Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

California Land Use Law & Policy Reporter

June 2018

Volume 27, Number 9 June 2018




Circuit Court of Appeals:

Ninth Circuit Upholds Department of the Interior/BIA’s Decision to Take Land into Trust for Tribal Casino Project256

Cachil Dehe Band of Wintun Indians of Colusa Indian Community v. Zinke, ___F.3d___, Case No. 17-15245 (9th Cir. May 2, 2018).

Ninth Circuit Holds Mobile Home Park Rent Increase Not a Regulatory Taking under the Fifth Amendment258

Colony Cove Properties, LLC v. City of Carson, ___F.3d___, Case No. 16-56255 (9th Cir. Apr. 23, 2018).

Ninth Circuit Affirms District Court’s Grant of Summary Judgment Upholding EIS/EIR and Clean Water Act Permit for Newhall Ranch Project259

Friends of the Santa Clara River v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 15-56337 (9th Cir. Apr. 9, 2018).

Ninth Circuit Holds that Extinction-Level Threat to Listed Species Is Not Required before an Injunction Can Issue under the Endangered Species


National Wildlife Federation v. National Marine Fisheries Service, ___F.3d___, Case No. 17-35462 (9th Cir. Apr. 2, 2018).

District Court:

U.S. District Court Addresses NEPA Claims Regarding Resource Management Plans for Coal Development in Powder River Basin263

Western Organization of Resource Councils v. U.S. Bureau of Land Management, ___F.Supp.3d___, Case No. 4:16-cv-00021 (D. Mt. Mar. 26, 2018).


District Court of Appeal:

First District Court Finds San Francisco Housing Discrimination Ordinance Not Preempted by Fair Employment and Housing Act265

City and County of San Francisco v. Post, ___Cal.App.5th___, Case No. A149136 (1st Dist. Apr. 11, 2018).

Second District Court Rules Collateral Estoppel Bars Writ of Mandate/Inverse Condemnation Action266

Eastgate Petroleum, LLC v. County of San Luis Obispo, Unpublished, Case No. B278944 (2nd Dist. Apr. 2, 2018).

Second District Court Affirms Approval of Conditional Use Permit Allowing Development of Television Studio on Land Designated as Open Space268

Munyan v. City of Los Angeles, Unpublished, Case No. B279972 (2nd Dist. Apr. 16, 2018).

First District Court Rejects CEQA Challenges to Environmental Impact Report for Propane and Butane Recovery Project270

Rodeo Citizens Association v. County of Contra Costa, ___Cal.App.5th___, Case No. A151184 (1st Dist. Mar. 20, 2018; Pub. Apr. 12, 2018).

First District Court Holds Ellis Act Preempts City Ordinance Prohibiting Renovations of Certain

Rental Units for Ten Years272

Small Property Owners of San Francisco Institute v. City and County of San Francisco, ___Cal.App.5th ___, Case No. A145860 (1st Dist. Apr. 11, 2018).