FEATURE ARTICLE
Paying for Clean Water—California Required to Provide Funding for Local Stormwater Programs by Rebecca Andrews, Esq., Best Best 35
LAND USE NEWS
Tribal Cultural Resources Now Reflected in CEQA Guidelines
Appendix G41
RECENT FEDERAL DECISIONS
Court of Appeals:
The Endangered Species Act Protects Listed Plants Differently than Listed Animals, Ninth Circuit Confirms43
Center for Biological Diversity v. U.S. Bureau of Land Management, ___F.3d___, Case No. 14-15836, (9th Cir. 2016).
Ninth Circuit Upholds Prevention of Significant Deterioration Permit Granted by EPA for California Biomass Plant44
Helping Hand Tools v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 14-72553, 14-72602 (9th Cir. Sept. 2, 2016).
RECENT CALIFORNIA DECISIONS
Supreme Court:
California Supreme Court Rejects Save Our Neighborhood v. Lishman’s ‘New Project’ Test for Subsequent Review under CEQA46
Friends of the College of San Mateo Gardens v. San Mateo County Community College District, ___Cal.5th___, Case No. S214061 (Sept. 19, 2016).
District Court of Appeal:
Second District Court Upholds Trial Court and Rejects Facial and As-Applied Challenge to City’s Affordable Housing Fees48
616 Croft Ave., LLC v. City of West Hollywood, ___Cal.App.5th___, Case No. B266660 (2nd Dist. Sept. 23, 2016).
Fifth District Court Opens Up a Split of Authority on Real Parties Recovering the Costs of Preparing the Administrative Record in CEQA Cases50
Citizens for Ceres v. City of Ceres, 3 Cal.App.5th 237 (5th Dist. 2016).
Fourth District Court Reverses Trial Court and Denies Attorney’s Fees Award to Suspended Non-Profit Corporation51
City of San Diego v. San Diegans for Open Government, ___Cal.App.5th___, Case Nos. D068939, D069890 (4th Dist. Sept. 22, 2016, petition for rehearing denied Oct. 17, 2016).
Fourth District Court Finds Resort’s Use of Amplified Sound during Events Was Not a Private Nuis-
ance53
Mendez v. Rancho Valencia Resort, ___Cal.App.5th___, Case No. D067899 (4th Dist. Sept. 13, 2016).
First District Court Finds San Francisco Ordinance Restricting Landlord’s Exit from Rental Market Preempted by State Law55
San Francisco Apartment Association v. City and County of San Francisco, ___Cal.App.5th___, Case No. A144702 (1st Dist. Sept. 19, 2016).
First District Court Holds San Francisco Ordinance Governing Aesthetics Related to Wireless Facilities Not Preempted by State Law56
T-Mobile West LLC, et al. v. City and County of San Francisco, et al. ___Cal.App.5th___, Case No. A144252 (1st Dist. Sept. 15, 2016).
LEGISLATIVE UPDATE59
