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California Land Use Law & Policy Reporter

February 2015

Volume 24, Number 5 February 2015


Council for Environmental Quality Issues Draft Guidelines on How to Address Greenhouse Gas Emissions in NEPA Documents123

California Emergency Drought Relief Act of 2014 Fails to Pass in U.S.



California Water Boards and the State Department of Fish and Wildlife to Implement Regulatory Program For Marijuana Cultivation127

San Francisco PUC and San Mateo County Agencies Finalize Long-Term Groundwater Management Plan for Bay Area Groundwater Basin128


Working on the Railroad? Federal Preemption, CEQA and California’s High Speed Rail Project Prompt the California Supreme Court’s Grant of



Circuit Court of Appeals:

Ninth Circuit Upholds U.S. Forest Service and U.S. Fish and Wildlife Service’s Environmental Analysis of Timber Project132

Conservation Congress v. Environmental Protection Information Center, ___F.3d___, Case No. 12-16916 (9th Cir. Dec. 16, 2014).

Ninth Circuit Upholds Biological Opinion Regarding Impacts of Central Valley Project and State Water Project Operations on Salmonid Species134

San Luis & Delta-Mendota Water Authority v. Locke, ___F.3d___, Case No. 12-15144 (9th Cir. Dec. 22, 2014).

D.C. Circuit Holds that the Lead in Spent Bullets and Shot Is Not Subject to EPA Regulation under the Toxic Substances Control Act136

Trumpeter Swan Society, et al. v. U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 13-5228 (D.C. Cir. Dec. 23, 2014).

District Court:

District Court Dismisses Citizen Suit against the Army Corps for Mootness Relating to Flood Control


Finca Santa Elena Inc. et al v. U.S. Army Corps of Engineers et al, ___F.Supp.3d___, Case No. 1:11-cv-00296 (D. D.C. Jan. 6, 2015).


District Court of Appeal:

First District Court Holds Substantial Evidence Supports Agency’s Decision to Certify Nonindustrial Timber Management Plan140

Center for Biological Diversity v. California Department of Forestry and Fire Protection, ___Cal.App.4th___, Case No. A138914 (1st Dist. Dec. 30, 2014).

Fifth District Court Considers Scope of Mining Board’s Authority to Review Reclamation Plans and the Use of Conservation Easements to Mitigate the Loss of Farmland142

Friends of the Kings River v. County of Fresno, 232 Cal.App.4th 105 (5th Dist. 2014).

Fourth District Court Affirms Department of Alcoholic Beverage Control’s Discretion in Issuing License for Retail Location143

Nick v. City of Lake Forest, ___Cal.App.4th___, Case No. G047115 (4th Dist. Dec. 23, 2014).

Second District Court Holds Change in Project Height Required Supplemental Environmental Impact Report Pursuant to CEQA145

Ventura Foothill Neighbors v. County of Ventura, ___Cal.App.4th___, Case No. B254120 (2nd Dist. Dec. 15, 2014).