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California Land Use Law & Policy Reporter

July 2014

Volume 23, Number 10 July 2014


State Water Resources Control Board Issues Notice of Immediate Curtailment of Post-1914 Appropriative Rights for the Sacramento and San Joaquin River Watersheds287


Circuit Court of Appeals:

Ninth Circuit Upholds Bureau of Land Management’s Proposal Regarding Control of Wild Horses and Burros289

In Defense of Animals v. U.S. Department of the Interior, ___F.3d___, Case No. 12-17804 (9th Cir. May 12, 2014).

Ninth Circuit Upholds Preliminary Injunction for Logging Project, Finding U.S. Forest Service Failed to Comply with NEPA291

League of Wilderness Defenders v. Connaughton, ___F.3d___, Case No. 13-3565, (9th Cir. May 8, 2014).

District Court:

District Court Holds that the Navy Does Not Need to Conduct a Supplemental Consistency Determination Pursuant to the Coastal Zone Management Act292

California Coastal Commission v. U.S. Department of the Navy, ___F.Supp.2d ___, Case No. 13cv0178-JM-JLB (S.D. Cal. May 28, 2014).

Court of Federal Claims:

Federal Claims Court Finds that a Regulatory Taking Cannot Be Viewed as a Permanent Restriction on Land—Analogizes Damages to Loss of Use295

Bailey v. U.S., Case No. 02-10781 (Fed. Cl. May 29, 2014).


District Court of Appeal:

When Mobile Home Parks Go Condo: Second District Court Addresses the Tension Between Statutes for Rental Property Conversion297

218 Properties, LLC v. City of Carson, ___Cal.App.4th___, 171 Cal.Rptr.3d 608 (2nd Dist. May 15, 2014).

First District Court Upholds EIR’s Water Management Plan for Sonoma County Quarry298

Citizens Advocating for Roblar Rural Quality v. County of Sonoma, unpub., Case No. A136877 (1st Dist. May 13, 2014).

First District Court Finds CEQA Challenge to Proposed Community College Tree Removal Project Barred by Statute of Limitations301

Citizens for a Green San Mateo v. San Mateo Community College District, ­­­___Cal.App.4th___, Case No. A137612 (1st Dist. June 17, 2014).

Beauty Is in the Eye of the Beholder: First District Court Addresses the Class 3 CEQA Exemption and ‘Unusual Circumstances’ Exception304

San Francisco Beautiful v. City and County of San Francisco, ___Cal.App.4th___, Case No. A136546 (1st Dist. April 30, 2014).

Fifth District Court Orders Revision of an EIR to Improve Air Quality Analysis and Mitigation305

Sierra Club v. County of Fresno, ___Cal.App.4th___, Case No. F066798 (5th Dist. May 27, 2014).

First District Court Considers the Financial Infeasibility of CEQA Alternatives308

SPRAWLDEF et al. v. San Francisco Bay Conservation and Development Commission, et al., ___Cal.App.4th___, Case No. A137619 (1st Dist. May 28, 2014)