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California Land Use Law & Policy Reporter

November 2018

Volume 28, Number 2 November 2018




Governor Brown Signs into Law SB 700 Which Extends Energy Storage Program Subsidy through 202540


New Proposed Rule and Pending Supreme Court Case Have the Potential to Limit Designation of Unoccupied Areas as Critical Habitat under Federal Endangered Species Act42


U.S. Supreme Court:

U.S. Supreme Court Denies Appeal in Martins Public Beach Access Case, Letting Stand the Decision of the California Court of Appeal44

Martins Beach I, LLC et al, v. Surfrider Foundation, S. Ct No. 17-1198;

[Surfrider Foundation v. Martins Beach 1, LLC, et al., 14 Cal.App.5th 238 (1st Dist. 2017).]

Circuit Court of Appeals:

Deepening a Circuit Split, Tenth Circuit Holds Six-Year Statute of Limitations Applied to Many Federal Environmental Statutes Is Subject to Equitable Tolling46

Chance v. Zinke, 898 F.3d 1025 (10th Cir. 2018).


District Court of Appeal:

First District Court Affirms Decision that Neighbor Challenge to Store Approval Barred by Res


Atwell v. City of Rohnert Park, ___Cal.App.5th___, Case No. A151896 (1st Dist. Sept. 18, 2018).

Second District Court Finds Futility Exception to Exhaustion of Administrative Remedies Doctrine Not Applicable to Challenge of City’s Building Mora-


Black v. City of Rancho Palos Verdes, ___Cal.App.5th___, Case No. B285135 (2nd Dist. Sept. 6, 2018).

Fourth District Court Overturns City’s Determination That Single Family Home Was Not Exempt from CEQA51

Bottini v. City of San Diego, ___Cal.App.5th___, Case No. D071670 (4th Dist. Sept. 18, 2018).

Fourth District Court Affirms Trial Court Upholding Residential Project in Sensitive Hillside Area53

Friends of Riverside’s Hills v. City of Riverside, ___Cal.App.5th___, Case No. E068350 (filed Aug. 10, 2018, 2018, published Sept. 7, 2018).

Fourth District Court Invalidates County’s CEQA Guidance for Greenhouse Gas Impacts54

Golden Door Properties, Inc. v. County of San Diego, ___Cal.App.5th___, Case No. D072406, (4th Dist. Sept. 28, 2018).

Third District Court Rejects Landowner’s Attempt to Avoid Pollution Enforcement by Asserting Public Interest Exemption of Anti-Slapp Statute56

Takhar v. People Ex Rel. Feather River Air Quality Management District, ___Cal.App.5th___, Case No. C082021 (3rd Dist. Sept. 11, 2018).