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California Land Use Law & Policy Reporter

August/September 2014

Volume 23, Number 11 August/September 2014


The California Court of Appeal Upholds the Environmental Impact Report Prepared for City of San Francisco’s Treasure Island Redevelopment Project by John Wheat, Esq. and Laura Harris, Esq., Remy Moose Manley, LLP, Sacramento, California319


U.S. Senators Introduce Bill to Streamline Permitting Process to Construct Surface Water Storage Projects on Federal Lands323


Lawsuit Filed in Federal District Court in California Challenges U.S. Fish and Wildlife Service’s Extension of Eagle Take Permit Terms325

California Supreme Court Grants Review in Yet Another CEQA Case—This Time Addressing the Nexus of CEQA and the California Endangered Species Act326


Circuit Court of Appeals:

Fifth Circuit Finds Property Owner Lacks Subject Matter Jurisdiction to Review U.S. Army Corps of Engineers’ Clean Water Act Jurisdictional Determination328

Belle Co., L.L.C. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 13-30262 (5th Cir. Jul. 30, 2014)

District Court:

District Court Upholds NEPA No Significant Impact Finding for Central Valley Project Water Transfers330

AquAlliance v. U.S. Bureau of Reclamation, ___F.Supp.2d___, Case No. 1:14-CV-000945-LJO-BAM (E.D. Cal. July 11, 2014).

District Court Finds U.S. Bureau of Land Management’s Programmatic EIS for Solar Energy Project Complied with NEPA Requirements to Consider Reasonable Alternatives332

Western Lands Project, et al. v. U.S. Bureau of Land Management, et al., ___F.Supp.2d___, Case No. 13-cv-339-JM-JMA (S.D. Cal. June 25, 2014).


District Court of Appeal:

To EIR or not to EIR: That Is the Question—Sixth District Court Upholds San Jose’s Use of Addendum to Prior EIR to Comply with CEQA335

Citizens Against Airport Pollution v. City of San Jose, 227 Cal.App.4th 788 (6th Dist. 2014).

First District Court Upholds Community College District’s CEQA Determination Regarding Campus Improvement Project337

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

Fifth District Court Holds Interim Water Delivery Contracts Are Exempt from CEQA338

North Coast Rivers Alliance v. Westlands Water District, ___Cal.App.4th___, Case No. F067383 (5th Dist. July 3, 2014).

California High Speed Rail Dodges Legal Bullet—Third District Court Upholds Rail Project’s EIR/EIS340

Town of Atherton v. California High Speed Rail Authority, ___Cal.App.4th___, Case No. C070877 (3rd Dist. July 24, 2014).