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California Land Use Law & Policy Reporter

April 2018

Volume 27, Number 7 April 2018

REGULATORY DEVELOPMENTS

U.S. Army Corps of Engineers Seek Trump Administration Clarification of Review Process for Historical Impacts Analysis187

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

D.C. Circuit Vacates Parts of EPA’s Final Rule That Revokes 1997 National Ambient Air Quality Standards189

South Coast Air Quality Management District v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 15-1115, 15-1123 (D.C. Cir. Feb. 16, 2018).

District Court:

District Court Rules That Final EIS/EIR and Biological Opinion for Water Transfers Did Not Fully Comply with NEPA, CEQA, and the ESA191

AquAlliance v. U.S. Bureau of Reclamation, et al., ___F.Supp.3d___, Case No. 1:15-cv-754-LJO-BAM (E.D. Cal. Feb. 15, 2018).

District Court Finds Oakland’s Public Art Ordinance Does Not Violate First Amendment or Takings Clause of Fifth Amendment193

Building Industry Association-Bay Area v. City of Oakland, ___F.Supp.3d___, Case No. 15-cv-03392-VC (E.D. Cal. Feb. 5, 2018).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Group’s Repeated Challenges to Project Regarding Specific Plan Inconsistency and under CEQA Found to be Moot by Fourth District Court196

Advocates for Better Community Development v. City of Palm Springs, et al., Unpub. Dec., Case No. E066193 (4th Dist. Feb. 20, 2018).

Sixth District Court Confirms Microcell Transmitter Project Exempt from CEQA198

Aptos Residents Association v. County of Santa Cruz, ___Cal.App.6th___, Case No. H042854 (6th Dist. Feb. 5, 2018, pub. Feb 27, 2018).

Fourth District Court Upholds CEQA Class 3 Categorical Exemption for Wireless Telecommunications Facility in Dedicated Park200

Don’t Cell Our Parks v. City of San Diego, ___Cal.App.5th___, Case No. D071863 (4th Dist. Mar. 15, 2018).

Second District Court Rejects Property (and Tiger) Owner’s Challenge to Conditional Use Permit Denial in Ventura County202

Hauser v. Ventura County Board of Supervisors, 20 Cal.App.5th 572 (2nd Dist. 2018).

First District Court Rules City Must Place Certified Referendum to Repeal Zoning Ordinance on Ball-

ot203

Save Lafayette v. City of Lafayette, 20 Cal.App.5th 657 (1st Dist. 2018).

Fourth District Court Reverses Trial Court Application of Eminent Domain Statute in Inverse Condemnation Action205

Weiss v. The People ex rel. Department of Transportation___Cal.App.5th___, Case No. G052735 (4th Dist. Mar. 1, 2018).

LEGISLATIVE UPDATE208