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California Land Use Law & Policy Reporter

May 2017

Volume 26, Number 8 May 2017


Fulfilling Campaign Promise, President Trump Begins Expected Repeal of Clean Power Plan223

Governor Brown Signs into Law Controversial Infrastructure Tax Bill224

2017 California Water Law 226


Court of Appeals:

D.C. Circuit Finds It Lacks Jurisdiction to Review EPA’s Decision to Not Follow Eighth Circuit Clean Water Act Precedent228

Center for Regulatory Reasonableness v. U.S. Environmental Protection Agency, ___F..3d___, Case No. 14-1150 (D.C. Cir. Feb. 28, 2017).

Ninth Circuit Addresses Two Incidents of Federal Administrative and Rulemaking on Tribal Lands229

Yazzie v. U.S. Environmental Protection Agency, 851 F.3d 960 (9th Cir. 2017); Hopi Tribe v. U.S. Environmental Protection Agency, 851 F.3d 957 (9th Cir. 2017).

District Court:

District Court Finds Repeated, Egregious Exceedances of Anticipated ‘Take’ Levels of Species under an ESA Take Permit Trigger Reinitiated Formal Consultation231

Hoopa Valley Tribe v. National Marine Fisheries Service, ___F.Supp.3d___, Case No. 16-cv-04294 (N.D. Cal. 2017).

District Court Finds Dredging and Filling of Wetlands an ‘Occurrence’ under a Contractor’s Commercial General Liability Policies233

JTO, Inc. v. Travelers Indemnity Co. of America, ___F.Supp.3d___, Case No. 1:16CV648 (N.D. Ohio Mar. 16, 2017).


Supreme Court:

California Supreme Court Holds EIR for Project Located in the Coastal Zone Needed to Identify

Potential ‘Environmentally Sensitive Habitat


Banning Ranch Conservancy v. City of Newport Beach, ___Cal.5th___, Case No. S227473 (Mar. 30, 2017).

District Court of Appeal:

Third District Court Affirms Denial of Mandate Petition and Upholds Multiple Ordinances Updating County’s Zoning Regulations238

Aptos Council v. County of Santa Cruz, ___Cal.App.5th___, Case No. H042976 (3rd Dist. Mar. 30, 2017).

Second District Court Allows Discovery in Public Records Act Litigation240

City of Los Angeles v. Superior Court, 9 Cal.App.5th 272 (2nd Dist. 2017).

First District Court Finds San Francisco Ordinance Preempted by the Ellis Act242

Coyne v. City and County of San Francisco, ___Cal.App.5th___, Case Nos. A145044-A146569 (1st. Dist. Mar. 21, 2017).

Fourth District Court Rejects CEQA Challenges to County of Riverside’s Approval of Master-Planned Development Project244

Residents Against Specific Plan 380 v. County of Riverside, 9 Cal.App.5th 941 (4th Dist. 2017).