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California Land Use Law & Policy Reporter

April 2015

Volume 24, Number 7 April 2015


California Court of Appeal Upholds the Environmental Impact Report for the Sacramento Kings Downtown Arena Project by Chris Stiles, Esq. and Laura Harris, Esq., Remy Moose Manley, LLP, Sacramento183


Assembly Bill 291 Proposes Streamlined CEQA Notification Requirements for Large Water Projects187

If at First You Don’t Succeed…California Legislature Gives CEQA Reform Another Go188


The California Supreme Court Can’t Get Enough of CEQA—Grants Review in Cleveland National Forest Foundation v. SANDAG190

Center for Biological Diversity Files Lawsuit Alleging U.S. Department of the Interior Violated Federal Law when It Issued Permits for Offshore ‘Fracking’191


Circuit Court of Appeals:

Ninth Circuit Finds Petitioner Was a Prevailing Party with Some Degree of Success in Suit Challenging a Coal Mining Permit to Justify Award of Its Attorney’s Fees193

Black Mesa Water Coalition v. Jewell, ___F.3d___ Case No. 12-16980 (9th Cir. 2015).


Supreme Court:

California Supreme Court Ruling Develops Novel Two-Part Test for CEQA Categorical Exemption Analysis195

Berkeley Hillside Preservation v. City of Berkeley, ___Cal.4th___, Case No. S201116 (Cal. Mar. 2, 2015).

California Supreme Court Declines to Decide whether the Public Trust Doctrine Applies to Groundwater Extractions196

County of Siskiyou v. Superior Court of Sacramento County (Environmental Law Foundation), Case No. S220764, petition denied (Cal. Feb. 18, 2015).

District Court of Appeal:

Third District Court Upholds Department of Fish and Wildlife’s EIR but Finds DFW Violated the APA in Adopting Underground Regulations198

Center for Biological Diversity v. California Department of Fish and Wildlife, 234 Cal.App.4th 214 (3rd Dist. 2015).

First District Court Holds Use Permit Condition Regarding Inclusionary Housing Is Enforceable Despite Preemption200

City of Berkeley v. 1080 Deleware, LLC, ___Cal.App.4th___, Case No. A142162 (1st Dist. Feb. 26, 2015).

Fourth District Court Upholds CEQA Exemption for City of San Diego’s Emergency Storm Drain Repair and Revegetation Project202

CREED-21 v. City of San Diego, ___Cal.App.4th___ , Case No. D064186 (4th Dist. Jan. 29, 2015, certified for publication Feb. 18, 2015).

First District Court Upholds CARB’s Implementation of Offset Credit Provisions in Greenhouse Gas Cap-and-Trade Program204

Our Children’s Earth Foundation v. California Air Resources Board, ___Cal.App.4th___ , Case No. A138830 (1st Dist. Feb. 23, 2015).