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California Land Use Law & Policy Reporter

January 2013

Volume 22, Number 4 January 2013


National Academy of Sciences Offers Advice to the U.S. Army Corps on Aging Infrastructure99


EPA Passes Rule Exempting Stormwater Discharges from Logging Roads from Clean Water Act NPDES Permitting Requirements101

U.S. Department of the Interior Streamlines Regulations to Encourage Wind and Solar Development on Tribal Lands102

Yuba County Water Agency Sends Notice of Intent to Sue Federal Agencies over Reasonably Prudent Alternatives in BiOp for Two Yuba River



U.S. Supreme Court Hears Two Clean Water Act Cases107

Lawsuit Filed Against California Air Resources Board Challenges the Cap- and-Trade Program’s Auction Regulations109


Ninth Circuit Holds Ordinances Seeking to Preserve Stock of Manufactured Homes Do Not Result in Unconstitutional Taking111

Laurel Park Community, LLC, et al. v. City of Tumwater, ___F.3d___, Case No. 11-35466 (9th Cir. 2012).


Supreme Court:

California Supreme Court Gives ‘Expansive Interpretation’ to State Coastal Act Permit Requirement . .113

Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles, ___Cal.4th___, Case No. S187243 (Nov. 29, 2012).

District Court of Appeal:

Fourth District Addresses ‘Survey of Support,’ Finds City Improperly Denied an Application for a Mobilehome Park Conversion to Resident Ownership114

Chino MHC, LP v. City of Chino, ___Cal.App.4th___, Case No. E053467 (4th Dist. Oct. 31, 2012).

Fourth District Holds City May Adopt Revisions to a General Plan for Affordable Housing that Are Inconsistent with Other General Plan Elements if a Timeline to Correct the Inconsistencies Is Adopted116

Friends of Aviara v. City of Carlsbad, 210 Cal.App.4th 1103 (4th Dist. 2012).

Sixth District Addresses Several Aspects of an EIR, Including Water Supply and the Project Description for Proposed U.C. Santa Cruz Project117

Habitat and Watershed Caretakers v. City of Santa Cruz, ___Cal.App.4th___, Case No. H037545 (6th Dist. Nov. 27, 2012).

Third District Dismisses Planning and Zoning Law Claims Because the Suit Was Not Commenced within 90 Days after Project Approval119

Stockton Citizens for Sensible Planning v. City of Stockton, ___Cal.App.4th___, Case No. C067164 (3rd Dist. Nov. 13, 2012).

Not Exhausted Yet: First District Issues Ruling Following California Supreme Court’s Decision in Tomlinson v. County of Alameda120

Tomlinson v. County of Alameda, Case No. A125471, unp. dec. (1st Dist. Nov. 8, 2012).

Fifth District Holds CEQA Review Is Required where Lead Agency, without an Election, Chooses to Approve a Project Submitted to It by Initiative Petition122

Tuolumne Jobs & Small Business Alliance v. Superior Court, 210 Cal.App.4th 1006 (5th Dist. 2012).

Staking a Claim on Shaky Ground: Second District Finds Equitable Defenses to Government Enforcement Actions Unavailing in Most Cases124

West Washington Properties, LLC v. California Department of Transportation, 210 Cal.App.4th 1136 (2nd Dist. 2012).