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California Land Use Law & Policy Reporter

March 2018

Volume 27, Number 6 March 2018




Can the U.S. Fish and Wildlife Service Designate Uninhabitable Areas as ‘Critical Habitat’ of a Listed Species—Must Courts Defer to Its Interpretation of the ESA?163


U.S. Supreme Court:

U.S. Supreme Court Clarifies Procedure for Challenging Regulations Defining the Scope of the Clean Water Act, Leaving Substance Unresolved165

National Association of Manufacturers v. Department of Defense, ___U.S.___, S. Ct. Case No. 16-299 (U.S. Jan. 22, 2018).

Circuit Court of Appeals:

Ninth Circuit Holds that Use of Groundwater Injection Wells Required Clean Water Act NPDES Permit167

Hawai’i Wildlife Fund et al. v. County of Maui ___F.3d___, Case No. 15-17447, (9th Cir. Feb. 1, 2018).

Tenth Circuit Affirms that Records in the Possession of Third-Party Government Contractor Are Not Subject to Disclosure Request under Freedom of Information Act169

Rocky Mountain Wild, Inc. v. U.S. Forest Service, et al., ___F.3d___, Case No. 17-1119, (10th Cir. Jan. 5, 2018).


District Court of Appeal:

Third District Court Affords Substantial Deference to Fish and Game Commission in Determining Whether Delisting Petitions May Move Forward172

Central Coast Forest Association, et al. v. California Fish & Game Commission, ___Cal.App.3d___, Case No C060569 (3rd Dist. Jan. 5, 2018).

Fourth District Court Rejects CEQA Challenge Based on Failure to Exhaust Administrative Remedies Where City Had Its Own Environmental Procedures174

Clews Land and Livestock, LLC v. City of San Diego, ___Cal.App.5th___, Case No. D071145 (4th Dist. Dec. 20, 2017; Pub. Jan 8, 2018).

Fifth District Court Finds California Air Resources Board Violated CEQA and the APA in Adopting Truck and Bus Regulation Revisions176

John R. Lawson Rock & Oil, Inc. v. California State Air Resources Board, ___Cal.App.5th___, Case No. F074003 (5th Dist. Jan. 31, 2018).

Fourth District Court Finds Post-Judgment Withdrawal of Deposit in Eminent Domain Case Can Require Undertaking178

Medical Acquisition Co., Inc. v. Superior Court, 19 Cal.App.5th 313 (4th Dist. 2018).

Second District Court Finds Homeowner Association has Standing to Bring Inverse Condemnation Suit Related to Los Angeles Transit Route179

Sierra Palms Homeowners Association v. Metro Gold Line Foothill Extension Construction Authority, ___Cal.App.5th___, Case No. B275241 (2nd Dist. Jan. 29, 2018).

Fifth District Court Finds Environmental Impact Report for General Plan Update Was Not Required to Analyze Urban Decay181

Visalia Retail, LP v. City of Visalia, ___Cal.App.5th___, Case No. F074118 (5th Dist. Jan. 30, 2018).