LAND USE NEWS
IPCC Report Casts Dire Predictions for the Future as a Result of Climate Change223
REGULATORY DEVELOPMENTS
U.S Army Corps of Engineers Revisits Levee Vegetation Removal
Policy225
LAWSUITS FILED OR PENDING
Defining a ‘New Project’ for Purposes of Subsequent CEQA Review Attracts California Supreme Court’s Attention—Grants Review of Friends of the College of San Mateo Gardens Decision227
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Holds U.S. Department of Agriculture Was Justified in Exempting Tongass Forest from Its ‘Roadless Rule’229
Organized Village of Kake v. U.S. Department of Agriculture, ___F.3d___, Case No. 11-35517 (9th Cir. Mar. 26, 2014).
District Court:
District Court Holds that Property Owners Cannot Recover for Diminution of Property Value or the ‘Stigma’ of Being Located Near a Contaminated
Site231
Mitchell McCormick, et al., v. Halliburton Company and Halliburton Energy Services, Inc., ___F.Supp.2d___, Case No. CIV-11-1272-M (W.D. Okl. Mar. 31, 2014).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Third District Court Upholds City’s Administrative Decision Regarding Business Owner’s Compliance with Sign Requirements233
Amerco Real Estate Company v. City of West Sacramento, ___Cal.App.4th___, Case No. C072403 (3rd Dist. Mar. 12, 2014).
Second District Court Holds that Permit Condition from Original Permit Cannot Be Challenged in Subsequent Permit Action234
Bowman v. California Coastal Commission, ___Cal.App.4th___, Case No. B243015 (2nd Dist. Mar. 18, 2014).
Second District Court Upholds California Department of Fish and Wildlife’s Approvals and Environmental Review for Newhall Ranch Specific Plan Project. .236
Center for Biological Diversity v. Department of Fish and Wildlife, ___Cal.App.4th___, Case No. B245131 (2nd Dist. Mar. 20, 2014).
When an ‘MMP’ is Not an ‘MMP’—Third District Court Holds that Rodeo Facility’s Manure Management Plan Was a ‘Normal Operation’ Entitled to CEQA Exemption238
Citizens for Environmental Responsibility v. State ex rel. 14th District Agricultural Association, ___Cal.App.4th___, No. C070836 (3rd Dist. Mar. 26, 2014).
Fourth District Upholds Variance for Setback Requirement For Seaside Home; Defers to Planning Commission’s Factual Findings240
Eskland v. City of Del Mar, ___Cal.App.4th___, Case No. D061370 (4th Dist. Mar. 14, 2014).
Third District Court Finds State’s Pre-Condemnation Activities for the Bay-Delta Conservation Plan Constitute a ‘Taking’242
Property Reserve, Inc. v. Superior Court, ___Cal.App.4th___, Case No. C067758 (3rd Dist. Mar. 13, 2014).
RECENT STATE DECISIONS
Supreme Court of Wyoming Reverses and Remands Decision Refusing to Require Disclosure of ‘Fracking’ Chemicals244
Powder River Basin Resource Council v. Wyoming Oil and Gas Conservation Commission, 320 P.3d 222 (Wy. Mar. 12, 2014).
LEGISLATIVE UPDATE246
