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California Land Use Law & Policy Reporter

November 2016

Volume 26, Number 2 November 2016


Paying for Clean Water—California Required to Provide Funding for Local Stormwater Programs by Rebecca Andrews, Esq., Best Best 35


Tribal Cultural Resources Now Reflected in CEQA Guidelines

Appendix G41


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).


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-


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).