FEATURE ARTICLE
The Long and Winding Road—The Sustainable Groundwater Management Act and California’s Water Crisis by David Aladjem, Downey Brand, LLP, Sacramento, California3
LAND USE NEWS
Center for Biological Diversity Files Notice of Intent to Sue the U.S. Department of the Interior over Solar Bird Kill Issue10
REGULATORY DEVELOPMENTS
Proposed CEQA Guideline Would Replace ‘Level of Service’ with New ‘Vehicle Miles Traveled’ Measurements in Analyzing Traffic Impacts11
LAWSUITS FILED OR PENDING
EPA Settlement Reinstates Pesticide-Free Buffer Zones in California, Oregon and Washington13
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Tenth Circuit Rules that the Duty to Consult under the Federal Endangered Species Act Does Not Extend to an Agency Decision Not to Act15
WildEarth Guardians v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-9524 (10th Cir. July 23, 2014).
RECENT CALIFORNIA DECISIONS
Supreme Court:
California Supreme Court Holds Legislative Body Need Not Obtain Full CEQA Review before Directly Adopting a Voter Initiative17
Tuolumne Jobs & Small Business Alliance v. Superior Court, ___Cal.4th___, Case No. S207173 (Aug. 7, 2014).
District Court of Appeal:
Third District Court Reverses Trial Court Order Rejecting High-Speed Rail Authority’s Preliminary Funding Plan and Request for Validation Judg-
ment19
California High-Speed Rail Authority v. Superior Court, 228 Cal.App.4th 676 (3rd Dist. 2014).
Fifth District Court Finds City Historic Preservation Commission’s Approval of a Mitigated Negative Declaration for Infill Project Did Not Comply with
CEQA21
Citizens for the Restoration of L Street v. City of Fresno, ___Cal.App.4th___, Case No. F066498 (5th Dist. Aug. 29, 2014).
Fifth District Court Upholds CEQA Mitigation Measure Relying on Federal Aviation Administration’s ‘No Hazard Determination’ Process for Wind Energy Facility23
Citizens Opposing a Dangerous Environment v. County of Kern, ___Cal.App.4th___, Case No. F067567, pub. July 25, 2014 (5th Dist. 2014).
Picking Up the Tab in CEQA Litigation—First District Court Addresses Who Has to Pay for What25
Coalition for Adequate Review v. City and County of San Francisco, ___Cal.App.4th___, Case No. A135512 (1st Dist. Sep. 15, 2014).
Utility’s Attempt to Reverse Condemnation Judgment Denied by Fourth District Court—Evidence Supported Mining as the Highest and Best Use of Prop-
erty27
San Diego Gas & Electric Co. v. Schmidt, et al., ___Cal.App.4th___, Case No. D062671 (4th Dist. Aug. 13, 2014).
LEGISLATIVE UPDATE29
