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AB 1493
March 2009: President Obama Directs U.S. EPA to Reconsider Denial of California Clean Air Act Waiver Request
March 2007: District Court Declares California’s Automotive Greenhouse Gas Emission Regulations Preempted by the Clean Air Act Central Valley Chrysler-Jeep, et al. v. Witherspoon, et al., ___F.Supp.2d___ CVF 04-6663 AWI LJO (E.D. Cal. Jan. 16, 2007)
November 2006: District Court Denies California’s Motion to Dismiss Greenhouse Gas Emission Regulation Preemption Challenges, but Dismisses Dormant Commerce Clause and Sherman Act Claims Central Valley Chrysler-Jeep, et al. v. Witherspoon, et al., ___F.Supp.2d___ CVF 04-6663 AWI LJO (E.D. Cal. Sept. 25, 2006)
AB 156
November 2007: Governor Signs Legislative Overhaul of California’s Flood Protection System
AB 159
March 2005: California Assembly Bill 159 Proposes to Change Irrigation District Voting Procedures
AB 162
November 2007: Governor Signs Legislative Overhaul of California’s Flood Protection System
AB 1683
June 2008: Discovery of Quagga Mussels in California Leads to Lake Closure—DFG Implements Detection Workshops
AB 178
February 2005: Second District Court Clarifies the Meaning of a “Big Box Retailer” under AB 178. City of Carson v. City of La Mirada, ___Cal.App.4th___, Case No. B168849 (2nd Dist. Dec. 30, 2004).
AB 1806
July 2008: State Assembly Votes to Approve Bill Designed to Protect Declining Fisheries
AB 2153
July 2008: State Assembly Rejects Proposed Legislation to Offset Water Use of New Developments
AB 2175
June 2008: AB 2175: Making Water Conservation Plans Mandatory
AB 2986
May 2008: The ‘California Clean Water Act of 2008’ Attempts to Address Aging Sewer Systems
AB 3018
July 2008: California’s ‘Green Collar’ Workforce—AB 3018 Passes Assembly
AB 3030
June 2010: A Move Toward the Statewide Management of Groundwater Resources— LAO’s 2010 Report and SB 6X7
June 2010: Sixth District Holds Adjudicated ‘Physical Solutions’ Limit a Local Agency’s Authority to Require Environmental Review of Water Usage California American Water v. City of Seaside, 183 Cal. App.4th 471 (6th Dist. 2010)
April 2006: The Seaside Basin Case: Adjudication Grows Up
March 2006: California: Groundwater Management, Conjunctive Use and Water Banking
AB 32
April 2010: Greenhouse Gas Policy at the Crossroads in California—As Details of AB 32 Implementation Emerge, So Do Second Thoughts
March 2009: California Continues Efforts to Integrate Greenhouse Gas/Climate Change Analysis into the State’s Mini-NEPA
February 2009: California Air Resources Board Adopts Bus and Truck Rule and Heavy Duty Vehicle Greenhouse Gas Emission Measure to Reduce Environmental Impacts of Diesel Fueled Vehicles
August 2008: California Air Resources Board Issues Draft Scoping Plan to Implement State’s Global Warming Solutions Act
August 2008: Senate Bill Shoots for AB 32’s Targets with Transportation and Land Use Planning
June 2008: Rainwater Harvesting Catches the Attention of State and Local Goverment
AB 70
November 2007: Governor Signs Legislative Overhaul of California’s Flood Protection System
Administrative Procedures Act
June 2006: California Supreme Court Rules Agency Failed to Comply with Administrative Procedure Act in Establishing Hazardous Materials Fee Regulation Morning Star Company v. California State Board of Equalization S123481 (Cal. April 24, 2006)
January 2004: Governor Schwarzenegger Issues Executive Order Temporarily Halting Implementation of Pending Regulations; Dozens of Regulations Exempted by Finance Director Executive Order S-2-03 (Nov. 17, 2003).
April 2001: California: Cities Sue Los Angeles Regional Water Quality Control Board Over Trash Total Maximum Daily Loads for Los Angeles River Watershed Cities of Arcadia,Artesia,et al.v.California Regional Water Quality Control Board,Los Angeles Region Case Nos.A-1280,A-1280(a),and A-280(b) (Los Angeles County Superior Court).
April 2001: Interpreting Water Code § 1126 for the First Time, Superior Court Denied Motions to Dismiss D-1641 Cases for Failure to Name the U.S. Bureau of Reclamation as a Defendant Regents of the University of California v. State Water Resources Control Board, Case No.CV98-1540 (Yolo County Superior Court Feb. 8, 2001).
April 2001: Cities Sue Los Angeles Regional Water Quality Control Board over Trash Total Maximum Daily Loads for Los Angeles River Watershed Cities of Arcadia,Artesia,et al.v.California Regional Water Quality Control Board,Los Angeles Region Case Nos.A-1280,A-1280(a),and A-280(b)(Los Angeles County Superior Court).
April 2001: Yolo County Superior Court Upholds Discharge Permit Issued by Regional Water Quality Control Board to University of California Regents of the University of California v. State Water Resources Control Board Case No.CV98-1540 (Yolo County Superior Court Feb. 8, 2001).
Administrative Writ Statute
March 2009: Fourth District Finds Expedited First Amendment- Related Permit Statute, and Its 21-Day Statute of Limitations Does Not Bar Third Party Litigants Stearn v. County of San Bernardino, et al., ___Cal.App.4th___ E044388 (2nd Dist. Jan. 22, 2009)
Alquist Priolo Act
May 2007: Groups File CEQA Challenges to U.C. Campus Expansion Plans—Win Preliminary Injunction Panoramic Hill Association v. Regents of the University of California; City of Berkeley v. University of California, Berkeley; California Oak Foundation et al., v. Regents of the University of California RG06-301644, RG06-302934, RG06-302967 (Alameda County Superior Court)
Alternative and Renewable Fuel and Vehicle Technology Program
August 2010: Legislative update
Anti-SLAPP
June 2010: Second District Holds Landfill Operator’s Complaint Based on Land Use Guidelines Is Not Subject to ‘Anti-SLAPP’ Motion to Strike Complaint USA Waste of California, Inc. v. City of Irwindale, ___Cal.App.4th___ B212719 (2nd Dist. April 27, 2010)
December 2007: Fourth District Court Holds Pre-Election Challenge to Eminent Domain Initiative Does Not Violate Anti-SLAPP Law City of Riverside v. Stansbury, ___Cal.App.4th___ EO40125 & EO40973 (4th Dist. Oct. 12, 2007)
August 2007: Fourth District Concludes National Church May Enforce Trust on Local Parish Property under California Case Law Episcopal Church Cases, ___Cal.App.4th___ G036096, G036408, G036868 (4th Dist. June 25, 2007)
February 2006: Fourth District Court Finds that Letters Written by Homeowners’ Association Attorney Fall under Anti- SLAPP Statute Protection Ruiz v. Harbor View Community Association, ___Cal.App.4th___ G034912 (4th Dist. Dec. 19, 2005)
January 2006: Fourth District Finds Statements Made During Unlawful Detainer Negotiations in Inducement of Settlement Fall within the Protection of California’s Anti-SLAPP Statute Navarro v. IHOP Properties, Inc., ___Cal.App. 4th___ G034987 (4th Dist. Dec. 7, 2005)
November 2005: Land use legislation
March 2005: Citizens’ Petition to Compel City to Process Coastal Development Permit Is Not a SLAPP Suit despite Pending Appeal of State-Adopted Local Coastal Plan Visher v. City of Malibu, ___Cal.App.4th___ B173471 (2nd Dist. Feb. 1, 2005)
May 2001: All Parties to a Clean Water Act Citizen Suit May Be Named in an Insurer's Declaratory Relief Action Legion Ins. Co. v. Wisconsin-California Forest Products ___F.Supp.2d___, 2001 U.S.Dist.LEXIS 1599 (E. D. Cal. Feb. 6, 2001).
