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California Land Use Law & Policy Reporter

June 2015

Volume 24, Number 9 June 2015


City of Los Angeles Releases Sustainable City Plan247


Department of Conservation Adopts Emergency Regulations for Oil and Gas Injection Wells249


Circuit Court of Appeals:

Clean Water Act Jurisdictional Determination of the Corps of Engineers Can Be Challenged in Court, Says the Eighth Circuit251

Hawkes Co., Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 13607 (8th Cir. Apr. 15, 2015)..

Federal Circuit Rejects Hopi Tribe’s Claim that the United States Must Provide Safe Drinking Water on the Reservation253

Hopi Tribe v. U.S., ___F.3d___, Case No. 2014:5018 (Fed. Cir. Apr. 2, 2015).


District Court of Appeal:

First District Court Finds Building Association’s Attempt to Invalidate Increases in Stormwater Permit Fees by the State Water Board Fails255

California Building Industry Association v. State Water Resources Control Board, ___Cal.App.4th___, Case No. A137680 (1st Dist., Apr. 20, 2015, as modified May 11, 2015).

Second District Court Upholds Municipal Water District’s Exercise of Eminent Domain to Acquire Private Utility’s Water Service Assets256

Golden State Water Company v. Casitas Municipal Water District, ___Cal.App.4th___, Case No. B255408 (2nd Dist. Apr. 14, 2015).

Sixth District Court Finds Charges against Water Retailer For Groundwater Extraction Did Not Violate the Santa Clara Water District Act or Proposition


Great Oaks Water Company v. Santa Clara Valley Water District, 235 Cal.App.4th 523, rehearing Gganted Apr. 24, 2015 (6th Dist. Mar. 26, 2015).

Fourth District Court Holds City Complied with Subdivision Map Act and CEQA for Approval of Walmart Project260

Redlands Good Neighbor Coalition v. City of Redlands, ___Cal.App.___, Case No. E060138 (4th Dist. 2015).

Fourth District Court Upholds Significant Reduction in Attorney’s Fees Award for Prevailing Party’s Limited Success in CEQA Litigation262

Save Our Uniquely Rural Community Environment v. County of San Bernardino, 235 Cal.App.4th 1179 (4th Dist. 2015).

Of Water Service and Imposed Easements—First District Court Finds Homeowner’s Suit under the Map Act Fails to Negate Easement264

Tarbet v. East Bay Municipal Utility District, ___Cal.App.4th___, Case No. A140755 (1st Dist. Apr. 10, 2015).

First District Court Clarifies Rules for Recovery

of Attorneys’ Fees in Eminent Domain Proceed-


The People Ex Rel. California Department of Transportation v. Hansen’s Truck Stop, ___ Cal.App.4th___, Case No. A133252 (1st. Dist. Apr. 24, 2015).

Second District Court Rejects City’s Approval of a Permit for an Eldercare Facility that Exceeded Zoning Standards267

Walnut Acres Neighborhood Association v. City of Los Angeles, ___Cal.App.4th___, Case No. B254636 (2nd Dist. Mar. 18, 2015, ordered published Apr. 15, 2015).