FEATURE ARTICLE
National Security and NEPA—The Ninth Circuit Upholds an EIS for a Navy Explosives Handling Wharf—But Remands the Case to the U.S. District Court for Disclosure-Related First Amendment Issues by Chris Stiles, Esq., Remy Moose Manley, LLP, Sacramento, California319
LAWSUITS FILED OR PENDING
Farm Groups’ Suit Requests to Set Aside Federal Rule Designating over 1.8 Million Acres of Critical Habitat323
RECENT FEDERAL DECISIONS
U.S. Supreme Court Addresses New Multi-Factor Test in Regulatory Takings Analysis325
Murr v. Wisconsin, ___U.S.___, 137 S.Ct. 1933, (June 23, 2017).
RECENT CALIFORNIA DECISIONS
California Supreme Court:
California Supreme Court Upholds Greenhouse Gas Threshold Analysis in Regional Transportation Plan327
Cleveland National Forest Foundation v. San Diego Association of Governments ___Cal.5th___, Case No. S223603 (July 13, 2017).
California Supreme Court Finds No Conflict in Applying CEQA to Rail Project329
Friends of Eel River v. North Coast Railway Authority, ___Cal.5th___, Case No. S222472 (July 27, 2017).
California Supreme Court Finds Plaintiffs Forfeited Right to Challenge Legality of Permit Conditions by Constructing Project Prior to Judicial Determination on Their Objections331
Lynch v. California Coastal Commission, 3 Cal.5th 470 (2017).
California Supreme Court Finds California Private Property Rights Confirmed over ‘Dedication’ by Mere Implication333
Scher et al., v. Burke et al., ___Cal.5th___, Case No. S230104 (June 15, 2017).
District Court of Appeal:
Fourth District Court Rejects CEQA Challenge to Public Acquisition of Property335
Bridges v. Mt. San Jacinto Community College District, ___Cal.App.5th___, Case No. E065213 (4th Dist. Aug. 8, 2017).
Third District Court Holds City’s Cooperative Agreement with Former Redevelopment Agency Rendered Unenforceable by Dissolution Law336
City of Galt v. Cohen ___Cal.App.5th___, Case No. C075897 (3rd Dist. June 2, 2017).
First District Court Orders Land Owner to Open Beach to Public Access338
Surfrider Foundation v. Martins Beach 1 LLC et al., ___Cal.App.5th___, Case Nos. Land Owner A144268, A145176 (1st Dist. Aug. 9, 2017).
Second District Court Confirms Illegality of Initiative Operating to Place Adjudicatory Powers in the Hands of the Electorate340
The Park at Cross Creek, LLC v. City of Malibu, 12 Cal.App.5th 1196 (2nd Dist. 2017).
LEGISLATIVE UPDATE342