May 2001: All Parties to a Clean Water Act Citizen Suit May Be Named in an Insurer's Declaratory Relief Action Legion Ins. Co. v. Wisconsin-California Forest Products ___F.Supp.2d___, 2001 U.S.Dist.LEXIS 1599 (E. D. Cal. Feb. 6, 2001)
Assembly Bill 1234
December 2005: Governor Schwarzenegger Signs AB 1234, Imposing Ethics Training, Compensation and Reimbursement Requirements on Cities, Counties and Special Districts
Assembly Bill 162
March 2007: Assemblywoman Wolk Proposes State Planning and Zoning Law Amendments to Address Global Warming-Related Flooding Concerns
Assembly Bill 687
March 2007: Second District Dismisses Constitutional Challenge to AB 687—Underlying Casino Contracts Are Subject to Validation Statutes California Commerce Casino, Inc., et al. v. Arnold Schwarzenegger, as Governor, et al. 146 Cal.App.4th 1406 (2nd Dist. 2007)
Biodiesel Regulation
August 2008: Biodiesel Regulation: Are We Stifling Innovation?
Brown Act
June 2009: Third District Holds Brown Act Does Not Require Open Meeting to Evaluate Performance of Independent Contractor Acting as LAFCO Executive Director Hofman Ranch v. Yuba County Local Agency Formation Commission 172 Cal.App.4th 805 (3rd Dist. 2009)
December 2008: Fifth District Court Reaffirms Attorney’s Fee Recovery for Violation of Brown Act and Public Records Act Galbiso v. Orosi Public Utility District, ___Cal.App.4th___ F053236 (5th Dist. Oct. 23, 2008)
February 2008: Third District Rules Notice of Legislative Body’s Hearing on Zoning Change May Not Be Given before Planning Commission Recommendation Is Received Environmental Defense Project of Sierra County v. County of Sierra, ___Cal.App.4th___ C055448 (3rd Dist. Jan. 9, 2008)
January 2007: First District Court Finds Allegations Sufficient to State a Claim for Violation of the Brown Act against City and City Council of Fremont Wolfe v. City of Fremont 144 Cal.App.4th 533 (1st Dist. 2006)
January 2007: Second District Court Finds Late Night City Council Meetings Not Properly Challenged by Two Santa Monica City Council Members Holbrook v. City of Santa Monica, ___ Cal.App.4th ___ B182990 (2nd. Dist. Nov. 20, 2006)
June 2006: Upon Reconsideration, Second District Confirms Settlement Reached Between City and Developer in Closed Session Violates the Brown Act Trancas Property Owners Association v. City of Malibu, ___Cal.App.4th___ B174674 (2nd Dist. March 30, 2006)
April 2006: Settling with Certainty—California Courts of Appeal Grapple with Challenges to the Settlement of Land Use Litigation
February 2006: Attorney General Opines that Electronic Posting of Meeting Agendas Authorized by Brown Act 147 04 Ops.Cal.Atty.Gen. 1217 (December 20, 2005)
January 2006: Brown Act’s Pending Litigation Exception Does Not Authorize Non-Party Agency to Meet in Closed Session with Legal Counsel Shapiro v. Board of Directors of the Centre City Development Corporation, et al., ___Cal.App.4th.___ D045506 (4th Dist. Nov. 22, 2005)
November 2005: Second District Finds Settlement Reached between City and Developer in Closed Session Violates the Brown Act Trancas Property Owners Association v. City of Malibu, ___Cal.App.4th___ B174674 (2nd Dist. Sept. 26, 2005)
March 2005: City Entitled to Retroactively Cure Mistake in Adoption of Mobilehome Rent-Control Ordinance Proposed by Initiative Petitions MHC Financing Limited Partnership Two v. City of Santee, ___Cal.App.4th ___ D042631, D043129 (4th Dist. Jan. 25, 2005)
November 2002: California Legislature and Ballot Initiatives Focus on Water Issues
May 2002: Court of Appeal Legislative Bodies Must Provide Detail of Items Noticed for Closed Session Discussions, and Confine Discussions to Those Items Noticed, to Be in Compliance under Brown Act Shapiro v. San Diego City Council 96 Cal.App.4th 904 (4th Dist. March 5, 2002.).
California
March 2002: Calaveras Country Passes Ordinance Regulating the Extraction and Transfer of Groundwater
California Aeronautics Act
August 2008: Third District Court Holds Sacramento County Decision to Close Airport Not Preempted by State Law but Is a ‘Project’ Subject to CEQA Review Sunset Skyranch Pilots Association v. County of Sacramento, ___Cal.App.4th___ C055224 (3rd Dist. July 2, 2008)
August 2008: Consistent Equals Compatible: First District Court Upholds Travis Air Force Base Land Use Compatibility Plan Muzzy Ranch v. Solano County Airport Land Use Commission 164 Cal.App.4th 1 (1st Dist. 2008)
California Building Standards Code
July 2009: The Rapid Rise of Local Green Building Ordinances—Will they Survive Legal Challenge?
California Clean Water Act of 2008
May 2008: The ‘California Clean Water Act of 2008’ Attempts to Address Aging Sewer Systems
California Coastal Act
January 2010: 2009 Year-End Review of Select Land Use Legislation
August 2009: Second District Holds California Coastal Commission Properly Considered Coastal View in Deciding Permit Application Farr v. California Coastal Commission, 173 Cal. App.4th 1474 (2nd Dist. 2009).
