LAND USE NEWS
Congress Precludes Army Corps of Engineers from Shifting the Regulation of Mining Tailings to the EPA159
REGULATORY DEVELOPMENTS
State Water Board Begins Compliance With Governor’s Declaration of Drought Emergency by Issuing Notices of Possible Curtailment of Water Right Diversions and Orders to Streamline Water Transfers and Exchanges161
State Agencies Release Five-Year California Water Action Plan163
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Holds Idaho City Cannot Take Property Outside City Limits for Power System Expansion—Distinguishes Eminent Domain from Easement Acquisition165
Alliance for Property Rights and Fiscal Responsibility v. City of Idaho Falls, ___F.3d___, Case No. 12-35800 (9th Cir. Dec. 31, 2013).
In a Decision Addressing ‘Indian Lands’ and Gaming Rights the Ninth Circuit Perhaps Creates More Questions than Answers167
Big Lagoon Rancheria v. California, ___F.3d___, Case Nos. 10-17803, 10-17878 (9th Cir. Jan. 21, 2014).
Ninth Circuit Denies En Banc Hearing Request and Upholds Denial of Preliminary Injunction Involving Permit for Oyster Farming at Point Reyes National Seashore169
Drakes Bay Oyster Company v. Jewell, ___F.3d___, Case No. 13-15227 (9th Cir. Sept. 3, 2013); (petition for hearing en banc denied and opinion amended Jan. 14, 2014).
Ninth Circuit Concludes Department of Interior’s Approval of Oil and Gas Leases Fails to Comply with NEPA171
Native Village of Point Hope, et al. v. Jewell, ___F.3d___, Case No. 12-35287 (9th Cir. Jan. 22, 2014).
District Court:
District Court Concludes that NEPA Analysis Is Not Required for Small, ‘Independent’ Portion of Larger Highway Project172
Black Warrior Riverkeeper, Inc. v. Alabama Department of Transportation, ___F.Supp.2d___, Case No. 2:11-CV-267-WKW (M.D. Ala. Jan. 17, 2014).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Second District Court Finds Los Angeles County’s Clean Water Act MS4 Permit Requirements Are ‘Federal Mandates’ Not Refundable by State175
California Department of Finance v. Commission on State Mandates, ___Cal.App.4th___, Case No. B237153 (2nd Dist. 2013).
Fourth District Court Concludes that Creation of a New Zone for Senior Residential Housing Is Permissible Spot Zoning177
Foothill Communities Coalition v. County of Orange, ___Cal.App.4th___, Case No. G047326 (4th Dist. Jan. 13, 2014).
Second District Court Confirms Coastal Commission’s Permitting Authority—Finds Commission Did Not Err in Finding in Violation of Coastal Act178
Hagopian v. State of California, ___Cal.App.4th___ Case No. B240688 (2nd Dist. Jan. 27, 2014).
First District Court Finds Aircraft Overflight Easement Condition Does Not Constitute a ‘Taking’ of Property without Payment of Just Compensation180
Powell v. County of Humboldt, ___Cal.App.4th___, Case No. A137238 (1st Dist. Jan. 16, 2014).
Fifth District Court Confirms that Challenges to Local Agency Formation Commission Approvals Are Subject to Reverse Validation Statute182
Protect Agricultural Land v. Stanislaus County Local Agency Formation Commission, ___Cal.App.4th___ (5th Dist. Jan. 28, 2014).
Second District Court Finds Landowner’s Suit for Water Service Fatal Due to Procedural Defects184
Tejon Real Estate, LLC v. City of Los Angeles, ___Cal.App.4th___, Case No. B247255 (2nd Dist. Jan 22, 2014).
