Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

California Land Use Law & Policy Reporter

June 2013

Volume 22, Number 9 June 2013


Three Fracking Ban Bills Advance in California State Legislature255


U.S. Fish and Wildlife Service Issues Eagle Conservation Guidance for Wind Energy Projects257

California’s Cap-and-Trade Program Challenged Once Again—This Time via State Court Action—Against the California Air Resources Board259


Circuit Court of Appeals:

Ninth Circuit Rules that Wood Preservatives from Utility Poles Do Not Violate the Clean Water Act and the Resource Conservationand Recovery


Ecological Rights Foundation v. Pacific Gas and Electric Company; Pacific Bell Telephone Company, ___F.3d___, Case No. 11-16042 (9th Cir. Apr. 3, 2013).

District Court:

District Court Strikes Down Gas and Oil Leases Issued by BLM for Failure to Comply with the National Environmental Policy Act262

Center for Biological Diversity v. Bureau of Land Management, ___F.Supp.2d___, Case No. C 11-06174 PSG (N.D. Cal. 2013).

District Court Dismisses Endangered Species Act Challenge to 382 Registered Pesticides265

Center for Biological Diversity v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 11-cv-00293-JCS (N.D. Cal. Apr. 22, 2013).

Logging the Forest to Save the Forest: District Court Weighs in on Remedy for Defective EIS for Sierra Nevada Forest Plan268

Sierra Forest Legacy v. Sherman, ___F.Supp.2d___, Case Nos. 2:05-CV-00205, 00211 (E.D. Cal. Apr. 15, 2013).


District Court of Appeal:

Third District Upholds Dismissal of CEQA Petition Filed More than 30 Days after the Agency Published a Notice of Determination270

Alliance for the Protection of the Auburn Community Environment et al. v. County of Placer, 215 Cal.App.4th 25 (3rd Dist. 2013).

Fourth District Upholds California Fish and Game Commission Regulations Creating Marine Protected and Managed Areas271

Coastside Fishing Club v. California Fish and Game Commission, ___Cal.App.4th___, Case No. D061121 (4th Dist. Apr.15, 2013).

First District Upholds City’s Use of CEQA Exemption for Project Consistent with a Specific Plan273

Concerned Dublin Citizens v. City of Dublin, ___Cal.App.4th___, Case No. A135790 (1st Dist. 2013).

Second District Upholds City’s Ban on Medical Marijuana Dispensaries275

Conejo Wellness Center, Inc. v. City of Agoura Hills, ___Cal.App.4th___, Case No. B237718 (2nd Dist. Mar. 29, 2013).

First District Rules Despite CEQA Violations of Agency May Proceed with Some of the Project while Preparing after-the-Fact EIR277

Golden Gate Land Holdings, LLC v. East Bay Regional Park District, ___Cal.App.4th___, Case No A135593 (1st Dist. Apr. 12, 2013).