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California Land Use Law & Policy Reporter

July 2017

Volume 26, Number 10 July 2017


California’s Oroville Dam Spillway Incident Preliminary Forensic Investigation Report Released287


Draft Program Environmental Impact Report for Statewide Cannabis Licensing Program Released for Public Review and Comment289


Court of Appeals:

D.C. Circuit Finds Clean Water Act Does Not Expressly Preempt EPA’s Ability to Withhold Data in the Face of a FOIA Request291

Environmental Integrity Project v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1282 (D.C. Cir. 2017).

District Court:

District Court Refuses to Force Department of the Interior to Complete Six-Year NEPA Review of Regulation Exempting Offshore Oil and Gas Exploration293

Center for Biological Diversity v. Zinke, ___F.Supp.3d___, Case No. 16-cv-738 (KBJ) (D. D.C. May 4, 2017).


District Court of Appeal:

Fifth District Court Rejects Arguments of Res Judicata Due to a Lack of Final Decision on the Merits in CEQA/Fracking Case296

Association of Irritated Residents, et al. v. Department of Conservation; Aera Energy, LLC, Real Party in Interest, 11 Cal.App.5th 1202 (5th Dist., ordered published May 25, 2017).

First District Court Affirms Trial Court—Holds That State Universities Are Exempt from Collecting City Parking Tax297

City and County of San Francisco v. Regents of the University of California, ___Cal.App.5th___, Case No. A144500 (1st Dist. May 25, 2017).

Ghosts of Redevelopment Linger in Big Bear Lake—Third District Court Strikes Down City’s Attempt to Preserve Funding299

City of Big Bear Lake v. Cohen, ___Cal.App.5th___, Case No. C076576 (3rd Dist. June 14, 2017).

Sixth District Court Upholds Referendum Challenging Zoning Change301

City of Morgan Hill v. Bushey, ___Cal.App.5th___, Case No. H043426 (6th Dist. May 30, 2017).

Third District Court Reverses Trial Court—Holds City Cannot Use Redevelopment Funds to Pay Revenue Bond Debt303

City of Santa Maria v. Cohen ___Cal.App.5th___, Case No. C081190 (3rd Dist. 2017).

First District Court Rejects a Series of Challenges by Landowner to City’s Authority to Declare and Abate Nuisance under Municipal Ordinance304

Clary v. City of Crescent City ___Cal.App.5th___, Case No. A143684 (1st Dist. Mar. 30, 2017, ordered published May 1, 2017).

First District Court Holds Petitioners May Challenge Actions of Air Quality Management District under CEQA, Need Not Invoke Health and Safety


Friends of Outlet Creek v. Mendocino County Air Quality Management District­­, 11 Cal.App.5th 1235 (1st Dist. 2017).

Second District Court Grants Owner of Landlocked Parcel Equitable Easement without Preexisting


Hinrichs v. Melton, ___Cal.App.5th___, Case No. B267505 (2nd Dist. May 3, 2017).

Fourth District Court Upholds City’s Decision to

Deny Small Subdivision Project Due to Inadequate Mitigated Negative Declaration309

Kutzke v. City of San Diego, ­___Cal.App.5th­­___, Case No. D070288, (4th Dist. May 23, 2017).


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