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California Land Use Law & Policy Reporter

June 2016

Volume 25, Number 9 June 2016




Governor Brown Issues New Water Conservation Order260

Consumers Union Issues Study Concluding that California Climate Policies Have Resulted in Substantial Consumer Savings261


Court of Appeals:

Ninth Circuit Finds Certain Information Related to Egg-Production Farms Was Protected from Disclosure under the Freedom of Information Act263

Animal League Defense Fund v. U.S. Food and Drug Administration, ___F.3d___, Case No. 13-17131 (9th Cir. Apr. 11, 2016).

Ninth Circuit Finds the District Court Has Jurisdiction to Hear Tribal

Challenge to National Park Service Inventory of Human Remains and


Navajo Nation v. U.S. Department of the Interior et al., ___F.3d___, Case No. 13-15710 (9th Cir. Apr. 6, 2016).

Ninth Circuit Upholds ‘Finding of No Significant Impact’ for Assessment of Terrorist Threats at Navy Site for Compliance under NEPA266

San Diego Navy Broadway Complex Coalition v. U.S. Department of Defense, et al., ___F.3d___, Case No. 12-57234 (9th Cir. Mar. 30, 2016).


District Court of Appeal:

Second District Court Finds Municipal Park Trees that May Obscure Private Views Do Not Constitute an Inverse Condemnation269

Boxer v. City of Beverly Hills, ___ Cal.App.4th ___, Case No. B258459 (2nd Dist. Apr. 26, 2016).

Fifth District Court Holds County Did Not Substantiate Copying Fee for Official Records in Breach of the Government Code270

California Public Records Research, Inc. v. County of Stanislaus, ___Cal.App.4th___, Case No. F070601 (5th Dist. Apr. 28, 2016).

Fifth District Court Holds County Violated State Referendum Law by Repealing Ordinance that Authorized Medical Marijuana Dispensaries in Commercial Zones272

County of Kern v. T.C.E.F., Inc., 246 Cal.App.4th­­ 301 (5th Dist. 2016).

Fourth District Court Decides Two CEQA Decisions Involving a Proposed Project to Draw an Estimated 50,000 Acre-Feet of Water from a Desert Aqui-


Delaware Tetra Technologies, Inc. v. County of San Bernardino, ___Cal.App.4th___, Case No. G050855 (4th Dist. May 10, 2016); Center for Biological Diversity v. County of San Bernardino, ___Cal.App.4th___, Case No. G051058 (4th Dist. May 18, 2016).

First District Court Finds No California Constitutional Right to Public Access of Private Road276

Friends of Martin’s Beach v. Martin’s Beach 1 LL et al., ___Cal.App.4th___, Case No. A142035 (1st Dist. Apr. 27, 2016).