FEATURE ARTICLE
35
LAND USE NEWS
Senate Bill 35—Streamlined Approval Process for Multi-Family Hous-
ing41
Governor Brown Vetoes AB 890, Preserving Initiative Power in Land Use Decisions42
REGULATORY DEVELOPMENTS
U.S. Fish and Wildlife Service Completes Reinitiated Consultation on the 2008 Delta Smelt Biological Opinion and Associated Incidental Take for the 2017 Water Year44
California’s Proposed Wetlands Definition and Procedures for the Discharge of Dredged or Fill Materials to ‘Waters of the State’ Expected to Have Widespread Implications45
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Upholds Fish and Wildlife Service Determination that Desert Eagles Are Not a ‘Distinct Population Segment’ Eligible for ESA List-
ing48
Center for Biological Diversity v. Zinke, ___F.3d___, Case No. 14-17513 (9th Cir. Aug. 28, 2017).
Tenth Circuit Finds Statute Prohibiting Individuals from Crossing Private Lands to Collect Environmental Data from Adjacent Public Land Subject to First Amendment Protection49
Western Watersheds Project, et al. v. Peter K. Micheal, et al., ___F.3d___, Case No. 16-8083 (10th Cir. Sept. 7, 2017).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
First District Court Upholds Ordinance Granting Limited Immunity to Cannabis Dispensaries that Paid Past Business Taxes52
City of Vallejo v. NCORP4, ___Cal.App.5th___, Case No. A149907 (1st Dist. Sept. 27, 2017).
First District Court Upholds State Water Board’s Substitute Environmental Document for Maintaining Instream Flows in California Coastal Streams54
Living Rivers Council v. State Water Resources Control Board, ___Cal.App.5th___, Case No. A148400 (1st Dist. Sept. 28, 2017; modified Oct 17, 2017).
First District Court Clarifies Certified Regulatory Programs Remain Subject to Substantive CEQA Requirements56
Pesticide Action Network North America v. California Department of Pesticide Regulation, 15 Cal.App.5th 478 (1st. Dist. 2017).
First District Court Rejects Unusual-Circumstances Exception Challenge to City’s CEQA Exemption Determination for Planned Parenthood Clinic58
Respect Life South San Francisco v. City of South San Francisco, 15 Cal.App.5th 449 (1st. Dist. 2017).
No Vote Instead of Voting ‘No’—First District Court Affirms Rejection of Referendum on City’s Sale of Property for Hotel Project59
San Bruno Committee for Economic Justice v. City of San Bruno, 15 Cal.App.5th 524 (1st Dist. 2017).