August 2009: Legislative update
July 2009: Legislative update
June 2009: Fourth District Rules CEQA 30-Day Statute of Limitations Applies to Agency Action Taken Pursuant to a Certified Regulatory Program Strother v. California Coastal Commission, ___Cal. App.4th___ G040745 (4th Dist. April 30, 2009)
March 2009: Sixth District Finds Coastal Commission Failed to Make Findings that Denying a Development Permit Would Result in a ‘Taking’ in Violation of the Coastal Act McAllister v. California Coastal Commission, ___Cal.App.4th___ H031283 (6th Dist. Dec. 30, 2008)
July 2008: Second District Court Finds Vested Rights Are Superceded by California Coastal Act Pratt v. California Coastal Commission 162 Cal. App.4th 1068 (2008)
April 2008: aaa aaa aaa
March 2008: First District Rules Coastal Commission Lacks Authority to Declare Property Environmentally Sensitive Habitat on Appeal from Grant ofCoastal Development Permit Security National Guaranty, Inc. v. California Coastal Commission, ___Cal.App.4th___ A114647 (1st Dist. Jan. 25, 2008)
November 2006: First District Finds Moratorium-Related Tolling of Tentative Map Limited to Total of Five Years by Subdivision Map Act Ailanto Properties, Inc. v. City of Half Moon Bay 142 Cal.App.4th 572 (1st Dist. 2006)
October 2006: Second District Concludes Boaters’ Right to View Coastline Not a Proper Consideration in Coastal Commission’s Regulation of Coastal Development Schneider v. California Coastal Commission 140 Cal.App.4th 1339 (2nd Dist. 2006)
March 2006: Second District Holds Regulatory Taking Claim Is Ripe when County Denies Application to Subdivide Parcel into Two Residential Lots Dunn v. County of Santa Barbara, ___Cal.App.4th___ B175149 (2nd Dist. Jan. 25, 2006)
August 2005: California Supreme Court Rules Coastal Commission Is Constitutional Marine Forests Society v. California Coastal Commission, ___Cal.4th___ S113466 (Cal. June 23, 2005)
July 2005: California Supreme Court Backs Coasal Commission Grant of Housing Development Permit Sierra Club v. California Coastal Commission, ___Cal.4th___ S116081 (May 20, 2005)
April 2005: Desalination Facilities and Coastal Power Plants: Finding New Use for Old Technology
January 2004: California Department of Transportation’s Transfer of Land, which Only Partially Lies within the Coastal Zone, to the Department of Parks and Recreation Does Not Offend the California Constitution Citizens For Hatton Canyon v. California Dept. of Transportation 112 Cal.App.4th 838 (6th Dist. 2003).
July 2003: California Coastal Commission's Administrative Appellate Jurisdiction Expires if No "Substantial Issue" Hearing Is Held within the 49-Day Statutory Time Limit Encinitas Country Day School Inc. v. California Coastal Com., 108 Cal.App.4th 575 (4th Dist. 2003)
June 2003: California Coastal Commission Does Not Have Jurisdiction to Consider Impacts Outside the Coastal Zone Sierra Club v. California Coastal Commission, 107 Cal.App.4th 1030 (1st Dist. 2003).
May 2003: A Culture of Unconstitutionality at the Coastal Commission
February 2003: California Coastal Commission Held Unconstitutional; Legislative Responses Likely Marine Forests Society v. California Coastal Commission ___Cal.App.4th___, Case No. C038753 (3rd Dist. Dec. 30, 2002).
California Code of Regulations
December 2006: California Water Resources Control Board Issues Proposed Rule Concerning Grants of Stay of the Effect of a Regional Water Quality Control Board
California Constitution
May 2010: Superior Court Finds City’s Water Rate Hikes Unconstitutional Due to Notice Defects and Violations of Statutory Voting Requirements Foster Poultry Farms, Inc. v. City of Livingston CV000292 (Merced Super. Ct. 2010)
March 2010: First District Finds Minimum Base Rate Water Charge Per Parcel Doesn’t Require Proposition 218 Ballot Approval Paland v. Brooktrails Township Community Services Board of Directors, 179 Cal.App.4th 1358 (1st Dist. 2009)
October 2009: First Appellate District finds Monthly Base Rate for Water Service Is a Property-Related Fee, Not an Assessment, under Article XIII D of the California Constitution Paland v. Brooktrails Township Community Services Dist. Bd. of Directors, ___Cal.App.4th___ A122630 (1st Dist. July 31, 2009)
July 2009: Second District Upholds City’s Formation of a Special Assessment District—Finds Compliance with California Constitution Article XIII D Dahms v. Downtown Pomona Property, ___Cal. App.4th___ B183545 (2nd Dist. May 12, 2009)
May 2009: First District Holds that Ballots In Storm Drainage fee Elections Must Be Kept Confidential Greene v. Marin County Flood Control and Water Conservation District, ___Cal.App.4th___ A120228 (1st Dist. March 11, 2009)
January 2009: Environmental Groups’ Suit for Public Trust Violations in the Delta Is the Basis for the Latest Challenge to Federal and State Pumping California Water Impact Network, et al. v. California Department of Water Resources, et al. 2008-00027894, filed Dec. 1, 2008 (Sac Cnty Sup Ct)
November 2008: Developing Conservation-Based Water Rate Structures in Compliance with Proposition 218
December 2007: A Clash of Equities: Proposition 218 Squares Off against Tiered Water Pricing
July 2007: Second District Rules that Regional Board Orders Are Not Exempt from State Constitutional Requirements for Reimbursement of Mandated Costs County of Los Angeles v. Commission on State Mandates, et al. 150 Cal.App.4th 898 (2nd Dist. 2007)
January 2007: Fourth District Court Holds Dedication of 42-Foot Cross on War Memorial Site by City of San Diego to the U.S. Does Not Violate California Constitution Paulson v. Abdelnour, ___Cal.App.4th___ D047702 (4 Dist. Nov. 30, 2006)
November 2006: The Changing Landscape of Proposition 218: Bighorn-Desert View Water Agency v. Verjil (Kelley)
June 2006: Sixth District Holds City of Palo Alto Liable under Inverse Condemnation When Its Sewer Pipe Caused Sewage Backup in Residence California State Automobile Association Inter-Insurance Bureau v. City of Palo Alto, ___Cal.App.4th___ H027980 (6th Dist. April 10, 2006)
March 2006: California: Groundwater Management, Conjunctive Use and Water Banking
June 2005: Proposed Constitutional Amendment Would Remove Voter Approval Requirement for Certain Taxes
April 2005: Second District Court Denies Compensation for Loss of Visibility Claim in Inverse Condemnation Action Regency Outdoor Advertising v. City of Los Angeles, ___Cal.App.4th___ B159255 (2nd Dist. Feb. 17, 2005)
March 2005: City Entitled to Retroactively Cure Mistake in Adoption of Mobilehome Rent-Control Ordinance Proposed by Initiative Petitions MHC Financing Limited Partnership Two v. City of Santee, ___Cal.App.4th ___ D042631, D043129 (4th Dist. Jan. 25, 2005)
November 2004: First District Court Finds San Francisco’s Parking Tax Exemptions Favoring Designated Categories of Users Constitutional City and County of San Francisco v. Flying Dutchman Park, Inc 122 Cal.App.4th 74 (1st Dist. 2004)
April 2004: California Supreme Court Clarifies the Meaning of “Assessment” under the Right to Vote on Taxes Act in Connection with Municipal Water Connection Fee Richmond v. Shasta Community Services District 32 Cal.4th 409 (Cal. 2004).
October 2002: California Voters to Decide Future Investment in Infrastructure through Assembly Constitutional Amendment 11
July 2001: Santa Monica's Zoning Ordinance Restricting Occupancy of Second Units to Property Owners, Their Caregivers and Dependents, Violates the California Constitution Coalition Advocating Legal Housing Options v. City of Santa Monica, 88 Cal.App.4th 451 (2nd Dist. March 13, 2001).
