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California Land Use Law & Policy Reporter

March 2015

Volume 24, Number 6 March 2015

FEATURE ARTICLE

The Intersection of CEQA, Infill Development and the Los Angeles Zoning Code by Alexander DeGood, Esq., Cox, Castle & Nicholson, LLP, Los

Angeles151

REGULATORY DEVELOPMENTS

U.S. Fish And Wildlife Service Finds that Delisting the Gnatcatcher as Threatened under the Endangered Species Act May Be Warranted157

California Department of Conservation Releases Draft Environmental Impact Report for Frackingd158

State Water Resources Control Board Proposes New Grazing Regulations to Protect Water Quality160

LAWSUITS FILED OR PENDING

District Court Finds Solar Project Owner May Intervene in Tribal Challenge to Blythe Project162

RECENT FEDERAL DECISIONS

U.S. Supreme Court:

U.S. Supreme Court Holds Municipalities Must Provide Reasons for Denying Wireless Service Facility Applications Pursuant to the Telecommunications Act164

T-Mobile South, LLC v. City of Roswell, ___U.S.___, Case No. 13–975 (Jan. 14, 2015).

Circuit Court of Appeals:

Ninth Circuit Affirms U.S. Forest Service’s Decision to Implement the ‘Little Slate’ Timber Thinning Project166

Alliance for the Wild Rockies v. Brazell, Unpub., Case No. 14-30050, (9th Cir., Jan. 2, 2015).

Ninth Circuit Upholds Denial of Tribe’s Application to Operate Multiple Casinos167

Redding Rancheria v. Jewell, ___ F.3d ___, Case No. 12-15817, (9th Cir. Jan. 20, 2015).

District Court:

District Court Denies Summary Judgment Based on Successor’s Potential Knowledge of CERCLA Liabilities169

Housing Authority of the City of Los Angeles v. PCC Technical Industries, Inc., ___F.Supp.3d___, Case No. CV 11-01626 FMO (C.D. Cal. Dec. 15, 2014).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Third District Upholds County’s Abandonment of Public Right-of-Way in the Face of CEQA and Streets and Highways Code Challenges171

DeLucchi v. County of Colusa, ___Cal.App.4th___, Case No. C069632 (3rd Dist. Jan. 14, 2015).

First District Court Holds Petitioner Did Not Receive Primary Relief Sought—Was Not a Prevailing Party under Catalyst Theory in CEQA Litigation173

Washoe Meadows Community v. Cal. Dept. of Parks and Recreation, Unpub., Case No. A139197 (1st Dist. Dec. 30, 2014).

LEGISLATIVE UPDATE175