FEATURE ARTICLE
Attainable Housing and the Missing Middle—The Struggle to Achieve the American Dream of Homeownership Is Real by Michele A. Staples, Esq. and Nedda Mahrou, Esq., Jackson Tidus, APC, Irvine, California95
RECENT FEDERAL DECISIONS
U.S. Supreme Court:
U.S. Supreme Court Reverses Fifth Circuit—Limits Agency Discretion under the Endangered Species Act in Addressing the Dusky Gopher Frog100
Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, ___U.S.___, Case No. 17-71 (Nov. 27, 2018).
District Court:
District Court Concludes Federal Agencies’ Environmental Assessment of Coastal ‘Fracking’ Violated the ESA and Coastal Zone Act101
Environmental Defense Center v. U.S. Bureau of Ocean Energy Management, ___F.Supp.3d___, Case No. CV168418PSGFFMX (C.D. Cal. Nov. 9, 2018).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Sixth District Court Affirms that a Peremptory Writ Is a Final Judgment under CEQA Based upon Its ‘Substance and Effect’104
Alliance of Concerned Citizens Organized For Responsible Development v. City of San Juan Bautista, ___Cal.App.5th___, Case No. H044410 (6th Dist. Nov. 26, 2018).
Fourth District Court Rules in Favor of Coastal Commission and City of Solana Beach in Constitutional Challenge to Land Use Plan Amend-
ments106
Beach and Bluff Conservancy v. City of Solana Beach, 28 Cal.App.5th 244 (4th Dist. 2018).
Second District Court Affirms Trial Court’s Invalidation of City Billboard Agreement109
Citizens For Amending Proposition L v. City of Pomona, ___Cal.App.5th___, Case No. B283740 (2nd Dist. Nov. 7, 2018).
Third District Court Finds Local Government May Base Its CEQA Impact Analysis on Reasonably Foreseeable Levels of Growth and Development110
High Sierra Rural Alliance v. County of Plumas, 29 Cal.App.5th 102 (3rd Dist. 2018).
First District Court Holds Sand Mining is Not Public Trust Use But Upholds Finding that Mine Will Not Impair the Public Trust112
San Francisco Baykeeper, Inc. v. State Lands Commission, 29 Cal.App.5th 562 (1st Dist. 2018).
Second District Court Denies Community Group Challenge to West Los Angeles Mixed-Use Development Project114
Westsiders Opposed to Overdevelopment v. City of Los Angeles, 27 Cal.App.5th 1079 (2nd Dist. 2018).
Third District Court Addresses Proposition 218 and a Municipal Referendum Seeking to Alter Water Rates to Facilitate Water Infrastructure116
Wilde v. City of Dunsmuir, ___Cal.App.5th___, Case No. C082664 (3rd Dist. Nov. 15, 2018).
