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California Land Use Law & Policy Reporter

October 2015

Volume 25, Number 1 October 2015


Over the Top (of the Banks)—The California Department of Fish and Wildlife and Its Claims of Expanded Streambed Jurisdiction By Clark Morrison, Esq., Cox, Castle & Nicholson; Keith Garner, Esq., Sheppard, Mullin, Richter & Hampton; and David Ivester, Esq., Briscoe, Ivester 3


Interior Department and Bureau of Land Management Approve 485-Megawatt Blythe Mesa Solar Project8


Circuit Court of Appeals:

Ninth Circuit Finds Notice of Intent to Sue the Forest Service Alleging Violations of the Endangered Species Act Sufficient in the Face of a Motion to Dismiss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Klamath-Siskiyou Wildlands Center v. Rob MacWhorter, the U.S. Forest Service, ___F.3d___, Case No. 13-35453 (9th Cir. Aug. 10, 2015).

Ninth Circuit Holds No Permit Needed under the Clean Water Act for Irrigation Project Covering Parts of California and Oregon12

ONRC Action v. U.S. Bureau of Reclamation, ___F.3d___, Case No. 12-35831 (9th Cir. Aug. 21, 2015).

District Court:

District Court Sets Aside U.S. Fish and Wildlife Service Rule Extending Programmatic ‘Take’ Permits of Bald and Golden Eagles from Five to Thirty


Debra Shearwater et al. v. Dan Ashe and Sally Jewell and American Wind Energy Association, ___F.Supp.3d___, Case No. 14-CV-02830-LHK (N.D. Cal. Aug. 11, 2015).


District Court of Appeal:

Second District Court Finds Local Governments may Deny Applications to Convert Mobile Home Park to Individual Lots Based on General Plan Inconsis


Carson Harbor Village, LTD v. City of Carson, 239 Cal.App.4th 56 (2nd Dist. 2015).

Third District Upholds Denial of Injunction Finding Legislation Eliminating Redevelopment Agencies Did Not Violate Constitutional Provisions17

City of Cerritos et al. v. State of California, ___Cal.App.4th___, Case No. C070484 (3rd Dist. Aug. 25, 2015).

Third District Court Upholds State’s Denial of Bond Proceedings to the City of Petaluma under the Law Dissolving Redevelopment Agencies19

City of Petaluma v. Cohen, 238 Cal.App.4th 1430, (3rd Dist. 2015).

Now that’s Dedication—Fourth District Holds County’s Acceptance of Road Dedication Via Parcel Map Effective Despite Stated Pre-Condition of Board Resolution Approval21

Coppinger v. Rawlins, 239 Cal.App.4th 608 (4th, 2015).

Sixth District Court Reverses Refund of Water Service Charges23

Great Oaks Water Company v. Santa Clara Valley Water District, ___Cal.Ap.4th___, Case No. H035260 (6th Dist. Aug. 12, 2015).

Taking a Mulligan: First District Court Holds Inadvertent Disclosure under the Public Records Act Does Not Constitute a Waiver of Privilege25

Newark Unified School District v. Superior Court ___Cal.App.4th___, Case No. A142963 (1st Dist. 2015).

Fourth District Court Grants Writ Petition Based on Taxpayers Lack of Standing26

San Bernardino County v. Superior Court of San Bernardino County, ___Cal.App.4th___, Case No. E058359 (4th Dist. Aug. 17, 2015).