California Density Bonus Law
March 2010: Second District Upholds Los Angeles’ Redevelopment Design Guidelines for North Hollywood PR/JSM Rivera LLC v. Community Redevelopment Agency of the City of Los Angeles, ___Cal.App.4th___ B213051 (2nd Dist. 2009)
February 2010: First District Upholds Higher Density Bonus Units than Required by State Law and Finds Grant of Discretionary Units Not Subject to CEQA Wollmer v. City of Berkeley 179 Cal.App.4th 933, (1st Dist. 2009)
February 2009: A Room First, the View Can Come Later: Local Autonomy and the Density Bonus Law
California Disabled Persons Act
November 2009: Fourth District Affirms that Private Recreational Common Area Does Not Convert to Public Accommodation Due to Consent to Public Use Carolyn v. Orange Park Community Association, ___ Cal.App.4th___ G041177 (4th Dist. Sept. 21, 2009)
California Elections Code
February 2008: First District Court Finds Defects in Signatures to Association’s Referendum Petition Cannot Be Cured by Declaration of Petition Circular Friends of Bay Meadows v. City of San Mateo, ___Cal. App.4th___ 68 Cal.Rptr.3d 916 (1st Dist. Dec. 12, 2007)
California Endangered Species Act
August 2010: First District Holds Department of Water Resources Is a ‘Person’ under the California Endangered Species Act Watershed Enforcers v. California Department of Water Resources 185 Cal.App.4th 969 (1st Dist. 2010)
August 2010: First District Extends California ESA to State Agencies— Finds Agencies Cannot Take Endangered Species without Permit Kern County Water Agency v. Watershed Enforcers, ___Cal.App.4th___ A117715 (1st Dist. June 17, 2010)
August 2010: Legislative update
July 2010: California Farm Bureau Federation Sues DFG for Clarification of Fish and Game Code Section 1062
June 2010: Land Use Legislation
May 2010: Legislative Update
April 2010: California Fish and Game Commission Lists California Tiger Salamander as a Threatened Species
April 2010: Legislative Update
December 2009: Lawsuit Seeks Protection for American Pika under the California Endangered Species Act Center for Biological Diversity v. California Fish and Game Commission CPF 09-509927, filed Oct 28, 2009 (San Francisco Cnty. Sup. Ct.)
July 2009: Clearing Up Red Tape for Green Projects: California Proposes Streamlined Endangered Species Permitting for Renewable Energy Projects
May 2009: State Water Contractors Challenge Department of Fish and Game’s Longfin Smelt Take Permit for State Water Project
April 2009: California Fish and Game Lists the California Tiger Salamander as a Candidate for Protection under the California Endangered Species Act
April 2009: Delisting California Brown Pelican Is Landmark Species Recovery
March 2009: Longfin Smelt Likely to Be Listed as Threatened Species—Could Mean More Water Restrictions in the Sacramento-San Joaquin Delta
January 2009: In the Wake of Fish and Game Commission’s Adoption of Longfin Smelt Emergency Regulations, Water Contractors File December Lawsuits State Water Contractors v. Fish and Game Commission, et al. BS 118166
October 2008: Third District Court Lowers Standard to Obtain “Candidate” Species Status under State Endangered Species Act Center for Biological Diversity v. California Fish and Game Commission, ___Cal.App.4th___ C055059 (3rd Dist. Sept. 8, 2008)
October 2008: California Supreme Court Finds Incidental Take Permit with an Overly Broad ‘No Surprise’ Clause An Abuse of Discretion Environmental Protection and Information Center, et al. v. California Department of Forestry and Fire Protection et al., ___Cal.4th___ S1470547 (Cal. July 17, 2008)
July 2008: Issuance of the CVP and SWP Biological Assessment Marks the First Step Back from the Wanger Decision
July 2008: Federal and State Agencies Consider Listing Longfin Smelt as Threatened or Endangered
April 2008: Environmental Groups Sue Department of Fish and Game over Permitting Guidelines for Incidental Take of Coho Environmental Protection Information Center v. California Department of Fish and Game CGC 08-508127, San Francisco County Superior Court, filed Feb. 25, 2008
April 2008: aaa aaa aaa
February 2008: Third District Court Upholds California Fish and Game Commission’s Coho Listings as Threatened and Endangered California Forestry Ass’n v. California Fish and Game Comm’n, ___Cal.App.4th___ C053866 (3rd Dist. Nov. 20, 2007)
January 2008: Third District Court Upholds California Fish and Game Commission’s Coho Listings as Threatened and Endangered California Forestry Ass’n v. California Fish and Game Comm’n, ___Cal.App.4th___ C053866 (3rd Dist. Nov. 20, 2007)
August 2007: CVP/SWP Litigation Update: Project Operations amidst State and Federal Court Litigation Natural Resources Defense Council v. Kempthorne et al. 05-CV-01207 (E.D. Cal)
June 2007: Superior Court’s Order Barring Pumping from Banks Plant in Delta Stayed Pending Appeal Watershed Enforcers v. Department of Water Resources RG06292124, slip op. Apr. 17, 2007 (Alameda County Superior Court)
May 2007: Superior Court Judge Orders Shutdown of Delta Water Pumps Watershed Enforcers v. Department of Water Resources RG06292124, Alameda County Superior Court, order issued March 22, 2007
May 2007: The California Endangered Species Act Is Like the ‘Hotel California’, where Endangered Species ‘Can Check in Anytime They Like, but They Can Never Leave’
March 2007: Sacramento Superior Court Overturns Fish and Game Commission’s Denial to List California Tiger Salamander under California ESA Center for Biological Diversity v. California Fish and Game Commission, 05-CS-00233, Sacramento County Sup. Ct (Dec. 14, 2006)
January 2007: DWR Need Not Immediately Shut Down Delta Water Pumps over Fishery Concerns Watershed Enforcers v. California Dept. of Water Resources, et al. RG06292124, hearing Nov. 17, 2006, Alameda County Superior Court
November 2006: The Bay Delta Conservation Plan Completes Proposed Planning Agrement
November 2006: Third District Finds Public Agencies Fulfilled Their Statutory Duties under CEQA and CESA In Creating Natomas Basin Habitat Conservation Plan Environmental Council of Sacramento v. City of Sacramento, et al., 142 Cal.App.4th 1018 (3rd Dist. 2006)
April 2006: Recent land use legislation
February 2006: First District Court Upholds Agreements Allowing Timber Harvesting in Humboldt County Environmental Protection Information Center v. California Dept. of Forestry and Fire Protection, ___Cal. App.4th___ A104828 (1st Dist. Dec. 12, 2005)
November 2005: District Court in California Rules Revised Natomas Basin Habitat Conservation Plan Satisfies the Endangered Species Act National Wildlife Federation, et al., v. Norton, ___F.Supp.2d___ Civ. No. S. 04-570-DFL-JFM (E.D. Cal. Sept. 8, 2005)
December 2004: California Fish and Game Commission Rejects Petition to List California Tiger Salamander as Endangered
December 2004: Legislative update
March 2004: California: Endangered Species Act Issues Impacting Water Supply
January 2004: California Fish and Game Commission Denies Petition for Listing of the Western Burrowing Owl
April 2003: Newhall Project Delayed Again by Appellate Court; More Water Supply Analysis Required Santa Clarita Organization for Planning the Environment et al. v. County of Los Angeles ___Cal.App.4th___. Case No. B155552 (2nd Dist. Feb. 27, 2003).
March 2003: Revising the Natural Community Conservation Planning Act: Is it Enough to Resolve the Conflict Between Species Conservation and Compatible Land Use?
May 2002: California Department of Fish and Game Reviews Comments on Proposed Amendments to Incidental Take Regulations
California Energy Security and Reliability Act of 2000
October 2001: Does California's Energy Crisis Create Additional Burdens For Developers and Public Agencies under the California Environmental Quality Act?
