Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

California Land Use Law & Policy Reporter

November 2017

Volume 27, Number 2 November 2017




Senate Bill 35—Streamlined Approval Process for Multi-Family Hous-


Governor Brown Vetoes AB 890, Preserving Initiative Power in Land Use Decisions42


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


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-


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).


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).