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California Land Use Law & Policy Reporter

October 2017

Volume 27, Number 1 October 2017


California WaterFix: A Road Map by Austin C. Cho, Esq. and Meredith E. Nikkel, Esq., Downey Brand LLP, Sacramento, California3


California Bureau of Cannabis Control Issues Notice of Intent to Adopt Initial Study/Negative Declaration for Statewide Commercial Cannabis Licensing Program Regulations9


Circuit Court of Appeals:

Ninth Circuit Upholds FAA’s Finding of No Significant Impact for a New General Aviation Airport Runway11

Barnes et al. v. Federal Aviation Administration, ___F.3d___, Case No. 14-71180 (9th Cir. Aug. 3, 2017).

Ninth Circuit Holds U.S. Forest Service Did Not Violate NEPA or Forest Management Act in Developing Parking Areas in Deschutes National For-


Wild Wilderness v. Allen, ___F.3d___, Case No. 14-35505, (9th Cir. Sept. 8, 2017).


California Supreme Court:

California Supreme Court Finds State Constitution Does Not Prohibit Voters from Proposing Fee Initiatives15

California Cannabis Coalition v. City of Upland, ___Cal.5th___, Case No. S234148 (Cal. Aug. 28, 2017).

District Court of Appeal:

First District Court Affirms Revocation of Development Permits16

Attard v. Board of Supervisors of Contra Costa County, 14 Cal.App.5th 1066 (1st Dist. 2017).

Third District Court Holds Department of Finance Cannot Seek Mandamus or Resort to Self-Help to Force a City to Return Money Transferred from Former Redevelopment Agency18

City of Culver City et al. v. Michael Cohen, 14 Cal.App.5th­­ 1 (3rd Dist. 2017).

Fourth District Court Allows Water District Its Day In Court in Action Alleging Groundwater Contamination in the South Basin20

Orange County Water District v. Sabic Innovative Plastics US, LLC, et al., 14 Cal.App.5th 343(4th. Dist. 2017).

First District Court Holds Subdivision Map Act

Doesn’t Apply to a Non-Subdivision Approval22

Save Laurel Way v. City of Redwood City, 14 Cal.App.5th 1005 (1st Dist. 2017).

Sixth District Court Affirms Trial Court’s Use of Interlocutory Remand Regarding General Plan Consistency Finding23

The Highway 68 Coalition v. County of Monterey, ___Cal.App.5th___, Case No. H042891 (6th Dist. July 31, 2017; ordered partially pub. Aug. 24, 2017).