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California Land Use Law & Policy Reporter

October 2016

Volume 26, Number 1 October 2016


Hydroelectric Power in the West—U.S. Department of Energy Presents ‘Hydropower Vision’ Plan for the Future of Hydropower by Daniel Timmons, Esq., Marten Law, PLLC, Portland, Oregon3


State Water Resources Control Board Ponders Widespread Criticism of Its Proposed New Program to Regulate Wetlands7


Court of Appeals:

D.C. Circuit Finds It Cannot ‘Rescue’ the Federal Government from Overpayment of CERCLA Remediation Costs that Were Made via Contractual Agreement9

Lockheed Martin Corporation v. U.S., ___F.3d___, Case No. 14-5302 (D.C. Cir. Aug. 19, 2016).


Supreme Court:

California Supreme Court Clarifies Effect of Dedication Requirement on Takings12

City of Perris v. Stamper, 1 Cal.5th 576 (Cal., 2016).

California Supreme Court Orders State to Reimburse Local Agencies for Efforts to Reduce Stormwater Pollution14

Department of Finance v. Commission on State Mandates, et al., ___Cal.5th___, Case No. S214855 (Cal. Aug. 29, 2016).

District Court of Appeal:

Sixth District Court Upholds Reclamation Plan for Permanente Quarry—Rejects Challenges under CEQA and the Surface Mining Act17

Bay Area Clean Environment, Inc. v. Santa Clara County et al., ___Cal.App.5th___, Case No. H040789 (6th Dist. Aug. 31, 2016).

On Remand, First District Court Holds Air District’s Significance Thresholds Valid on Their Face, But Cannot Be Used for Primary Purpose Intended19

California Building Industry Association v. Bay Area Air Quality Management District, 2 Cal.App.5th 485 (1st Dist. 2016).

First District Court Upholds County’s Mitigated Negative Declaration for Master Use Permit Expanding Religious Center21

Coastal Hills Rural Preservation v. County of Sonoma, ___Cal.App.5th___, Case No. A145573 (1st Dist. Aug. 31, 2016).

Sixth District Court Aligns with Fifth District—Substantial Evidence Test Applies to Agency Determination That a Resource Is Not Historical under


Friends of the Willow Glen Trestle v. City of San Jose, 2 Cal.App.5th 457 (6th Dist. 2016).

Mootness and Land Use Litigation—Second District Court Orders Published Its Decision to Dismisses an Appeal as Moot After Subsequent Approval of


La Mirada Avenue Neighborhood Association of Hollywood v. City of Los Angeles, ___Cal.App.5th___, Case No. B258033 (2nd Dist. Aug. 16, 2016).