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California Land Use Law & Policy Reporter

June 2017

Volume 26, Number 9 June 2017


Defining ‘The Waters’ Congress Intended the Clean Water Act to Regulate: Does Justice Kennedy’s ‘Significant Nexus’ Notion Hold Water? by David M. Ivester, Esq., Briscoe Ivester 255


President Trump Signs Executive Order ‘America-First Offshore Energy Strategy’ Reversing Obama’s Ban on Oil and Gas Drilling in the Outer Continental Shelf261


District Court:

District Court Rules the Clean Water Act Authorizes Citizen Suits against Anyone that Is Currently Violating Certification under Section 401263

Deschutes River Alliance v. Portland General Electric Company, ___F.Supp.3d___, Case No. 3:16-cv-1644-SI (D. Or. Mar. 27, 2017).


District Court of Appeal:

Fourth District Court Grants Requests to Publish Case Addressing Statute of Limitations to Challenge a Land Use Permit265

Citizens for Beach Rights v. City of San Diego, ___Cal.App.5th___, Case No. D069638 (4th Dist. Mar. 28, 2017).

First District Court Reverses Trial Court—Holds That a Minor Is Not a Tenant Entitled to a Relocation Payment under Rent Ordinance266

Danger Panda, LLC v. Launiu, ___Cal.App.5th___, Case No. A149062 (1st Dist. Apr. 4, 2017).

On Remand, First District Court Expands upon the Scope of CEQA Review to Changes to Project Approved under Mitigated Negative Declaration268

Friends of the College of San Mateo Gardens v. San Mateo Community College District, ___Cal.App.5th___, Case No. A135892 (1st Dist. May 5, 2017).

Third District Court Finds Appellants Have No Vested Right to Surface Mine269

Joe Hardesty, et al. v. State Mining and Geology Mining Board, Unpub., Case No. C079617 (3rd Dist. Apr. 17, 2017).

Fourth District Court Holds Project Proponents May Be Awarded Attorneys’ Fees under Private Attorney General Doctrine—But Denies Fees under Adoption of Joshua S271

Save our Heritage Organisation v. City of San Diego, ___Cal.App.5th___ , Case No. D070006 (4th Dist. Apr. 27, 2017).

First District Court Rules that Issuance of Erosion-Control Permit under Sonoma County Ordinance Was a Ministerial Act, Exempt from CEQA272

Sierra Club v. County of Sonoma, ___Cal.App.5th___, Case No. SCV-255465 (1st Dist. Apr. 21, 2017).

Second District Court Reverses Course and Refuses to Uphold Relief for CEQA Lawyer’s Failure to Lodge Administrative Record274

The Urban Wildlands Group, Inc. v. City of Los Angeles, 10 Cal.App.5th 993 (2nd Dist. 2017).

Fourth District Court Finds City’s Historical Property Designation Was Supported by Sufficient Findings and Substantial Evidence276

Young v. City of Coronado, 10 Cal.App.5th 408 (4th Dist. 2017).