ordinance Permitting Sequential Lot Line Adjustments249

Sierra Club v. Napa County Board of Supervisors, ___Cal.App.4th___, Case No. A130980 (1st Dist. Apr. 20, 2012).