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California Land Use Law & Policy Reporter

August/September 2016

Volume 25, Number 11 August/September 2016


California WaterFix and Eminent Domain Law—California Supreme Court Finds State Officials May Conduct Pre-Condemnation Environmental and Geological Activities on Privately Owned Delta Lands by Derek Hoffman, Esq., and Michael Duane Davis, Esq., Gresham Savage Nolan 319


Court of Appeals:

Ninth Circuit Affirms District Court on Different Grounds and Finds Approval of Gaming Ordinance Did Not Require NEPA Review323

Jamul Action Committee et al. v. Chaudhuri et al., ___F.3d___, Case No. 15-16021 (9th Cir. June 9, 2016).

Fifth Circuit Upholds FWS Critical Habitat Designation under the ESA on Land that is Unoccupied by Listed Species325

Markle Interests L.L.C. v. U.S. Fish and Wildlife Service, ___F.3d___, Case No. 14-31008 (5th Cir. June 30, 2016).

D.C. Circuit Upholds EPA’s ‘Backstop’ Authority to Revoke Corps’ Clean Water Act Permit Due to ‘Unacceptable Adverse Effects’ on Wildlife327

Mingo Logan Coal Company v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-5305 (D.C. Cir. July 19, 2016).


District Court of Appeal:

Sue it or Lose It—First District Court Addresses the Interplay of the Discovery Rule and CEQA Statute of Limitations329

Communities for a Better Environment v. Bay Area Air Quality Management District, ___Cal.App.4th___ (1st Dist. Jul. 19, 2016).

Fourth District Court Addresses Urban Decay as An Impact under CEQA and the ‘Fair Argument’ Threshold330

Joshua Tree Downtown Business Alliance v. County of San Bernardino, ___Cal.App.4th___ (4th Dist. Jun. 15, 2016, Ordered Published July 13, 2016).

Fifth District Court Holds City Did Not Abuse Discretion in Determining that Shopping Center Project Was Consistent with Its General Plan332

Naraghi Lakes Neighborhood Preservation Association v. City of Modesto, ___Cal.App.4th___, Case No. F071768 (5th Dist. June 7, 2016, Ordered Published July 1, 2016).

Sixth District Court Finds Attorneys’ Costs of Preparing the Administrative Record May Be Recoverable Expenses in Writ Proceedings334

No Toxic Air, Inc. v. Lehigh Southwest Cement Company et al., ___Cal.App.4th___, Case No. H040047 (6th Dist. July 28, 2016).

Fourth District Court Finds EIR’s Energy Analysis Failed to Comply with CEQA—Post-Approval Addendum Could Not Cure Deficiencies336

Ukiah Citizens for Safety First v. City of Ukiah, 248 Cal.App.4th 256 (4th Dist. 2016).

Second District Court Upholds CEQA Class 3 Categorical Exemption for a Combination Car Wash and Coffee Shop Project337

Walters v. City of Redondo Beach, ___Cal.App.4th___, Case No. B258638 (2nd Dist. July 21, 2016).

Superior Court:

San Francisco Superior Court Deems Sufficient the Environmental Review for the Warriors Arena and Mixed Use Project339

Mission Bay Alliance v. Office of Community Investment and Infrastructure, Case No. CPF-156-514892 (San Francisco Super. Ct. July 18, 2016).