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California Land Use Law & Policy Reporter

February 2017

Volume 26, Number 5 February 2017


California Looks to Housing and Land Use Policy to Play an Ever-Increasing Role in Statewide Greenhouse Gas Reduction Strategy131


U.S. Department of the Interior Approves Plans for Major Renewable Energy Projects throughout the West133


Court of Appeals:

Ninth Circuit Finds U.S. Bureau of Land Management’s Analysis of Molybdenum Mine Violates NEPA135

Great Basin Resource Watch v. Bureau of Land Management, ___F.3d___, Case No. 14-16812 (9th Cir. Dec. 28, 2016).

Wind Power Projects Still Generating Controversy—Ninth Circuit Reject’s Challenges to Ocotillo Energy Facility Project136

Quechan Tribe of the Fort Yuma Indian Reservation v. U.S. Department of the Interior, ___F.3d___, Case No. 13-55704 (9th Cir. Dec. 21, 2016).


Supreme Court:

California Supreme Court Limits Reach of the Public Records Act139

Los Angeles County Board of Supervisors v. Superior Court, ___Cal.5th___, Case No. S226645 (Cal. Dec. 29, 2016).

California Supreme Court Rejects City’s Attempt to Circumvent a Referendum Restricting Development on Open Space by Amending Its General


Orange Citizens for Parks and Recreation et al. v. The Superior Court of Orange County, ___Cal.5th___, Case No. S212800 (Cal. Dec. 15, 2016).

District Court of Appeal:

Fourth District Court Holds State Ballot Initiative Did Not Affect Duties Imposed by Legislation—State Must Reimburse Local Governments for Legislative Mandates142

County of San Diego v. Commission on State Mandates, ___Cal.App.5th___, Case No. D068657 (4th Dist. Dec. 28, 2016).

First District Court Affirms That Any Individual or Group May Submit Ballot Arguments for Initiative Measure Placed on the Ballot by Proponent144

Eblovi v. Blair, ___Cal.App.5th___, Case No. A148275 (1st Dist. Dec. 1, 2016).

Third District Court Addresses Discovery and Indispensable Parties in Pre-Condemnation Proceed-


Property Reserve, Inc. v. Superior Court of San Joaquin County, ___Cal.App.5th___, Case No. C067758 (3rd Dist. Dec. 16, 2016).

Fourth District Court Holds CEQA Provides No Right to Administrative Appeal of Planning Commission’s Determination That Subsequent Environmental Review Was Not Required149

San Diegans for Open Government et al. v. City of San Diego ___Cal.App.5th___, Case No. D069922 (4th Dist. Dec 7, 2016, ordered published Dec. 16, 2016).

Fifth District Court Finds Governor without Concurrence Authority under Indian Gaming Regulatory Act Where Compacting Power Not Exercised151

Stand up for California! v. State of California, 6 Cal.App.5th 686 (5th Dist. Dec. 12, 2016).

First District Court Applies Supreme Court’s Friends of San Mateo Gardens Decision; Finds No Further Environmental Review Was Required for Light Rail Project152

The Committee for Re-Evaluation of the T-Line Loop v. San Francisco Municipal Transportation Agency, ___Cal.App.5th___, Case No. A147498 (1st Dist. Nov. 29, 2016).