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California Land Use Law & Policy Reporter

January 2019

Volume 28, Number 4 January 2019


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


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).


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-


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).