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California Land Use Law & Policy Reporter

December 2019

Volume 29, Number 3 December 2019


The 2019 California Year-End Land Use Legislative Wrap Up by Paige

Gosney, Esq., Gresham Savage Nolan & Tilden, P.C., San Bernardino,



Scripps Institute Report Indicates Climate Change May Shift Santa Ana Winds, Worsening Fire Risks73


U.S. Bureau of Land Management Finds Negligible Risk to Water Resources Posed by Hydraulic Fracturing in Portions of California75

Advocacy Groups Petition the National Marine Fisheries Service to List Spring-Run Oregon Coast Chinook Salmon under the Federal Endangered Species Act76


Circuit Court of Appeals:

Ninth Circuit Rejects Claim that Approval of Industrial-Scale Wind Facility the Violated the APA, NEPA, and Bald and Golden Eagle Protection


Protect Our Communities Foundation v. Lacounte, 939 F.3d 1029 (9th Cir. 2019).

District Court:

U.S. Army Corps of Engineers’ 2017 Nationwide Permit for Commercial Shellfish Aquaculture Set Aside by the District Court81

Coalition to Protect Puget Sound Habitat v. U.S. Army Corps. of Engineers, ___F.Supp.3d___, Case No. 17-1209RSL (W.D. Wash. Oct. 10, 2019).


District Court of Appeal:

Third District Court Upholds Approval of Big Box Store Expansion Despite Claim that Impact Analysis Failed to Consider Loss of ‘Close and Convenient’ Shopping83

Chico Advocates v. City of Chico, 40 Cal.App.5th 839 (2nd Dist. 2019).

Third District Court Upholds Trial Court’s Denial of Demurrer Allowing Action for Refund of Mitigation Fees to Proceed85

County of El Dorado v. Superior Court of El Dorado County, ___Cal.App.5th___, Case No. C088409 (3rd Dist. Oct. 30, 2019).

First District Court Finds Remedy for General Plan Rendered Internally Inconsistent by Initiative Was for City to Cure the Inconsistency87

Denham, LLC v. City of Richmond, ___Cal.App.5th___, Case No. A154759 (1st. Dist. Oct. 25, 2019).

First District Court Upholds Mitigated Negative Declaration for Winery Expansion Despite Contrary Expert Opinion88

Maacama Watershed Alliance v. County of Sonoma, 40 Cal.App.5th 1007 (1st Dist. 2019).

First District Court Upholds City’s Designation of Apartment Building as a Landmark under the City’s Municipal Code91

Rue-Ell Enterprises, Inc. v. City of Berkeley, Unpub., Case A154050 (1st Dist. Oct. 31, 2019).

Fourth District Court Upholds California Coastal Commission’s Certification of San Diego Unified Port District Master Plan Amendment93

San Diego Navy Broadway Complex Coalition v. California Coastal Commission, 40 Cal.App.5th 563 (4th Dist. 2019).