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California Land Use Law & Policy Reporter

November 2020

Volume 30, Number 2 November 2020




U.S. Army Corps of Engineers Publishes Proposal to Reissue and Modify Clean Water Act Nationwide Permits43

California State Water Resources Control Board Adopts Emergency Regulations Increasing Fees for Irrigated Lands Regulatory Program45


Circuit Court of Appeals:

Ninth Circuit Affirms District Court Order Vacating the Delisting of the Yellowstone Grizzly Population and Remanding for Further Considera-


Crow Indian Tribe v. United States, 965 F.3d 662 (9th Cir. 2020).

Ninth Circuit Finds Bureau of Land Management Not Required to Prepare New EIS Prior to Offering and Approving New Oil and Gas Leases in Ala-


Northern Alaska Environmental Center v. U.S. Dept. of the Interior, 965 F.3d 705 (9th Cir. 2020).

Ninth Circuit Upholds Environmental Impact Statement and Subsequent EIS for Relocation of 8,000 U.S. Marines Required by Treaty with Japan50

Tinian Women Association v. U.S. Department of the Navy, ___F.3d___, Case No. 18-16723 (9th Cir. Sept. 18, 2020). 


District Court of Appeal:

Second District Court Affirms a Workplace Violence Restraining Order against a Person Who Threatened Employee during City Council Meetings53

City of Los Angeles v. Armando Herman, ___ Cal.App.5th ___, Case No. B298581 (2nd Dist. Aug. 10, 2020).

First District Court Finds City’s ‘SLAPP’ Motion Failed to Show that Developer’s Lawsuit Arose from Protected Activity55

Oakland Bulk and Oversized Terminal, LLC v. City of Oakland, 54 Cal.App.5th 738 (1st Dist. 2020).

Second District Court Finds Sufficient Evidence in the Record that Proposed Restaurant Would Have Significant Traffic Impacts Requiring an EIR56

Save Our Rural Town v. County of Los Angeles, ___Cal.App.5th___, Case No. B294182 (2nd Dist. Sept. 10, 2020).  

Fourth District Court Upholds Public Immunity for Trail Conditions Where Modifications to Trail Result in Decreased Visibility of Barrier59

Sean Nealy v. County of Orange, Unpub, Case No. G058036 (4th Dist. Aug. 24, 2020).

Third District Court Affirms Order Requiring Appellants to Post an Undertaking as a Condition for Injunctive Relief under the Public Records Act61

Stevenson v. City of Sacramento, ___Cal.App.5th___, Case No. C080685 (3rd Dist. Oct. 6, 2020).