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California Land Use Law & Policy Reporter

October 2013

Volume 23, Number 1 October 2013


Economic Impacts of Designating Critical Habitat for Endangered Species Get Earlier Review under New Rule3

California Office of Administrative Law Approves Regulations for Consistency with Regulatory Policies in the Delta Plan4


Circuit Court of Appeals:

D.C. Circuit Compels Nuclear Regulatory Commission to Resume Yucca Mountain Nuclear Waste Storage Licensing Proceedings7

In re Aiken County, ___F.3d___, Case No. 11-1271 (D.C. Cir. Aug. 13, 2013).

Ninth Circuit Finds BLM Did Not Comply with National Historic Preservation Act in Developing Resource Management Plan for National Monu-


Montana Wilderness Association v. Connell, ___F.3d___ Case No. 11-35818 (9th Cir. 2013).


Supreme Court:

California Supreme Court Addresses Proper Baseline Standard under CEQA for L.A.’s Light Rail Line Expansion Project11

Neighbors for Smart Rail v. Exposition Metro Rail Line Construction Authority, ___Cal.4th___, Case No. S202828 (Cal. Aug. 5, 2013).

District Court of Appeal:

Sixth District Concludes CEQA Appeal Is Moot where Regional Desalination Project Is Unlikely to Proceed13

Ag Land Trust v. Marina Coast Water District, Unpub., Case No. H038550 (6th Dist. Aug. 26, 2013).

First District Holds Approval of CEQA Significance Thresholds Is Not a Project under CEQA15

California Building Industry Association v. Bay Area Air Quality Management District, ___Cal.App.4th___, Case Nos. A135335 & A136212 (1st Dist. Aug. 13, 2013).

Fourth District Upholds City of Oceanside’s Denial of Mobilehome Park Conversion Application16

Dunex, Inc. v. City of Oceanside, ___Cal.App.4th___, Case No. D061579 (4th Dist. Aug. 13, 2013).

Third District Provides New Take on Evaluating Climate Change Impacts under CEQA18

Friends of Oroville v. City of Oroville, 218 Cal.App.4th 1352 (3rd Dist. 2013).

Fifth District Finds Award of Attorney’s Fees

under Housing Accountability Act Proper only when Prevailing in Approval of Low Income/Affordable Housing20

Honchariw v. County of Stanislaus, 218 Cal.App.4th 1019 (5th Dist. 2013).

Fourth District Upholds EIR Prepared for Boutique Winery Ordinance, but Holds Certain Transcript Costs Not Recoverable as Costs21

San Diego Citizenry Group v. County of San Diego, ___Cal.App.4th___ Case No. D059962 (4th Dist. July 30, 2013).

Another Local Ordinance Restricting Single-Use Plastic Bags Survives Appellate Review—This Time in Marin County by the First District Court24

Save the Plastic Bag Coalition v. County of Marin, 218 Cal.App.4th 209 (1st Dist. 2013)