California Environmental Quality Act
August 2010: Fourth District Holds Statutory Criteria for Water Supply Assessments Are Not Ambiguous—Proposed Open-Air Composting Facility Is a ‘Project’ Center for Biological Diversity et al. v County of San Bernardino 185 Cal.App.4th 866 (4th Dist. 2010)
August 2010: Delta Agencies and Environmental Organizations Sue State again on Monterey Amendments to State Water Project Contracts and Kern Water Bank Transfer Central Delta Water Agency et al. v. California Department of Water Resources 2010-80000561 (Sac. Super. Ct.)
August 2010: Legislative update
August 2010: Fourth District Finds a Siting Agreement Does Not Require CEQA Review if It Does Not Constitute a Commitment to Proceed with the Project City of Santee v. County of San Diego, ___Cal.App.4th___ D055310 (4th Dist. 2010)
August 2010: Fourth District Holds Additional CEQA Review Is Not Required Where a Public Agency Does Not Have Discretionary Approval over a Project San Diego Navy Broadway Complex Coalition v. City of San Diego 185 Cal.App.4th 924 (4th Dist. 2010)
August 2010: First District Finds Alameda County Applied Wrong Legal Standard to Determine In-Fill Development Exemption from CEQA Tomlinson, et al. v. County of Alameda, et al. 185 Cal. App.4th 1029 (1st Dist. 2010)
July 2010: California Farm Bureau Federation Sues DFG for Clarification of Fish and Game Code Section 1062
July 2010: The San Francisco Bay Area Air Quality Management District Adopts Stringent CEQA Thresholds of Significance for Greenhouse Gas Emissions
July 2010: Legislative update
July 2010: Fourth District Finds CEQA Violation Where Infeasibility Determination for Alternative Looked to Only One Facility—Finds need for Water Supply Assessment Center for Biological Diversity v. County of San Bernardino, ___Cal.App.4th___ D056652, D056648 (4th Dist. May 25, 2010)
June 2010: Third District Upholds Salinity Standards and Dissolved Oxygen Studies in the Sacramento-San Joaquin River Basin San Joaquin River Exchange Contractors Water Authority v. State Water Resources Control Board, 183 Cal. App.4th 1110 (3rd Dist.2010)
June 2010: Sixth District Holds Adjudicated ‘Physical Solutions’ Limit a Local Agency’s Authority to Require Environmental Review of Water Usage California American Water v. City of Seaside, 183 Cal. App.4th 471 (6th Dist. 2010)
June 2010: Monterey County Approves Regional Desalination Plant, Awaits Final Decision By Public Utilities Commission
June 2010: First District Issues First Published Decision Regarding Greenhouse Gas Mitigation under CEQA Communities for a Better Environment, et al. v. City of Richmond 184 Cal.App.4th 70 (1st Dist. 2010)
June 2010: Land Use Legislation
June 2010: Mitigating Climate Change Impacts: CEQA’s Existing Rules Apply—Don’t They?
June 2010: First District Affirms Alternatives Analysis in Lawrence Berkeley National Laboratory’s EIR for a Long Range Development Plan Lesley Emmington Jones, et al. v. Regents of the University of California, 183 Cal.App.4th 818 (1st Dist. 2010)
May 2010: Supreme Court Holds CEQA Challenge Time-Barred where Agency Filed Notice of Exemption, Whether or Not Exemption Properly Applied Stockton Citizens for Sensible Planning v. City of Stockton, ___Cal.4th___ S161190 (April 1, 2010)
May 2010: Contra Costa Water District Board Approves Los Vaqueros Reservoir Expansion
May 2010: Superior Court finds State Must Perform Environmental Review for Completed 2009 Drought Water Bank Butte Environmental Council v. California Department of Water Resources RG09446708 (Alameda Super. Ct. March 2010)
May 2010: Fifth District Finds Claim that Memorandum of Understanding Approval Violated CEQA to Be Moot City of Patterson v. Stanislaus County F057357, Unpub. Op. (5th Dist. Mar. 3, 2010)
May 2010: Legislative Update
May 2010: First District Upholds Trial Court Ruling that City’s Approval of General Plan Update Violated State Aeronautics Act and CEQA Watsonville Pilots Assn. v. City of Watsonville, ___Cal. App.4th___ A122205 (1st Dist. April 12, 2010)
May 2010: Fifth District Finds Addition of ‘Supercenter’ to Project Does Not Necessarily Require an Urban Decay Analysis in a Subsequent or Supplemental EIR Melom v. City of Madera, ___Cal.App.4th___ F055024 (5th Dist. March 24, 2010)
April 2010: First District Holds City’s Agreement to Provide Municipal Services to Proposed Tribal Casino Not a Project under CEQA Parchester Village Neighborhood Council v. City of Richmond, ___Cal.App.4th___ A123859 (1st Dist. Feb. 24, 2010)
April 2010: Owens Valley Committee Sues Fish and Game over EIR for Statewide Hatchery Program; Alleges Unmitigated Groundwater Impacts
April 2010: Second District Holds City May Impose Fee for an Appeal to Project Approval Based on an Addendum to a Negative Declaration Friends of Glendora et al. v. City of Glendora et al., ___ Cal.App.4th___ B215114 (2nd Dist. March 1, 2010)
April 2010: Legislative Update
April 2010: Proposed Initiatives for the November 2010 Ballot to Enact ‘California Job and Housing Act’ to Amend CEQA Initiatives 10-008 to 10-011
April 2010: Sacramento Superior Court Issues Writ to Set Aside Approval of Delta Shores Project for Failure to Adequately Analyze Health Risks Stone Lakes National Wildlife Refuge Association, et al. v. City of Sacramento, et al 34-2009-80000166-CU-WM-GDS, Feb. 11, 2010, (Sac. Super. Ct)
April 2010: Supreme Court Finds Agency Erred in Using Maximum Permitted Operational Levels as Baseline in Determination that Project Would Have a Significant Environmental Impact Communities for a Better Environment v. South Coast Air Quality Management District, et al., ___Cal.4th___ S161190 (March 15, 2010)
March 2010: Legislative Update
March 2010: Supreme Court Rules 30-Day Statute of Limitations Applies where Agency Has Posted an NOD, Regardless of Nature of CEQA Violation Alleged Committee for Green Foothills v. Santa Clara County Board of Supervisors, ___ Cal.4th___ S.163680(Feb. 11, 2010)
March 2010: San Joaquin County Superior Court Upholds EIR for City of Stockton’s 2035 General Plan Morada Area Association v. City of Stockton CV034370 (San Joaquin Super. Ct. Jan. 4, 2010)
March 2010: Second District Finds EIR Was Needed before Enactment of an Ordinance Prohibiting Certain Retail Stores from Providing Plastic Bags to Customers Save the PlasticBag Coalition v. City of Manhattan Beach, ___Cal.App.4th___ B215788 (2nd Dist. Jan. 27, 2010)
March 2010: California Adopts Environmental Review Guidelines for Greenhouse Gas Emissions
March 2010: First District Rules Agency Cannot Delete a Previously Adopted Mitigation Measure Attached to an Expired Approval without Reviewing the Continuing Need for the Mitigation Katzeff v. California Department of Forestry and Fire Protection, ___Cal.App.4th___ A122642 (1st Dist. Jan. 28, 2010)
