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California Land Use Law & Policy Reporter

September 2012

Volume 21, Number 11 September 2012


A Matter of Discretion? The Court of Appeal Construes the Map Act’s Lot Line Adjustment Exclusion to Authorize a Ministerial Local Agency Approval Process and to Allow Sequential Adjustments of Lots by Arthur F. Coon and Matthew C. Henderson, Miller Starr Regalia, Walnut Creek, CA293


National Flood Insurance Program Finally Reauthorized299

California High-Speed Rail Funding Approved by New Statute—Environmental Review Continues300


California Office of Planning and Research Completes Draft of CEQA Guidelines Pertaining to Infill Development302


Circuit Court of Appeals:

Ninth Circuit Upholds U.S. Forest Service’s Environmental Impact Statement for Forest Management Research Project304

League of Wilderness Defenders-Blue Mountains Biodiversity Project v. U.S. Forest Service, ___ F.3d ___ , Case No. 11-35451, (9th Cir. July 30, 2012).

Ninth Circuit Upholds Army Corps’ Decision that Nationwide Permits Apply to Hydroelectric Power Plant305

Snoqualmie Valley Preservation Alliance v. U.S. Army Corps of Engineers, ___ F.3d ___, Case No. 11-35459, (9th Cir. June 26, 2012).


District Court of Appeal:

First District Finds EIR for College Expansion, which Addressed Public Services as Fully Mitigated or Insignificant, Survives CEQA Scrutiny308

City of Hayward v. Board of Trustees of the California State University, ___Cal.App.4th___, Case Nos 131413, 132423 (1st Dist. June 28, 2012).

Second District Clarifies Test for Awarding Attorney’s Fees to Public Entity under CCP § 1021.5, Holding Nonpecuniary Interests Irrelevant310

City of Maywood v. Los Angeles Unified School District, ___Cal.App.4th___, Case No. B233739 (2nd Dist. July 18, 2012).

Sixth District Allows Agency to Consider Results of Resident Survey in Denying Mobilehome Conversion Applications under Government Code 66427.5312

Goldstone v. County of Santa Cruz, ___Cal.App.4th___, Case No. H036273 (6th Dist. July 17, 2012).

No Harm, No Foul—The Fourth District Illustrates How Not to Challenge Planning and Zoning Law Determinations in California314

Rialto Citizens for Responsible Growth v. City of Rialto,___Cal.App.4th___, Case No. E052253 (4th Dist. July 31, 2012).

Second District Upholds Air District’s Rule Limiting VOCs in Paint Thinners and Solvents—Rejects Claim that CEQA Required District to Analyze Alterna-


W.M. Barr & Company Inc. v. South Coast Air Quality Management District, ___Ca.App.4th___, Case No. B233892 (2nd Dist. June 28, 2012).