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California Land Use Law & Policy Reporter

October 2012

Volume 22, Number 1 October 2012


California Energy Commission Releases White Paper on Legal Barriers to Water and Climate Change Adaptation in California3

Late Session CEQA Changes Shelved by California Legislature4

Governor Brown Signs into Law Legislation Creating a New ‘Right to


San Francisco to Vote on Potential Restoration of Hetch Hetchy Valley7


Economic Impacts of Designating Critical Habitat of Endangered Species Would Get Closer Review under Rule Proposed by FWS and NMFS9


California Supreme Court Update—The Court Takes Action on Four California Environmental Quality Act Cases11


Circuit Court of Appeals:

‘Save the Humpback Chub’ Not a Rallying Cry for the Ninth Circuit Since Bureau Actions Did Not Constitute ‘Agency Action’ under the ESA or ‘Major Federal Action’ under NEPA13

Grand Canyon Trust v. U.S. Bureau of Reclamation, ___F.3d___, Case No. 11-16326 (9th Cir. Aug. 13, 2012).

District Court:

The Aftermath of Deepwater Horizon Washes Up in California—District Court Addresses ESA Concerns over Agency Listing of Petroleum Dispers-ants15

Center for Biological Diversity v. U.S. EPA, ___F.Supp.2d___, Case No. C12-01920 (N.D. Cal. Sept. 4, 2012).


District Court of Appeal:

Second District Affirms Decision of Coastal Commission Requiring Coastal Land Owner to Allow Public Access to Beach17

Ackerberg v. California Coastal Commission, unpub. dec., Case No. B235351 (2nd Dist. Aug. 27, 2012).

Second District Upholds EIR’s Deferral of Mitigation on Land Not Legally Accessible—Requires Additional Analysis of Pedestrian Safety for School18

City of Maywood v. Los Angeles Unified School District, 208 Cal.App.4th 362 (2nd Dist. 2012).

First District Finds Storage Facility Owner Seeking to Expand Had No Vested Right where Local Plans Cast It as a Legal Nonconforming Use20

Ideal Boat and Camper Storage v. County of Alameda, 208 Cal.App.4th 301 (1st Dist. 2012).

Second District finds Southern California Edison May be Liable in Inverse Condemnation as a Privately Owned Electric Utility23

Pacific Bell Telephone Company v. Southern California Edison Company, ___Cal.App.4th___, Case No. B230470 (2nd Dist. Aug. 30, 2012).

First District Upholds Application of CEQA Categorical Exemption for Installation of Telecommunications Equipment25

Robinson v. City and County of San Francisco, ___Cal.App.4th___, Case No. A132385 (1st Dist. July 20, 2012).