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California Land Use Law & Policy Reporter

February 2014

Volume 23, Number 5 February 2014


Governor Brown Declares State of Emergency—Drought Declaration Can Provide Tools, Funds for Dealing with Dry Conditions—But Not Rain127

New Orleans Authorities at Odds over Lawsuit Seeking Billions in Damages from Industry for Wetlands Losses129


U.S. Fish and Wildlife Service Publishes Final Rule Governing ‘Take Permits’ under Bald and Golden Eagle Protection Act131

California Prepares for Climate Change with an Update to Its Climate Adaptation Strategy132

Bay Delta Conservation Plan Draft Released along with Draft Environmental Impact Report/Statement for Public Review133


A Recap of California Environmental Quality Act Cases Pending before the California Supreme Court in 2014136


Circuit Court of Appeals:

Ninth Circuit Upholds Army Corps of Engineers’ Environmental Analysis and Issuance of Wetlands Permit for Mining Project139

Jones v. National Marine Fisheries Service, ___ F.3d ___, Case No. 11-35954 (9th Cir. Dec. 20, 2013).

Ninth Circuit Determines Local Measure Requiring Voter Approval for Certain Land Use Decisions Not Preempted by the Telecommunications Act of 1996141

Omnipoint Communications, Inc. v. City of Huntington Beach, ___F.3d___, Case Nos. 10-56877, 10-56944 (9th Cir. Dec. 11, 2013).

District Court:

District Court Finds No Arbitrary or Capricious Actions by the California Department of Transportation or the Army Corps in Highway Bypass Project143

Center for Biological Diversity v. California Department of Transportation, ___F.Supp.2d___, Cal. No. 12-CV-02172 (N.D. Cal. Dec. 19, 2013).

Court of Federal Claims:

Federal Claims Court Holds that the U.S. Army Corps’ Failure to Adjust Wetlands Credit Composition Exposes It to Contractual Liability and Presumed Monetary Damages145

Davis Wetlands Bank, LLC. v. U.S., ___F.Supp.2d___, Case No. 13-268 C (Fed. Ct. Cl. Dec. 16, 2013).


District Court of Appeal:

Third District Court Addresses Timber Harvest Dispute between Pacific Lumber Successor and State of California over Headwaters Agreement148

Avidity Partners, LLC v. State of California, 221 Cal.App.4th 1180 (3rd Dist. 2013).

First District Court Holds Expert Request for Additional Study Insufficient to Trigger EIR for Urban Infill Project149

Parker Shattuck Neighbors, et al. v. Berkeley City Council, et al. (1st Dist. Dec. 30, 2013).

Superior Court:

Los Angeles Superior Court Strikes Down Hollywood Community Plan Update and Associated Environmental Impact Report151

Fix the City, et al. v. City of Los Angeles, et al., Case No. BS138580 (Los Angeles Super. Ct. Dec. 10, 2013) and related cases.

Sacramento Superior Court Denies High Speed Rail Authority’s Request to Sell Bonds Due to Lack of Evidence to Support the Claim that Bond Issuance Was Necessary and Desirable152

High Speed Rail Authority v. All Persons Interested in the Matter of the Validity of the Authorization and Issuance of General Obligation Bonds, Case No. 34-2013-00140689-CU-MC-GDS (Sacramento Super. Ct. Nov. 25, 2013).