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California Land Use Law & Policy Reporter

February 2019

Volume 28, Number 5 February 2019


California Supreme Court Issues Highly-Anticipated CEQA Decision Addressing the Standard of Review for EIRs and Requirements for Air Quality Analyses by Chris Stiles, Esq., Remy Moose Manley, LLP, Sacramento, California123


Shasta Dam Project Update: Progressing through the CEQA and NEPA Regulatory Process129

California Department of Water Resources Moves Forward on Salton Sea Habitat Conservation Project130


State of Wyoming Files Appeal to the Ninth Circuit Seeking to Overturn the District Court’s Decision Regarding the ESA Listing of the Greater Yellowstone Grizzly Bear132

California Supreme Court to Decide Whether Permits for Groundwater Wells Are Subject to CEQA135

California’s New Governor and Housing: Gavin Newsom Directs Lawsuit Alleging City’s Housing Element Violates the Housing Element Law137


Circuit Court of Appeals:

Fourth Circuit Grants Petition for Review of Special Use Permit and ROD Issued by Forest Service for Natural Gas Pipeline139

Cowpasture River Preservation Association v. U.S. Forest Service, 911 F.3d 150 (4th Cir. 2018).

Ninth Circuit Finds Fish and Wildlife Service Could Not Withhold Draft Jeopardy Opinions from Dis-closure under FOIA Exemption140

Sierra Club, Inc. v. U.S. Fish and Wildlife Service, 911 F.3d 967 (9th Cir. 2018).


District Court of Appeal:

Third District Court Applies CEQA Fair Argument Standard to Mitigated Negative Declaration—Requires EIR142

Georgetown Preservation Society v. County of El Dorado, et al., ___Cal.App.5th___, Case No. C084872 (3rd Dist. Dec. 17, 2018).

Fourth District Court Affirms Attorney’s Fees Award for Trespass to ‘Lands under Cultivation’ Despite No Damage to Cultivated Portion of Property144

Hoffman v. Superior Ready Mix Concrete, L.P., ___Cal.App.5th___, Case No. D072929 (4th Dist. Dec. 19, 2018).

Sixth District Court Finds School District Methodology for Determining Developer Fees Ran Afoul of Shapell Industries Factors146

Summerhill Winchester LLC v. Campbell Union School District, ___Cal.App.5th___, Case No. H043253 (6th Dist. Dec. 4; certified for pub. Dec 20, 2019).