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California Land Use Law & Policy Reporter

January 2014

Volume 23, Number 4 January 2014


‘I Don’t Need a Bag, Thanks’—An Examination of the Blight of Plastic Bag Use by Meghan Marshall, Esq., Los Angeles95


U.S. District Court Approves Settlement Agreement Requiring Consultations For Pesticide Impacts On Red-Legged Frog101

California Supreme Court Grants Petition For Review of Case Involving a General Plan Consistency Finding By the City of Orange102

Landowners File State Court Suit Challenging County Ordinance Restricting Groundwater Use in the Paso Robles Basin104


California’s Division of Oil, Gas and Geothermal Resources Issues Draft Regulations for Well Stimulation under SB 4106

California Department of Fish and Wildlife Considers Draft Regulation for the Take of Rare Plants108


Circuit Court of Appeals:

On Remand from the U.S. Supreme Court, Federal Circuit Rules that Government-Induced Flooding Constitutes a Fifth Amendment Taking110

Arkansas Game and Fish Commission v. U.S., ___F.3d___, Case No. 9-5121 (Fed. Cir. Dec. 3, 2013).

Ninth Circuit Upholds Nevada Power’s Coal Waste Disposal Plan112

Moapa Band of Paiutes, et al. v. Bureau of Land Management, et al., Unpub., Case No. 11-17672 (9th Cir. Nov. 25, 2013).


District Court of Appeal:

Sixth District Court Finds that City Council, Not the Planning Commission, Must Certify an Environmental Impact Report under CEQA for Its General Plan Update115

California Clean Energy Committee v. City of San Jose, ___Cal.App.4th___, Case No. H038740 (6th Dist. Oct. 29, 2013).

Fourth District Court Finds State Funding Application Is Not a Project Approval under the California Environmental Quality Act116

City of Irvine v. County of Orange, ___Cal.App.4th___, Case No. G047895 (4th Dist. Oct. 28, 2013).

Fourth District Court Addresses the Complex Interplay Between Statutory and Administrative Land Use Law in California118

Community Youth Athletic Center v. City of National City, 220 Cal.App.4th 1385 (4th Dist. 2013).

First District Court Addresses Requirements to Overturn an Agency Approval of a Project under the California Environmental Quality Act120

Latinos Unidos de Napa v. City of Napa, 221 Cal.App.4th 192 (1st Dist. 2013).

Superior Court:

Superior Court Decides ‘Close Question’ Regarding Whether the California Global Warming Act’s Cap-and-Trade Auction Is a ‘Tax’ or a ‘Fee’122

California Chamber of Commerce, et al. v. California Air Resources Board, et al., Case No. 34-2012-80001313 (Sacramento Super. Ct. Nov. 12, 2013); Morning Star Packing Co., et al. v. California Air Resources Board, et al., Case No. 34-2013-80001464 (Sacramento Super. Ct. Nov. 12, 2013).