February 2010: Second District Court Upholds Environmental Impact Report, Paving the Way for a Water Transfer Planning and Conservation League v. Castaic Lake Water Agency, ___Cal.App.4th___ B200673 (2nd Dist. Dec. 17, 2009)
February 2010: News from the West
February 2010: 25th California Water Law & Policy MCLE Conference to Address Changing Water Law Issues... and How Climate Change Is Playing into the Water Management Picture
February 2010: Fourth District Requires an EIR on a General Plan Amendment, Declines to Overturn Approvals of Tentative Parcel Maps Inyo Citizens For Better Planning v. Inyo County Board of Supervisors, ___Cal.App.4th___ E046646, (4th Dist. Dec. 12, 2009)
February 2010: California Supreme Court Holds County’s Decision to Deny Application to Renew Conditional Use Permit for a Privately Owned Airport Was Not a ‘Project’ under CEQA Sunset Sky Ranch Pilots Association v. County of Sacramento, ___Cal.4th___ S165861 (Dec. 28, 2009)
February 2010: Third District Dismisses CEQA Claims for Failure to Make a Written Request for Hearing within 90 Days of Filing the Complaint County of Sacramento v. Superior Court, ___Cal. App.4th___ C062025, (3rd Dist. Dec. 29, 2009)
February 2010: Second District Upholds Environmental Review for Castaic Lake Water Agency Water Transfer Planning and Conservation League v. Castaic Lake Water Agency, ___Cal.App.4th___ B200673 (2nd Dist. Dec. 17, 2009)
February 2010: First District Upholds Higher Density Bonus Units than Required by State Law and Finds Grant of Discretionary Units Not Subject to CEQA Wollmer v. City of Berkeley 179 Cal.App.4th 933, (1st Dist. 2009)
February 2010: First District Finds Lengthy Delay in Preparation of EIR Did Not Entitle the Developer to Mandamus Compelling Certification of the EIR Schellinger Bros. v. City of Sebastopol, ___Cal.App.4th___ A122972 (1st Dist. Dec. 2, 2009)
January 2010: East Bay Municipal Utility District Sued on ‘Water Supply Management Program 2040’ Foothill Conservancy v. East Bay Municipal Utility District 09-CV-6364, filed Nov. 19, 2009 (Amador Superior Ct.)
January 2010: 2009 Year-End Review of Select Land Use Legislation
January 2010: Second District Affirms that Transportation Funding Plan Listing Potential Projects Was Not a Project Subject to CEQA Sustainable Transportation Advocates of Santa Barbara v. Santa Barbara County Association of Governments, 179 Cal.App.4th 113 (2nd Dist. 2009)
January 2010: Second District Strikes Down City’s Extension of Ordinance Restricting Development in Residential Zones Hoffman Street, LLC v. City of West Hollywood, ___ Cal.App.4th___ B210789 (2nd Dist. Nov. 23, 2009)
January 2010: Superior Court Rejects Petitioners’ CEQA Challenges to Sacramento ‘Railyards Project’ Sacramento Citizens Concerned About the Railyards v. City of Sacramento 34-2008-00000504-CUWM-GDS (Sacramento Super. Ct., Nov. 6, 2009)
January 2010: Second District Affirms CEQA Exemption for Transportation Rate Increase Bus Riders Union v. Los Angeles County Metropolitan Transportation Agency, ___Cal.App.4th___ B212145 (2nd Dist. 2009)
January 2010: Fourth District Finds Local Agency Failed to Demonstrate Application of ‘Class 8’ CEQA Exemption to Passage of Air Pollution Offset Rule California Unions for Reliable Energy v. Mojave Desert Air Quality Management District, 178 Cal.App.4th 1225 (4th Dist. 2009)
December 2009: First District Underscores the Need to Evaluate Project Impacts on Wetlands, Riparian Habitats, and Other Resources under CEQA Citizens of Civic Accountability v. Town of Danville, unpublished op. A 121899 (1st Dist. 2009)
December 2009: Desalination Meets CEQA (Again): San Diego Coastkeeper Challenges Environmental Compliance for the Carlsbad Desalination Project San Diego Coastkeeper v. City of Carlsbad 37-2009-00061008-CU-TT-NC, filed Oct 16, 2009 (San Diego Cnty. Super. Ct.)
December 2009: East Bay Municipal Utility District Adopts Water Supply Management Program 2040
December 2009: First District Rules Consultant Hired by County to Prepare EIR Owed No Duty to Developer to Timely Complete the Document Lake Almanor Associates L.P. v. Huffman-Broadway Groups, Inc., ___Cal.App.4th___ A122563 (1st Dist. Oct. 30, 2009)
December 2009: California Appellate Court Invalidates Regional Air Quality District’s Rule Allowing Air Pollution Offset Credits California Unions for Reliable Energy v. Mojave Desert Air Quality Management District, ___Cal.App.4th___ E046687 (4th Dist. Oct. 30, 2009)
December 2009: News from the West
November 2009: District Court Issues Decision Dismissing Central and South Delta Water Agencies’ Challenge to the Bay-Delta Conservation Plan Central Delta Water Agency et al. v. U.S. Fish and Wildlife Service, et al., ___F.Supp.2d___ 1:09-CV-00861 OWW DLB (E.D. Cal.)
November 2009: Two California Air Districts Publish Guidance to Help Evaluate the Impacts of Land Use Projects on Climate Change under CEQA
November 2009: Sixth District Upholds CEQA Alternatives Analysis Based on a Finding of Infeasibility Due to Policy Considerations California Native Plant Society v. City of Santa Cruz, ___Cal.App.4th___ H032502 (6th Dist. Sept. 18, 2009)
November 2009: Second District Holds a City May Terminate Its Environmental Review of a Proposed Development Project before Completion of an EIR Las Lomas Land Company, LLC v. City of Los Angeles, ___Cal.App.4th___ B213637 (2nd Dist. Sept. 17, 2009)
October 2009: Fourth District Upholds Lead Agency’s Right to Select the Entity that Will Receive Mitigation Lands Dedicated by a Developer Pursuant to CEQA The Habitat Trust for Wildlife, Inc., v. City of Rancho Cucamonga et al., ___Cal.App.4th___ E042229, E043925, E044797 (4th Dist. 2009)
October 2009: Third District Finds Modified EIR Need Not Be Re- Approved by Planning Commission Before Certification by City Council Tracy First v. City of Tracy, ___Cal.App.4th___ CO59227 (3rd Dist. Aug. 27, 2009)
October 2009: Second District Rules School District Complied with CEQA in Certifying an EIR for Construction of High School City of Long Beach v. Los Angeles Unified School District, ___Cal.App.4th___ B207221 (2nd Dist. Aug. 17, 2009)
October 2009: Environmental Groups File Suits to Attack Timber Harvesting as a Source of Greenhouse Gas Emissions
October 2009: Land use legislation
August 2009: New State Senate Bill Proposes a Moratorium on Permits for Suction Dredge Mining
August 2009: Draft Environmental Assessment Released for San Joaquin River Restoration Program Interim Flows Project
August 2009: Superior Court Sets Aside Final EIR for Refinery Expansion Project as Inadequate as to Project Description and GHG Mitigation Measures Communities for a Better Environment v. City of Richmond N08-1429 (Contra Costa Super. Ct. June 4, 2009).
