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California Land Use Law & Policy Reporter

August/September 2015

Volume 24, Number 11 August/September 2015


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



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).


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


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).