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California Land Use Law & Policy Reporter

January 2018

Volume 27, Number 4 January 2018


California Rings in the New Year with a Comprehensive Housing Bill Package that Takes Full Effect on January 1, 2018 by Nedda Mahrou, Esq., Jackson Tidus, APC, Irvine, California99


Federal Agencies to Defer the Applicability of the 2015 ‘Waters of the United States’ Rule104


District Court:

District Court Finds City’s Property Interest in Its Stormwater Management Systems Allow It to Pursue a Public Nuisance Claim106

City of San Diego v. Monsanto Company, ___F.Supp.3d___, Case No. 15cv578-WQH-AGS (S.D. Cal. Nov. 22, 2017).

U.S. Bankruptcy Court Finds Purchasers of Covered Entities under the California Air Resources Board’s ‘Cap-and-Trade Program’ Do Not Assume Successor Liability108

In re La Paloma Generating Company, et al., Case No 16-12700 (Bnkr. D. Del. 2017).


District Court of Appeal:

Fifth District Court Affirms Use of Older Environmental Baseline and Use of Cap-and-Trade Program to Mitigate GHG Emissions but Reverses on Disclosure of Certain Impacts111

Association of Irritated Residents v. Kern County Board of Supervisors___Cal.App.5th___, Case No. F073892 (Partially Published, 5th Dist. Nov. 21, 2017).

Fourth District Court Rejects Challenge to City’s Denial of Permit to Construct Residence113

Czajkowski v. City of Laguna Beach et al., Unpub. Dec., Case No. G052900 (4th Dist. Nov. 27, 2017).

Second District Court Refuses to Loosen the Claim Filing Requirements of the Government Claims


Olson v. Manhattan Beach Unified School District et al., ___Cal.App.5th___, Case No. B272340 (2nd Dist. Nov. 29, 2017).

Sixth District Court Issues Decision in Public Nuisance Case Alleging Cause of Actions for Sea-Level Rise Relating to Climate Change116

People v. ConAgra Grocery Products Co., 17 Cal.App.5th 51 (6th Dist. 2017).

Fourth District Court Finds Taxpayers Have Standing to Bring Conflict of Interest Claim Challenging Ordinance that Authorized Refinancing Bonds for Ball-


San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego, 16 Cal.App.5th 1273 (4th Dist. 2017).

Second District Court Finds Lawsuit Challenging City Issuance of Permit for Residential Fence Was Not Subject to an Anti-SLAPP Motion120

Shahbazian v. City of Rancho Palos Verdes ___Cal.App.5th___, Case No. B271562 (2nd Dist. Nov. 22, 2017).

Fourth District Court Finds Charter City Exempt from the Requirement for General Plan Consisten-


The Kennedy Commission et. al., v. City of Huntington Beach et al., ___Cal.App.5th___, Case No. E065358 (4th Dist. Nov. 20, 2017).

First District Court Finds Lead Agency Must Identify Preferred Project Alternative in Draft EIR—Equal Analyses of Project Alternatives Did Not Provide a ‘Finite Project’ for CEQA Purposes123

Washoe Meadows Community v. Department of Parks and Recreation, 17 Cal.App.5th 277 (1st Dist. 2017).