August 2009: Legislative update
August 2009: Fourth District finds Approval of Design Plan Application for Previously Approved Business Center Was a Ministerial Act Not Subject to CEQA Health First v. March Joint Powers Authority, 174 Cal. App.4th 1135 (4th Dist. 2009).
August 2009: Third District Finds Lead Agency Disclosure of Privileged Documents to Real Parties in Interest Not a Waiver of Attorney-Client Privilege California Oak Foundation v. County of Tehama, ___Cal.App.4th___ C057578 (3rd Dist. June 11, 2009).
July 2009: San Diego Superior Court Decision Paves Way for Construction of Carlsbad Desalination Project Surfrider Foundation v. California Coastal Commission 37-2008-00075727 (San Diego Super. Ct. May 7, 2009)
July 2009: News from the West
July 2009: Legislative update
July 2009: Clearing Up Red Tape for Green Projects: California Proposes Streamlined Endangered Species Permitting for Renewable Energy Projects
June 2009: Second District Holds Courts Have Statutory Discretion in Determining Remedy for Inadequate Alternatives Analysis in Documents Prepared as Substitute EIRs City of Bellflower v. State Water Resources Control Board, ___Cal.App.4th___ B202660 (2nd Dist. April 3, 2009)
June 2009: Environmental Groups Sue State Challenging CEQA Compliance for Drought Water Bank
June 2009: California Office of Planning and Research Submits Proposed CEQA Guidelines for GHG Emissions to State Resources Agency to Begin Rulemaking Process
June 2009: Fourth District Rules CEQA 30-Day Statute of Limitations Applies to Agency Action Taken Pursuant to a Certified Regulatory Program Strother v. California Coastal Commission, ___Cal. App.4th___ G040745 (4th Dist. April 30, 2009)
June 2009: Land use legislation
June 2009: Delta Water Agencies File Action Challenging Potential Delta Conveyance System
May 2009: Third District Rules City Violated General Plan Policy Requiring ‘Coordination’ with Agencies Regarding Mitigating Impacts to Wetlands and Species California Native Plant Society v. City of Rancho Cordova, ___Cal.App.4th___ C057018 (3rd Dist. Mar. 24, 2009)
May 2009: Land use legislation
May 2009: News from the West
April 2009: Examining the Importance of the California Supreme Court’s Decision in Save Tara v. City of West Hollywood
April 2009: Sacramento Superior Court Upholds City’s Approval of Residential Development Project and Denies Petition Challenging Sufficiency of the EIR Clover Valley Foundation, et al. v. City of Rocklin, et al. 34-2007-00002871-CU-WM-GDS (Sac. County Super. Ct. 2009)
April 2009: Legislative update
April 2009: Third District Rules Local Agency May Not Rely Solely on Fee Program Not Evaluated under CEQA to Issue a Mitigated Negative Declaration and to Approve Project California Native Plant Society v. County of El Dorado 170 Cal.App.4th 1026 (3rd Dist. 2009)
April 2009: Delisting California Brown Pelican Is Landmark Species Recovery
March 2009: State Water Resources Control Board Receives $1,765,000 from the ‘Cleanup and Abatement Account’ for Salinity Actions
March 2009: Fourth District Finds Water District’s Contractual Agreement for Water to Landfill Was Part of the Overall Project and Approval Subject to CEQA Riverwatch v. Olivenhain Municipal Water District, ___Cal.App.4th___ D052237 (4th Dist. Jan. 9, 2009, modified Jan. 30, 2009)
March 2009: California Appellate Court Decides Meaning of California’s Recently-Enacted Water Supply Assessment Statute
March 2009: California Continues Efforts to Integrate Greenhouse Gas/Climate Change Analysis into the State’s Mini-NEPA
March 2009: Sixth District Finds Coastal Commission Failed to Make Findings that Denying a Development Permit Would Result in a ‘Taking’ in Violation of the Coastal Act McAllister v. California Coastal Commission, ___Cal.App.4th___ H031283 (6th Dist. Dec. 30, 2008)
February 2009: Butte County’s Approval of Negative Declaration on Tuscan Aquifer Project Challenged in Butte County Superior Court Butte Environmental Council v. Butte County, et al. 144968 (Butte Co. Super. Ct)
February 2009: Opening Briefs Filed in Challenges to CEQA Environmental Impact Report Prepared for ‘Railyards’ Specific Plan Downtown Plaza, LLC v. City of Sacramento 34-2008-00000721-CU-WM-GDS, filed Jan. 10, 2008 (Sacramento Super. Ct.)
February 2009: Sierra Club Files Suit Against Placer County Regarding Land Use Approvals for Private University Site Sierra Club v. Placer County Board of Supervisors et al filed January 8, 2009 (Placer Co. Super. Ct.)
January 2009: First District Court Finds that a Water Supply Assessment Relying on Groundwater Need Not Analyze Groundwater Pumping by All Users in the Basin O.W.L. Foundation v. City of Rohnert Park, ___Cal. App.4th___ A114809 (1st Dist. Nov. 19, 2008)
January 2009: California Supreme Court Finds Agreement Conditioned on Developer’s Future Compliance with CEQA May Be Deemed a ‘Project Approval’ Requiring CEQA Review Save Tara v. City of West Hollywood 45 Cal.4th 16 (Cal. 2008)
January 2009: Yolo County Farm Bureau Files Suit Challenging Yolo County’s Approval of Siting Agreement for Prison Inmate Reentry Facility Yolo County Farm Bureau v. County of Yolo CV08-2752, filed Nov. 5, 2008 (Yolo Cnty. Super. Ct.)
