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California Land Use Law & Policy Reporter

May 2013

Volume 22, Number 8 May 2013


U.S. Fish and Wildlife Service Announces Five-Year Plan to List Hundreds of New Endangered Species Under the Federal Endangered Species Act223


As Imperial County Wind Farm Project Presses Forward the District Court Rules on Cross Motions for Summary Judgment in Two Pending Cases225

California Supreme Court to Decide Whether Species Erroneously Listed as Endangered May Be Delisted227


U.S. Supreme Court:

U.S. Supreme Court Holds Stormwater Runoff from Logging Roads Does Not Require Clean Water Act NPDES Permits229

Decker v. Northwest Environmental Defense Center, ___U.S.___, Case No. 11-338 (Mar. 20, 2013).

Circuit Court of Appeals:

Ninth Circuit Finds Insurance Company Cannot Bring a Subrogation Claim for CERCLA Recovery231

Chubb Custom Insurance Company v. Space Systems/Loral, Inc., ___F.3d___, Case No. 11-16272 (9th Cir. Mar. 15, 2013).

With the Ninth Circuit’s Decision, Debate over Forest Roads and Bull Trout in Obscure Corner of Nevada Has Broader Implications for Environmental and Land Use Disputes232

Great Old Broads for Wilderness v. U.S. v. Kimbell, 709 F.3d 836 (9th Cir. 2013).

D.C. Circuit Upholds U.S. Fish and Wildlife’s Listing of the Polar Bear as ‘Threatened’234

In re Polar Bear Endangered Species Act Listing and Section 4(d) Rule Litigation, ___F.3d___, Case No. 11-5219 (D.C. Cir Mar. 1, 2013).


District Court of Appeal:

Fourth District Rules Wireless Provider Is a Telephone Corporation—PUC Improperly Determined Its Project Approval Preempted the City Ordinance237

City of Huntington Beach v. California Public Utilities Commission, 214 Cal.App.4th 566 (4th Dist. 2013).

Fifth District Affirms Injunction against Kern County Biosolids Ban239

City of Los Angeles v. County of Kern, ___Cal.App.4th___, Case No. F063381 (5th Dist. Mar. 12, 2013).

Second District Concludes City May Construct Sewer Line in Unincorporated County Territory without County Permission240

County of Los Angeles v. City of Los Angeles, 214 Cal.App.4th 643 (2nd Dist. 2013).

Second District Upholds Los Angeles Zoning Ordinance in the Face of CEQA Challenge242

L.A. Neighbors United v. City of Los Angeles, Unpub., Case No. B238769 (2nd Dist. Mar. 18, 2013).

Superior Court:

Superior Court Rules that CEQA’s Fast-Track Provision for Environmental Leadership Projects Is Unconstitutional243

Conservation League v. State of California, Case No. RG12626904 (Alameda Super. Ct. Mar 29, 2013).