REGULATORY DEVELOPMENTS
EPA Issues It’s Final CWA Rule on ‘Waters of the United States”—And the States’ Rights/Undue Burden on Farming and Agriculture Arguments Immediately Flow311
National Oceanic and Atmospheric Administration’s most Current El Niño Predictions Continue to Forecast High Likelihood of a Wet California
Winter313
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Finds Private-Party Judicially Approved Settlement May Trigger CERCLA’s Statute of Limitations For Contribution Claims315
Asarco, LLC v. Celanese Chemical Company, ___F.3d___, Case No. 12-16832 (9th Cir. July 10, 2015).
Tenth Circuit Finds Colorado’s Renewable Energy Mandate Does Not Violate Commerce Clause.317
Energy and Environment Legal Institute v. Epel, ___F.3d___, Case No. 14-1216 (10th Cir. July 13, 2015).
RECENT CALIFORNIA DECISIONS
Supreme Court:
California Supreme Court Affirms Court of Appeal’s Decision in Favor of Inclusionary Housing Zoning320
California Building Industry Association v. City of San Jose, 61 Cal.4th 435 (Cal. 2015).
California Supreme Court Issues CEQA Decision—Rejecting the Argument that Mitigation of Significant Off-Site Impacts through ‘Fair Share’ Fees is Legally Infeasible322
City of San Diego v. Board of Trustees of the California State University, ___Cal.4th___, Case No. S199557 (Cal. Aug. 3, 2015).
District Court of Appeal:
Second District Court Finds that Erroneous Notice of Public Meeting did not Offend the Brown
Act324
Castaic Lake Water Agency v. Newhall County Water District, ___Cal.App.4th___, Case No. E254639 (2nd Dist., ordered published July 22, 2015).
Third District Court Affirms that Once Utility Money is Lent to a Redevelopment Agency It Ceases to Be ‘Ratepayer’ Money326
City of Azusa v. Michael Cohen, ___Cal.App.4th___, Case No. C075814 (3rd Dist. July 8, 2015).
Fourth District Court Affirms Judgment Finding a Supplemental EIR for a Proposed Jail Expansion Legally Unobjectionable327
City of Irvine v. County of Orange, ___Cal App. 4th___, Case No. G049527 (4th Dist. July 6, 2015).
Fourth District Court Upholds Denial of Attorney’s Fees when Petitioner’s Action Was not Catalyst
Causing Revocation of Project Entitlements329
Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa, ___Cal.App.4th___, Case No. E057589 (4th Dist. June 8, 2015; ordered published July 6, 2015).
Fourth District Court Holds Removal of Conservation Overlay on Land Is a Project and Is Not Exempt from CEQA331
Paulek v. Western Riverside County Regional Conservation Authority, 238 Cal.App.4th 583 (4th Dist. 2015).
Superior Court:
Sacramento Superior Court Issues Restraining Order of Curtailment Letters from the SWRCB to Four Central Valley Water Districts333
West Side Irrigation District v. California State Water Resources Control Board, Case No., 34-2015-80002121 (Sacramento Super. Ct. July 10, 2015).
LEGISLATIVE UPDATE335
