FEATURE ARTICLE
131
REGULATORY DEVELOPMENTS
Key Sustainable Management Criteria Best Management Practices Publication for Groundwater Management in Development by DWR135
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Reverses Dismissal of Facial First Amendment Challenge to County Zoning Ordinance138
Epona, LLC et al. v. County of Ventura, 876 F.3d 1214 (9th Cir. 2017).
Ninth Circuit Upholds Forest Service’s Determination That Uranium Mine Had Existing Rights Predating Land Withdrawal, Rejects Plaintiffs’ NEPA Claims140
Havasupai Tribe v. Provencio, 876 F.3d 1242 (9th Cir. 2017).
Ninth Circuit Upholds Obama-Era Ban on New Uranium Mining near Grand Canyon142
National Mining Association v. Zinke, 877 F.3d 845 (9th Cir. Dec. 12, 2017)
D.C. Circuit Holds Department of the Interior’s Decision That Federally Recognized Indian Tribe Has the Authority to Operate Casino Conforms to the Clean Air Act143
Stand Up for California!, et al. v. U.S. Department of the Interior, ___F.3d___, Case No. 16-5327 (D.C. Cir Jan. 12, 2018).
Tenth Circuit Holds Conservation Groups May Intervene in Litigation Taking Aim at Oil and Gas Leasing Policy Reforms Conservation Groups Had Negotiated with BLM146
Western Energy Alliance v. Zinke, 877 F.3d 1157 (10th Cir. 2017).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Second District Court Affirms Lower Court Judgment Partially Decertifying EIR and Leaving Project Approvals in Place149
Center for Biological Diversity v. California Department of Fish and Wildlife, ___Cal.App.5th___, Case No. B280815 (2nd Dist. Dec. 4, 2017).
Fourth District Court Affirms Trial Court Dismissing CEQA Action for Failure of Petitioner to Submit to Discovery151
CREED-21 v. City of Wildomar, ___Cal.App.5th___, Case No. E066367 (4th Dist. Nov 28, 2017; publication order Dec. 19, 2017).
Second District Court Upholds EIR’s Preservation Alternative for ‘Iconic Gateway’ Project in West Hollywood152
Los Angeles Conservancy v. City of West Hollywood, ___Cal.App.5th___, Case No B270158 (2nd Dist. Dec. 22, 2017).
Superior Court:
Superior Court Rules against Regulating Agencies’ Cleanup, Abatement and Cease and Desist Orders Relating to Work Done on Point Buckler Island in Suisun Marsh154
John Sweeney and Point Buckler Club, LLC v. San Francisco Bay Conservation and Development Commission, et al., Case Nos. FCS048136, FCS048861 (Solano Super. Ct. Dec. 26 & 27, 2017).
California Court of Appeal Determines that Refinery Project Greenhouse Gas Analysis—Based On Compliance With California’s Cap-And-Trade Program
—Does Not Violate CEQA
By Martin P. Stratte, Esq.
Key Sustainable Management Criteria Best Management Practices Publication for Groundwater Management
In Development by DWR
Ninth Circuit Reverses Dismissal of Facial First Amendment Challenge to County Zoning Ordinance
Epona, LLC et al. v. County of Ventura, 876 F.3d 1214 (9th Cir. 2017).
Ninth Circuit Upholds Forest Service’s Determination that Uranium Mine Had Existing Rights Predating Land Withdrawal, Rejects Plaintiffs’ NEPA Claims
Havasupai Tribe v. Provencio, 876 F.3d 1242 (9th Cir. 2017).
Ninth Circuit Upholds Obama-Era Ban
On New Uranium Mining Near Grand Canyon
National Mining Association v. Zinke, 877 F.3d 845 (9th Cir. Dec. 12, 2017).
D.C. Circuit Holds Department of the Interior’s Decision that Federally Recognized Indian Tribe has the Authority to Operate Casino Conforms to the Clean Air Act
Stand Up for California!, et al. v. U.S. Department of the Interior,
___F.3d___, Case No. 16-5327 (D.C. Cir Jan. 12, 2018).
Tenth Circuit Holds Conservation Groups May Intervene
In Litigation Taking Aim at Oil and Gas Leasing Policy Reforms Conservation Groups Had Negotiated With BLM
Western Energy Alliance v. Zinke, 877 F.3d 1157 (10th Cir. 2017).
Second District Court Affirms Lower Court Judgment Partially Decertifying EIR
and Leaving Project Approvals In Place
Center for Biological Diversity v. California Department of Fish and Wildlife,
___Cal.App.5th___, Case No. B280815 (2nd Dist. Dec. 4, 2017).
Fourth District Court Affirms Trial Court Dismissing CEQA Action For Failure of Petitioner to Submit to Discovery
CREED-21 v. City of Wildomar, ___Cal.App.5th___,
Case No. E066367 (4th Dist. Nov 28, 2017; publication order Dec. 19, 2017).
Second District Court Upholds EIR’s Preservation Alternative For ‘Iconic Gateway’ Project In West Hollywood
Los Angeles Conservancy v. City of West Hollywood,
___Cal.App.5th___, Case No B270158 (2nd Dist. Dec. 22, 2017).
Superior Court Rules Against Regulating Agencies’ Cleanup, Abatement and Cease and Desist Orders Relating to Work Done On Point Buckler Island in Suisun Marsh
John Sweeney and Point Buckler Club, LLC v. San Francisco Bay Conservation and Development Commission, et al., Case Nos. FCS048136, FCS048861 (Solano Super. Ct. Dec. 26 & 27, 2017).
