Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

California Land Use Law & Policy Reporter

November 2014

Volume 24, Number 2 November 2014


President Obama Announces Executive Order on Factoring Climate Resiliency in International Development Programs and Investments35

U.S. House of Representatives Passes Bill to Restrict Federal Clean Water Act Rulemaking37

California Governor Signs Assembly Bill 52 Creating New Native American Consultation Process under the California Environmental Quality Act38


U.S. Fish and Wildlife Service Announces Final Restoration Plan for Salton Sea National Wildlife Refuges40

U.S. Fish and Wildlife Service Determines that Valley Elderberry Longhorn Beetle Will Remain on the ESA’s ‘Threatened’ List42

Department of the Interior and California Natural Resources Agency Release Desert Renewable Energy Conservation Plan43


California Water Interests Seek U.S Supreme Court Review of Ninth Circuit Decision Upholding Delta Smelt Opinion45


Circuit Court of Appeals:

Ninth Circuit Holds California Lacks the Authority to Impose State Environmental Standards on U.S. Department of Energy Cleanup Activities47

Boeing Company v. Maziar Movassaghi, Acting Director of the California Department of Toxic Substances Control, ___F.3d___, Case No. 11-55903 (9th Cir. Sept. 19, 2014).

Ninth Circuit Holds that Indian Tribe Must Obtain Congressional Approval to Assign Land to Tribe Members49

Chemehuevi Indian Tribe, et al. v. Jewell ___F.3d___ (9th Cir. Sept. 17, 2014).

Ninth Circuit Upholds Environmental Review and Endangered Species Analysis for Timber Projects. .51

Friends of the Wild Swan v. Weber, ___ F.3d ___, Case No. 13-35817 (9th Cir. Sept. 24, 2014).


District Court of Appeal:

Not Making History—Fifth District Court Addresses Two Aspects of ‘Historical Resources’ for Purposes of Environmental Review54

Citizens for the Restoration of L Street v. City of Fresno, 229 Cal.App.4th 340 (5th Dist. 2014).

First District Court Holds CEQA Review of Rail Operations Is Preempted by Interstate Commerce Act—Prior Agreement to Prepare EIR Does Not Waive the Assertion of Preemption55

Friends of the Eel River v. North Coast Railroad Authority, ___Cal.App.4th___, Case No. A139222 (1st Dist. Sept. 29, 2014).

Third District Court Holds that Governor of California Is Not a ‘Public Agency’ under the California Environmental Quality Act57

Picayune Rancheria of Chukchansi Indians v. Edmund G. Brown, Jr., ___Cal.App.4th___, Case No. C074506 (3rd Dist. Sept. 24, 2014).

Of Subdivisions and CEQA—Third District Court Addresses Several Attacks on Mitigated Negative Declaration for Subdivision in Colusa County59

Rominger v. County of Colusa, ___Cal.App.4th___, Case No. C073815 (3rd Dist. Sep. 9, 2014).

Fourth District Court Upholds Award of Costs for Labor Incurred by Attorney and Paralegals to Prepare Administrative Record in CEQA Litigation61

The Otay Ranch, L.P. v. County of San Diego, ___Cal.App.4th___, Case No. D064809 (4th Dist. Sept. 29, 2014).