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California Land Use Law & Policy Reporter

July/August 2012

Volume 21, Number 10 July/August 2012


U.S. General Services Administration Releases Review of Green Building Certifications261

California OPR Proposes Streamlined CEQA Review that Will Benefit Infill Development Projects under SB 226263


Two Recent District Court Lawsuits Filed Seeking to Halt Construction of Wind Farm on Public Land265


Circuit Court of Appeals:

Ninth Circuit Finds the United States Can Extinguish the Public Trust through Condemnation of Tide and Submerged Lands267

U.S. v. 32.42 Acres of Land, ___F.3d___, Case No. 10-56568 (9th Cir. June 14, 2012).


California Supreme Court:

California Supreme Court Clarifies Exhaustion Requirements for Cases Challenging CEQA Exemption269

Tomlinson v. County of Alameda, ___Cal.4th___, Case No. S188161 (Cal. June 14, 2012).

District Court of Appeal:

Third District Defines ‘Best Efforts’ in Water Diversion Dispute270

California Pines Property Owners v. Pedotti, ___Cal.App.4th___, Case No. C066315 (3rd Dist. May 24, 2012).

Sixth District Finds Trial Court Erred in Excluding Evidence Related to Severance Damages in Eminent Domain Case272

City of Livermore v. Baca, ___Cal.App.4th___, Case No. H034835 (6th Dist. May 16, 2012).

First District Holds the Coastal Commission Exceeded Its Jurisdiction by Approving Amendments to a Certified Local Coastal Program over the City’s Objections274

City of Malibu v. California Coastal Commission, ___Cal.App.4th___, Case No. B234353 (2nd Dist. May 10, 2012).

Second District Finds a Commercial Lease Cannot

Be Construed as Allowing Unlimited Lease Exten-


Ginsberg v. Gamson, ___Cal.App.4th___, Case No. B222284 (2nd Dist. April 30, 2012).

First District Finds Attorney’s Status as a Party to the Action Did Not Preclude Award of Fees under the Private Attorney General Doctrine277

Healdsburg Citizens for Sustainable Solutions v. City of Healdsburg, ___Cal.App.4th___, Case No. A130374 (1st Dist. June 4, 2012).

Fifth District Holds Developer’s Map Act Challenge Is Time Barred even when It Involves Constitutional Access to a Public Waterway280

Sumner Homeowners’ Association, Inc. v. Rio Mesa Holdings, LLC, 205 Cal.App.4th 999 (5th Dist. 2012).

Second District Affirms Dismissal of Complaint Challenging the Adequacy of CEQA Review Based on Expiration of 180-Day Limitations Period282

Van De Kamps Coalition v. Board of Trustees of Los Angeles Community College et al., ___Cal.App.4th___, Case No. B234955 (2nd Dist. May 8, 2012).