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California Land Use Law & Policy Reporter

January 2015

Volume 24, Number 4 January 2015


Solar Energy Disputes Arise in the Mojave Desert—Colorado River Indian Tribes File Suit to Halt Blythe II Project95

San Diego City Council Approves Major Wastewater Recycling Project96


New Infrastructure Finance Law Creates New Mechanism for Public Water Agencies to Fund Water Management Facilities and Other Public Infrastructure99


U.S. Bureau of Land Management Rejects 200 Megawatt Solar Energy Project in Mojave Desert102

U.S. Department of Justice Releases Memorandum: ‘Policy Statement Regarding Marijuana Issues in Indian Country’103


Circuit Court of Appeals:

D.C. Circuit Revives Alaska’s Challenge to the ‘Roadless Rule’105

Alaska v. U.S. Department of Agriculture, ___F.3d___, Case No. 13-5147 (D.C. Cir. Nov. 7, 2014).

Ninth Circuit Concludes in ‘Bison Hazing’ Case that Endangered Species Act’s 60-Day Notice Requirement Does Not Preclude Filing Non-ESA Claims before Notice Period Ends106

Alliance for the Wild Rockies v. U.S. Department of Agriculture, ___F.3d___, Case No. 13–35253 (9th Cir. Nov. 20, 2014).

Ninth Circuit Upholds U.S. Department of Transportation’s Approval of Port Expressway in the Face of NEPA and Clean Air Act Challenges108

Natural Resources Defense Council Inc. v. U.S. Department of Transportation, ___F.3d__, Case No. 12-56467 (9th Cir. 2014).

District Court:

District Court Holds Sale of Property for Secular Use Does Not Constitute ‘Religious Exercise’ under the Federal Religious Land Use Act110

California-Nevada Annual Conference of the Methodist Church v. City of San Francisco, ___F.Supp.3d___, Case No. 11-cv-02338 (N.D. Cal. Nov. 24, 2014).

District Court Rules that U.S. Constitution Does Not Empower Federal Government to Regulate a Threatened Species Living Only within One State112

People for the Ethical Treatment of Property Owners v. U.S. Fish & Wildlife Service, ___F.Supp.3d___, Case No. 2:13-cv-00278-DB (D. Ut. Nov. 5, 2014).


District Court of Appeal:

Fourth District Court Rejects Environmental Analysis of SANDAG’s 2050 Regional Transportation Plan/Sustainable Communities Strategy114

Cleveland National Forest Foundation v. San Diego Association of Governments, ___CalApp.4th___, Case No. D063288 (4th Dist. Nov. 24, 2014).

Third District Court Holds Special CEQA Provision Regarding Sacramento Downtown Arena Project Survives Constitutional Challenge116

Saltonstall v. City of Sacramento, ___Cal.App.4th___, Case No. C077031 (3rd Dist. Nov. 20, 2014).

Third District Court Determines DTSC’s Procedure for Placing a Lien on Real Property Violates Due Process117

Van Horn v. California Department of Toxic Substances Control, ___Cal.App.4th___, Case No. C073173 (3rd Dist. Nov. 26, 2014).