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California Land Use Law & Policy Reporter

April 2019

Volume 28, Number 7 April 2019


California Water Commoditized?—A New Pricing Index Emerges on the NASDAQ by Derek Hoffman, Esq. and Michael Duane Davis, Esq., Gresham|Savage, San Bernardino, California187


President Trump Cuts Funding for California’s High-Speed Rail192


Circuit Court of Appeals:

Trump Administration’s Border Wall—Ninth Circuit Determines Illegal Immigration Act Allows for DHS’ Waiver of Environmental Laws194

Center for Biological Diversity et al. v. U.S. Department of Homeland Security et al., ___F.3d___, Case Nos. 158-55474; 18-55475; and 18-55476 (9th Cir. Feb 11, 2019).

District Court:

District Court Grants Summary Judgment to U.S. Fish and Wildlife Service in Response to Texas’ Efforts to Delist Warbler from the Endangered Species Act196

General Land Office of Texas v. U.S. Fish & Wildlife Service, ___F.Supp.3d___, Case No. 1:17-cv-00538-SS (W.D. Tex. Feb. 6, 2019).

District Court Finds BLM’s Failure to Quantify Greenhouse Gas Emissions Prior to Authorization of Oil and Gas Leases Violated NEPA198

WildEarth Guardians, et al. v. Zinke, et al., ___F.Supp.3d___, Case No. 16-1724 (D. D.C. Mar 19, 2019).


District Court of Appeal:

Fourth District Court Finds Coastal Commission’s Coastal Act ‘Do Novo’ Review Moots CEQA Challenge to Local Agency’s Approval of Coastal Per-


Fudge v. City of Laguna Beach, ___Cal.App.5th___, Case No. G055711 (4th Dist. Feb. 13, 2019).

Third District Court Rejects Challenge to Recirculated Environmental Impact Report for Quarry


Ione Valley Land, Air, and Water Defense Alliance, LLC v. County of Amador, Unpub., Case No. C081893 (3rd Dist. Feb. 26, 2019).

Second District Court finds Eminent Domain

Condemnee Need Only Prove Any Unavoidable Loss of Goodwill to Establish Entitlement to Compens-


Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops, Inc., ___Cal.App.5th___, Case No. B276280 (2nd Dist. Feb. 26, 2019).

Sixth District Court Affirms Trial Court’s Upholding

of Zoning Ordinance Regulating Livestock205

Perez v. County of Monterery, ___Cal.App.5th___, Case No. H044364 (6th Dist. Feb. 14, 2019).

Second District Court Distinguishes between Brown Act Requirements for Regular Meetings and Special


Preven v. City of Los Angeles, Unpub., Case No. B287559 (2nd Dist. Feb. 22, 2019).

First District Court Upholds EIR For Mixed-Use Development Project in San Francisco208

SOMCAN v. City and County of San Francisco, ___Cal.App.5th___, Case No. G055711 (4th Dist. Feb. 13, 2019).