Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

California Land Use Law & Policy Reporter

May 2016

Volume 25, Number 8 May 2016


Addressing the California Department of Water Resources’ Draft Emergency Regulations on Groundwater Sustainability Plans by Rebecca R. A. Smith, Esq., Downey Brand, LLP, Sacramento, California223


Report Detailing Climate Change Impacts on Western Water Resources Released by U.S. Department of the Interior228


Court of Appeals:

Ninth Circuit Remands Equal Protection/Fair Housing Act Claims Back to the District Court in Arizona Development—Rezoning Case230

Avenue 6E Investments, LLC v. City of Yuma, Arizona, ___F.3d___, Case No. 13-16159 (9th Cir. Mar. 25, 2016).

Ninth Circuit Finds Environmental Assessment—Not Environment Impact Statement—Sufficed Pursuant to NEPA to Add Commercial Operations to Airport231

City of Mukilteo v. U.S. Department of Transportation, ___F.3d___, Case No. 13-70385 (9th Cir. Mar. 4, 2016).

Ninth Circuit Upholds NEPA Analysis for Program that Drastically Cuts Domestic Sheep Grazing on National Forest Lands233

Idaho Wool Growers Association v. Vilsack, ___F.3d___, Case No. 14-35445 (9th Cir. Mar. 2, 2016).

D.C. Circuit Finds Plaintiffs Lacked Standing to Pursue ESA, Clean Water Act and National Environmental Policy Act Claims235

National Wildlife Federation v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 14-1701 (D.C. Cir. Mar. 14, 2016).


Supreme Court:

California Supreme Court Holds Inadvertent Disclosure through Public Records Act Response of Privileged Documents Does Not Waive Privileges238

Ardon v. City of Los Angeles, ___Cal.4th___, Case No. S223876 (Cal. Mar. 17, 2016).

District Court of Appeal:

Fourth District Court Finds City Must Hold Special Election for Medical Marijuana Dispensary Initiative Regardless of Whether Initiative Would Impose General Tax240

California Cannabis Coalition et al. v. City of Upland, ___Cal.App.4th___, Case No. E063664 (4th Dist. Mar. 18, 2016).

Fourth District Court Rejects ‘Community Character’ Arguments as a Part of CEQA242

Preserve Poway v. City of Poway, 245 Cal.App.4th 560 (4th Dist. 2016).

Fourth District Court Finds City Ordinance Adding Ban on Mobile Marijuana Dispensaries to Previous General Ban Was Not a ‘Project’ under CEQA244

Union of Medical Marijuana Patients, Inc. v. City of Upland, ___Cal.App.4th­­___. Case No. D069293 (4th Dist. Mar. 25, 2016).