FEATURE ARTICLE
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
LAND USE NEWS
President Trump Signs Executive Order ‘America-First Offshore Energy Strategy’ Reversing Obama’s Ban on Oil and Gas Drilling in the Outer Continental Shelf261
RECENT FEDERAL DECISIONS
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).
RECENT CALIFORNIA DECISIONS
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).
LEGISLATIVE UPDATE278
