LAND USE NEWS
Obama Administration Rejects Keystone Pipeline XL99
OPR Issues Discussion Draft of Proposed Changes to Appendix G of the CEQA Guidelines Incorporating Tribal Cultural Resources100
Improvement Program to Upgrade and Replace the Aging Calaveras Dam is Underway as Part of the Hetch Hetchy Water System Improvement Pro-
gram102
REGULATORY DEVELOPMENTS
EPA Seeks Comments on Clean Water Act Regulation of Stormwater Discharges on Forest Roads104
LEGISLATIVE DEVELOPMENTS
Proposed Initiatives Submitted to Amend Constitution to Establish Water Use Priorities and to Divert High-Speed Rail Funds to Water Storage Facilities106
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Wind Turbines Generate Power and Lawsuits—Ninth Circuit Finds Imperial Valley Wind Farm Project Ran Afoul of NEPA109
Desert Protective Council v. U.S. Department of the Interior, ___F.3d___, Case No. 13-55561 (9th Cir. Nov. 19, 2015).
Fourth Circuit Grants Writ of Mandamus Precluding the Deposition of the EPA Administrator110
In re Gina McCarthy, ___F.3d___, Case No. 15-2390 (4th Cir. Dec. 9, 2015).
RECENT CALIFORNIA DECISIONS
Supreme Court:
California Supreme Court Finds Violations of CEQA in GHG Analysis and Species Mitigation, Dealing Blow to Development Project112
Center for Biological Diversity v. California Department of Fish and Wildlife, ___Cal.4th___, Case No. S217763 (Cal. Nov. 30, 2015).
District Court of Appeal:
On Remand from the Supreme Court, Third District Court Again Finds Rodeo Categorically Exempt from CEQA114
Citizens for Environmental Responsibility v. State of California ex rel. 14th District Agricultural Association, ___Cal.App.4th___, Case No. C070836 (3rd Dist. Nov. 23, 2015).
On Remand from the Supreme Court, First District Court Addresses CEQA Analyses for State University Expansion Project116
City of Hayward v. Board of Trustees of the California State University, ___Cal.App.4th___, Case Nos. A131412 and A132424 (1st Dist. Nov. 30, 2015).
Taxpayer Refund Claim Based on Improper Rate Classifications Denied by the First District Court for Failure to Timely File118
Golden Gate Hill Development Company, Inc. v. County of Alameda, ___Cal.App.4th___, Case No. A142500 (1st Dist. Nov. 25, 2015).
Shifting Sands: First District Court Addresses the Public Trust Doctrine and CEQA in the Context of Mineral Extraction Leases119
San Francisco Baykeeper, Inc. v. California State Lands Commission, 242 Cal.App.4th 202 (1st Dist. 2015).
Fourth District Court Upholds Grant of Petition for a Right of Entry for Minor Environmental Testing Pursuant to the Eminent Domain Law121
Young’s Market Company v. Superior Court (San Diego County), ___Cal.App.4th___, Case No. D068213 (4th Dist. Nov. 19, 2015).
