FEATURE ARTICLE
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
REGULATORY DEVELOPMENTS
Federal Agencies to Defer the Applicability of the 2015 ‘Waters of the United States’ Rule104
RECENT FEDERAL DECISIONS
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).
RECENT CALIFORNIA DECISIONS
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
Act115
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-
park118
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-
cy122
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).
