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California Land Use Law & Policy Reporter

January 2016

Volume 25, Number 4 January 2016


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-



EPA Seeks Comments on Clean Water Act Regulation of Stormwater Discharges on Forest Roads104


Proposed Initiatives Submitted to Amend Constitution to Establish Water Use Priorities and to Divert High-Speed Rail Funds to Water Storage Facilities106


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).


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).