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California Land Use Law & Policy Reporter

August/September 2013

Volume 22, Number 11 August/September 2013


D.C. Circuit Upholds EPA’s Assumption of Permitting Authority in States That Have Not Yet Begun Regulating Greenhouse Gases by Liz Rumsey, Esq. and Duke McCall, III, Esq., Bingham McCutchen, LLP319


U.S. Supreme Court Places Significant Limitations on the Imposition of Monetary Exactions as a Condition of Issuing Land Use Permits323

Koontz v. St. Johns River Water Management District, 570 U.S. ___, 133 S.Ct. 2586 (June 25, 2013).


District Court of Appeal:

Fifth District Addresses Whether Agency-Applicant Communications Prior to EIR Certification Are Subject to Common Interest Doctrine Pursuant to CEQA326

Citizens for Ceres v. Superior Court, ___Cal.App.4th___, Case No. F065690 (5th Dist. July 8, 2013).

Fourth District Holds that a City Could Not Simply Cry ‘Nuisance Abatement’ and Exempt Its Actions from the California Coastal Act328

City of Dana Point v. California Coastal Commission, 217 Cal.App.4th 170 (4th Dist. 2013).

First District Strikes Portion of Napa County Ordinance for Conflict with State Density Bonus Law330

Latinos Unidos del Valle de Napa y Solano v. County of Napa, ___Cal.App.4th___, Case No. A135094 (1st Dist. July 11, 2013).

Sixth District Finds 30-Day Statute of Limitations Most Appropriate to CEQA Lawsuit Challenging Residential Project that is Exempt from CEQA331

May v. City of Milpitas, ___Cal.App.4th___, Case No. H038338 (6th Dist. July 16, 2013)

First District Addresses What Constitutes an ‘Approval’ in the Timing of an EIR under CEQA—Finds Loan Approval and Board Member Support Does


Neighbors for Fair Planning v. City and County of San Francisco, ___Cal.App.4th___, Case No. A135745 (1st Dist. 2013).

Fourth District Finds City Properly Made General Plan Consistency Findings for Residential Development Project335

Orange Citizens for Parks and Recreation v. Superior Court, ___Cal.App.4th___, Case No. G047013 (4th Dist. July 10, 2013).

Fifth District Finds California Air Resources Board’s Approval of Low Carbon Fuel Standards Regulations Violates CEQA337

POET, LLC v. California Air Resources Board, ___Cal.App.4th___, Case No. F064045 (5th Dist. July, 15, 2013).

Sixth District Rejects CEQA and Williamson Act Challenges in Favor of Solar Development


Save Panoche Valley v. San Benito County, ___Cal.App.4th___, Case No. H037599 (6th Dist. Jun. 25, 2013).

Superior Court:

California Superior Court Upholds Colorado River Quantification Settlement Agreement Program and Transfer Project340

QSA Coordinated Civil Cases, Case No. JCCP 4353 (Sac. Super. Ct. 2013).