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California Land Use Law & Policy Reporter

February 2013

Volume 22, Number 5 February 2013


EPA Provides Progress Report for Ongoing Study of Hydraulic Fracturing’s Impacts on Drinking Water131

California Releases Draft Hydraulic Fracture Mining Regulations133

A New Year Brings Big Legislative Changes for the Newly-Renamed Department of Fish and Wildlife134

Long Running Disputes over the Klamath River Lead to Intra-Agency Dispute within the U.S. Bureau of Reclamation with the Filing of a Compliant by Seven Scientists136


U.S. Supreme Court:

U.S. Supreme Court Holds Temporary or Recurrent Flooding Is Not Categorically Exempt from Constitutional Takings Clause Liability138

Arkansas Game and Fish Commission v. U.S., Case No. 11-597, 568 U.S. ___ (U.S. 2012).


Supreme Court:

California Supreme Court Upholds Picketing at Store Entrance under State Statute, but Not under State Constitution140

Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8, ___Cal.4th___, Case No. S185544 (Cal. Dec. 27, 2012).

District Court of Appeal:

Fourth District Upholds CEQA Environmental Impact Report Holding That the City Did Not Improperly ‘Piecemeal’ the Project142

Banning Ranch Conservancy v. City of Newport Beach, ___Cal.App.4th___, Case No. G045622 (4th Dist. Dec. 12, 2012).

Second District Finds CEQA Is Inapplicable to District’s Declaration of a ‘Water Emergency’ in an Adjudicated Ground Basin—and That a ‘Physical Solution” Trumps CEQA144

Central Basin Municipal Water District v. Water Replenishment District of Southern California, 211 Cal.App.4th 943 (2nd Dist. 2012).

Third District Finds Showing that a Species Was Erroneously Listed as Endangered Is No Reason to Delist It145

Central Coast Forest Association v. California Fish and Game Commission, ___Cal.App.4th___, CO60569 (3rd Dist. Dec. 14, 2012).

Second District Holds Proof of Goodwill in Eminent Domain Action Is Required Before a Business Is Entitled to a Determination of Its Amount146

People ex rel. Department of Transportation v. Dry Canyon Enterprises, LLC, ___Cal.App.4th___, Case No. B234918 (2nd Dist. Nov. 28, 2012).

Third District Upholds Tehama County Environmental Impact Report for Project Water Supply148

Sierra Club v. County of Tehama, Case No. C066996, Unpub. Op. (3rd Dist. 2012).

Second District Invalidates Settlement Agreement Allowing for Digital Conversion of Billboards150

Summit Media LLC v. City of Los Angeles, 211 Cal.App.4th 912, (2nd Dist. 2012).

Third District Upholds Conservation Easement Deed Held by the California Department of Fish and


Wooster v. California Department of Fish and Game, ___Cal.App.4th___, Case No. C068816 (3rd Dist. Nov. 26, 2012).

Superior Court:

Fresno Superior Court Denies Farm Bureau Challenge to County’s Cancellation of Williamson Act Con-

tract in Favor of Solar Energy Projecy153

California Farm Bureau Federation v. County of Fresno, Case No. 11 CE CG 03780, Dec. 13, 2012 (Fresno Super. Ct.).

•California Attorney General Opines on the Voting Limits of a County Water Authority Director