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California Land Use Law & Policy Reporter

July 2019

Volume 28, Number 10 July 2019


U.S. Supreme Court to Decide If Discharges of Pollutants to Groundwater Hydrologically Connected to Surface Waters Require a Clean Water Act Permit by Nicole E. Granquist, Esq. and Meghan Quinn, Esq., Downey Brand, LLP, California283


Facing Sea Level Rise, California Coastal Commission Tests Powers for ‘Managed Retreat’ of Homes Along the Coastline289


Circuit Court of Appeals:

Ninth Circuit Rules Access Regulation under Labor Relations Act Is Not an Unconstitutional Permanent Physical Invasion of Private Property291

Cedar Point Nursery v. Shiroma, 923 F.3d 524, Case No. 16-16321 (9th Cir. 2019).

Ninth Circuit Addresses How the National Historic Preservation Act Applies to Delayed Mining Project292

Havasupai Tribe v. Provencio, 906 F.3d 1155 (9th Cir. 2019)


District Court of Appeal:

First District Court Strikes Down City’s Park Impact Fees as Violating the Mitigation Fee Act295

Boatworks, LLC v. City of Alameda, ___Cal.App.5th___, Case No. A151063 (1st Dist. May 15, 2019).

Third District Court Upholds Programmatic EIR Analyzing Hydraulic Fracturing and Other Well Stimulation Treatments throughout the State296

Center for Biological Diversity v. California Department of Conservation, ___Cal.App.5th___, Case No. C083913 (3rd Dist. May 16, 2019).

Third District Court Reverses Superior Court Decision Denying Costs and Fees to Plaintiff Following Petition for Writ of Mandate298

Friends of Spring Street v. Nevada City, ___Cal.App.5th___, 245 Cal.Rptr.3d 592 (3rd Dist. Apr. 4, 2019).

First District Court Invalidates Local Ordinance Imposing Groundwater Extraction Limits300

Gomes v. Mendocino City Community Services District, ___Cal.App.5th___, Case No. A153078 (1st Dist. May 14, 2019).

Third District Court Rejects Challenge to Project Approvals on Statute of Limitations Grounds302

Harris v. City of Woodland, Unpub., Case No. C087349 (3rd Dist. Apr. 23, 2019).

Fifth District Court Holds Irrigation District Has Authority to Terminate Water Delivery to Enforce Easement Rights303

Inzana v. Turlock Irrigation District Board of Directors, ___Cal.App.5th___, Case No. 2014325 (5th Dist. May 16, 2019)

Third District Court Rejects Petitioner’s Challenge to City of Los Angeles’ Authority and Process by Which It Issues Use Variances305

McQuiston v. City of Los Angeles, Unpub., Case No. B285686 (3rd Dist. Apr. 17, 2019).