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

California Land Use Law & Policy Reporter

December 2013

Volume 23, Number 3 December 2013


What Was Old Is New Again: California’s Assembly Bill 440 Breathes New Life into the State’s Most Effective Brownfield Redevelopment Tool by Robert Doty, Esq., Cox, Castle 63


Argent Communications Group Announces January 2014 MCLE California Land Use Conference: ‘Staying Ahead of the Curve’69


Memorandum of Understanding between Imperial County Entities Sets a Course For Stabilization and Restoration of the Salton Sea71


Circuit Court of Appeals:

Ninth Circuit Holds that Environmental Organizations Lack Standing

to Compel State Agencies’ Regulation of GHG Emissions from Oil Refiner-


Washington Environmental Council v. Bellon, ___F.3d___, Case No. 12-35323 (9th Cir. Oct. 17, 2013).

District Court:

District Court Finds Landowners Were Not Deprived of Constitutionally Protected Property Interest when City Council Denied a Development Permit75

Contasti v. City of Solana Beach, ___F.Supp.2d___, Case No. 09CV1371 (S.D. Cal. Oct. 22, 2013).


Supreme Court:

California Supreme Court Denies Review of Decision Upholding Marin County’s Plastic Bag Ban77

Save the Plastic Bag Coalition v. County of Marin, ___Cal.4th___, Case No. S212844 (Cal. Oct. 2, 2013).

California Supreme Court Holds that Affordable Housing Requirement Constituted an Exaction Subject to the Mitigation Fee Act78

Sterling Park, L.P. v. City of Palo Alto, ___Cal.4th___, Case No. S204771 (Cal. Oct. 17, 2013).

District Court of Appeal:

Fourth District Court Holds Councilmembers Do Not Have a Conflict of Interest that Would Preclude Participation in Contract Awards80

All Towing Services, LLC v. City of Orange, ___Cal.App.4th___, Case No. G047336 (4th Dist. Oct. 22, 2013).

Third District Court Rejects Challenge to EIR for Commercial Retail Project82

South County Citizens for Smart Growth v. County of Nevada, ___Cal.App.4th___, Case No. C067764 (3rd Dist. Nov. 6, 2013).

Second District Addresses ‘Unfunded Mandates’—Finds Clean Water Act Stormwater Discharge Permit Bypassed Subvention Requirement84

State Department of Finance v. Commission on State Mandates, ___Cal.App.4th___, Case No. B237153 (2nd Dist. Oct. 16, 2013).

Superior Court:

San Mateo Superior Court Addresses Public Coastal Access and the California Constitution—Rules in Favor of Private Land Owner85

Friends of Martin Beach v. Martins Beach 1, LLC, Case No. CIV517634 (San Mateo Super. Ct. Oct. 2013).


2013 Year-End Land Use Legislation Report87