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California Land Use Law & Policy Reporter

April 2017

Volume 26, Number 7 April 2017


Proposed ‘Preserve California’ Legislation Seeks to Safeguard California from Anticipated Environmental Cutbacks and Eliminations from the Trump Administration191

Los Angeles Voters Defeat Ballot Initiative ‘Measure S’ which Would Have Imposed a Development Ban193


Court of Appeals:

Ninth Circuit Reverses District Court Decision Involving EPA Registration of Pesticide and Alleged Violation of the Endangered Species Act195

Center for Biological Diversity v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-16977 (9th Cir. Feb. 2, 2017).

Divided Fifth Circuit Decides Areas Uninhabitable by a Species May Nonetheless Be Designated that Species’ ‘Critical Habitat’ under the ESA196

Markle Interests, L.L.C., et al. v. U.S. Fish and Wildlife Service, et al., ___F.3d___, Case Nos. 14-31008, Cons. with 14-31021 (5th Cir. Feb 13, 2017).

Ninth Circuit Confirms Bureau of Reclamation Has Broad Authority to Release Water from Trinity River for Downstream Fish Benefits198

San Luis and Delta-Mendota Water Authority v. Haugrud, ___F.3d___, Case No. 14-17493 (9th Cir. Feb. 21, 2017).

District Court:

Federal Telecommunications Act and Local Land Use Authority—District Court Finds City’s Denial of Telecommunications Site Permit Unreason-


GTE Mobilnet of California Limited Partnership v. City of Watsonville, ___F.Supp.3d___, Case No. 16-cv-03987 NC (N.D. Cal. Feb. 7, 2017).


Supreme Court:

California Supreme Court Rules Public Officials’ and Employees’ Personal Email Accounts Are Subject to Disclosure under Public Records Act202

City of San Jose et al. v. Superior Court of Santa Clara County, ___Cal.5th___, Case No. S218066 (Mar. 2, 2017).

District Court of Appeal:

Fourth District Court Upholds Lower Court Finding San Diego Not Liable for Public Nuisance Due to Sea Lion Waste Odors203

Citizens for Odor Nuisance Abatement v. City of San Diego, ___Cal.App.5th___, Case No. D068086 (4th Dist. Feb. 9, 2017).

Third District Court Upholds Denial of Petition for Writ of Mandate Seeking to Prevent Redevelopment Housing Funds Return to Orange Count205

Cuenca v. Cohen, ___Cal.App.5th___, Case No. D076814 (3rd Dist. Feb. 6, 2017).

Second District Court Finds Cutting Neighbor’s Trees in Violation of Timber Trespass Statutes Subjects Defendant to Possible Treble Damages207

Fulle v. Kanani, 7 Cal.App.5th 1305 (2nd Dist. 2017).

First District Court Expounds upon ‘Full Text Rule’ for Initiatives—Deals Blow to County Initiative to Protect Oak Woodlands209

Wilson v. County of Napa, ___Cal.App.5th___, Case No. A149153 (1st Dist. Feb. 28, 2017).