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California Land Use Law & Policy Reporter

April 2016

Volume 25, Number 7 April 2016

LAND USE NEWS AND DEVELOPMENTS

Can You Walk or Bike to Work? The Sacramento Regional Transportation Plan and the Push for Land Use Density191

Local Group Seeks Major Overhaul of Los Angeles Planning and Zoning via Ballot Measure193

REGULATORY DEVELOPMENTS

OPR Releases Revised Guidelines for CEQA Traffic Impacts Analysis: from Level of Service to Vehicles Miles Travelled195

RECENT FEDERAL DECISIONS

U.S. Supreme Court:

San Jose’s Inclusionary Housing Ordinance Survives after U.S. Supreme Court Denies Petition for Writ of Certiorari197

California Building Industry Association v. City of San Jose, Case No. 15-330 (U.S. Feb. 29, 2016).

Court of Appeals:

Ninth Circuit Reinstates Polar Bear Critical Habitat Designation199

Alaska Oil and Gas Association v. Jewell, ___F.3d___, Case No. 13-35619 (9th Cir. Feb. 29, 2016).

District Court:

Seeing the Forest for the Trees—District Court Finds Forest Service’s Vegetation Project Survives Challenges under NEPA, the ESA and National Forest Act201

Conservation Congress v. U.S. Forest Service, ___F.Supp.3d___, Case No. 2:15-00249 WBS AC (E.D. Cal. Feb 23, 2016).

District Court Rejects NEPA/Clean Water Act Challenges to Army Corps Dredging of the Snake River Navigation Channel203

Idaho Rivers United, et al. v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. C14-1800JLR (W.D. Wa Feb. 9, 2016).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

City Ordinance Banning New Billboards, but Allowing Relocation of Existing Ones, Survives Constitutional Challenge at the Fourth District Court205

City of Corona v. AMG Outdoor Advertising, Inc., 244 Cal.App.4th 291 (4th Dist. 2016).

First District Court Finds Sanitary District May Choose Workers for Sewer Pipe Repairs without Putting Work Out for Competitive Bid207

Construction Industry Force Account Council, Inc. v. Ross Valley Sanitary District, ___Cal.App.4th___, Case Nos. A139069, A139550 (1st Dist. Feb. 18, 2016).

Fourth District Court Holds Only Successor Agency May Be Held Liable for Preexisting Obligations of Redevelopment Agency208

Macy v. City of Fontana, ___Cal.App.4th___, Case No. D068508 (4th Dist. Feb. 23, 2016).

Third District Court Upholds Trial Court’s Interpretation of City Charter Regarding Number of Terms Mayor and Councilmembers May Serve210

White v. City of Stockton, ___Cal.App.4th___, Case No. C073482 (3rd Dist. Feb. 5, 2016).

LEGISLATIVE UPDATE212