January 2009: Sixth District Court Upholds Attorney’s Fee Award in Action Brought Pursuant to California Public Records Act Bernardi, et al. v. County of Monterey, ___Cal. App.4th___ M73763 (6th Dist. Sep. 30, 2008)
January 2009: Fourth District Court Rules Subdivision Map Act’s 90-Day Service of Summons Requirement Applies to CEQA Causes of Action Friends of Riverside’s Hills v. City of Riverside, ___Cal. App.4th___ EO42724 (4th Dist. Nov. 24, 2008)
January 2009: News from the West
December 2008: Fifth District Court Concludes that County Approval of Hard Rock Quarry Was Improper Due to Errors in the EIR and Failure to Satisfy SB 610 Gray v. County of Madera, ___Cal.App.4th__ F053661 (5th Dist. Oct. 24, 2008)
December 2008: First District Court Affirms Invalidity of Bayview Hunters Point Redevelopment Plan Referendum Defend Bayview Hunters Point Comm. v. City and County of San Francisco, ___Cal.App.4th___ A119061 (1st Dist. Oct. 21, 2008)
December 2008: California Air Resources Board and California Energy Commission Siting Committee Begin to Develop CEQA Greenhouse Gas Thresholds of Significance
December 2008: 2008 Year-end review of select land use legislation
November 2008: Legislative update
October 2008: California Supreme Court Finds Incidental Take Permit with an Overly Broad ‘No Surprise’ Clause An Abuse of Discretion Environmental Protection and Information Center, et al. v. California Department of Forestry and Fire Protection et al., ___Cal.4th___ S1470547 (Cal. July 17, 2008)
October 2008: Land use legislation
October 2008: California Courts Continue to Focus on California Environmental Quality Act’s Requirements for Analysis of Project’s Contribution to Climate Change Environmental Council of Sacramento v. California Department of Transportation

07CS00967 (Sac. Co. Sup. Ct. July 15, 2008)

August 2008: California Supreme Court Upholds CalFed Environmental Impact Report in Bay-Delta Coordinated Proceedings Case
August 2008: Water Resources and Climate Change: Accommodating the Demise of ‘What’s Past Is Prologue’
August 2008: News from the West
August 2008: Third District Court Holds Sacramento County Decision to Close Airport Not Preempted by State Law but Is a ‘Project’ Subject to CEQA Review Sunset Skyranch Pilots Association v. County of Sacramento, ___Cal.App.4th___ C055224 (3rd Dist. July 2, 2008)
August 2008: City of Half Moon Bay’s Settlement Agreement with Developer Stalled in the California Senate
August 2008: Land use legislation
August 2008: Office of Planning and Research Publishes CEQA Technical Advisory for Climate Change Analysis
August 2008: Senate Bill Shoots for AB 32’s Targets with Transportation and Land Use Planning
August 2008: Consistent Equals Compatible: First District Court Upholds Travis Air Force Base Land Use Compatibility Plan Muzzy Ranch v. Solano County Airport Land Use Commission 164 Cal.App.4th 1 (1st Dist. 2008)
July 2008: Fourth District Court Holds Challenge Brought within 30 Days of Posting Amended Notice of Determination Timely Filed and Upholds Analysis in Supplemental EIR Sierra Club v. City of Orange, ___Cal.App.4th___ G037999 (4th Dist. May 30, 2008)
July 2008: Sacramento Superior Court Grants Peremptory Challenge Finding Parties Timely Filed Challenge under Code of Civil Procedure Section 170.6 Environmental Council of Sacramento v. Sacramento Local Agency Formation Commission 07CS01411 (Sacramento County Superior Ct. May 7, 2008)
July 2008: Land use legislation
July 2008: California Supreme Court Allows Flexibility in Environmental Review of Timber Harvest Plans Ebbetts Pass Forest Watch v. California Department of Forestry and Fire Protection, ___Cal.4th___ S143689 (Cal. May 22, 2008)
July 2008: California Supreme Court Bay-Delta EIR Decision Upholds Limiting Project Alternatives Based on Project Objectives, Upholds General Water Supply Analysis, and Upholds Overall Programmatic Level of Impact Review
July 2008: State Assembly Rejects Proposed Legislation to Offset Water Use of New Developments
July 2008: Climate Change, NEPA, Mini-NEPA’s, and the California Environmental Quality Act—Works in Progress
June 2008: Environmental Group Challenges Crop Idling Water Transfer Program as Potentially Harmful to Fish Habitat and Water Quality in the Delta Butte Environmental Council v. Richvale Irrigation District 143130, filed April 23, 2008, (Butte County Superior Court)
June 2008: CEQA’s Neverending Story—Post-Entitlement Enforcement of Mitigation Measures
June 2008: First District Court Holds School District’s Preparation of EIR Did Not Constitute an Assumption of Responsibility for Student Safety Cerna v. City of Oakland, ___Cal.App.4th___ A115296 (1st Dist. April 11, 2008)
June 2008: California Superior Court Rules No Global Warming Analysis Required by California Environmental Quality Act—However, Water Supply Analysis Inadequate Highland Springs Conference and Training Center v. City of Banning 460967 (Riverside County Superior Court, 2008)
June 2008: Land use legislation
June 2008: Second District Court Rules City of Los Angeles Erroneously Relied upon CEQA Categorical Exemption to Approve Permit for Residential Fence Committee to Save the Hollywoodland Specific Plan and Hollywood Heritage v. City of Los Angeles, ___Cal.App.4th___ B197018 (2nd Dist. Mar. 12, 2008)
June 2008: First District Court Holds Resubmittal of Expired Tentative Map Does Not Constitute a New Project under CEQA—Supplemental Review Required for New Water Supply Moss v. County of Humboldt, ___Cal.App.4th___ A114205 (1st Dist. May 7, 2008)
June 2008: Sixth District Court Permits CEQA Action Regarding Implementation of General Use Permit Condition beyond 30-Day Limitations Period Committee For Green Foothills v. Santa Clara County Board of Supervisors 161 Cal.App.4th 1204, 75 Cal.Rptr.3d 112 (6th Dist. 2008)
May 2008: Second Appellate District Finds Water Supply Assessments Not Actionable until Completion of Environmental Review Process California Water Impact Network v. Newhall County Water District, ___Cal.App.4th____ 2:08-cv-00220-FCD-KJM (2nd Dist April 16, 2008)
May 2008: Nestle Waters North America Reopens the Environmental Process for the Proposed McCloud Spring Water Bottling Facility
May 2008: First District Court Holds CEQA Lawsuit Does Permit Prevailing Party to Obtain Costs Associated with Reparation of Record Agreed to, but Prepared by, Opposing Party St. Vincent’s School for Boys, Catholic Charities CYO v. City of San Rafael, ___Cal.App.4th___ 73 Cal.Rptr.3d 512 (1st Dist. 2008)
May 2008: Corps Revokes Section 404 Permit Issued for a Palm Springs Resort Development Currently Enjoined from Breaking Ground by Court Order
May 2008: California Department of Water Resources Initiates Environmental Review for Bay Delta Conservation Plan
May 2008: Fourth District Court Holds Substantial Evidence Supported Fair Argument that Senior Housing Project May Have Significant Environmental Impact Citizens For Responsible Government v. City of Grand Terrace, ___Cal.App.4th___ E041493/E042092 (4th Dist. Feb. 21, 2008)
May 2008: Legislative update
April 2008: Superior Court Rules No Global Warming Analysis Required by CEQA, but Finds EIR Inadequately Addressed Water Supply Highland Springs Conference and Training Center v. City of Banning 460967 (Riverside County Superior Court, Jan. 29, 2008)
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March 2008: Truckee River Operating Agreement Final EIS/EIR Finds No Significant Impact
March 2008: Environmental Groups Challenge Approval of Coastal Development Permit for Desalination Facility in Carlsbad Surfrider Foundation, Planning and Conservation League v. California Coastal Commission (Poseidon Resources, LLC, et al., Real Parties in Interest) 37-2008-00075727-CU-WM-CTL (San Diego Super. Ct., filed Jan. 14, 2008)
March 2008: First District Court Holds Litigation Privilege Protects Communications Made by Project Proponent during CEQA Environmental Review Process People ex rel Gallegos v. Pacific Lumber Company et al., 158 Cal.App.4th 950 (1st Dist. 2008)
March 2008: Second District Concludes Permitted Maximum Emissions Improper Baseline for CEQA Review where ‘Realized Physical Conditions on the Ground’ Differed Communities for a Better Environment, et al. v. South Coast Air Quality Mgmt. Dist., et al., ___Cal.App.4th_ __ B193500 (2nd Dist. Dec. 18, 2007)
March 2008: Santa Cruz Superior Court Upholds Arana Gulch Master Plan EIR Adopted by City of Santa Cruz California Native Plant Society v. City of Santa Cruz CV 154966 (Santa Cruz Sup. Ct. Nov. 9, 2007)
March 2008: Multiple Groups File Suit on Environmental Impact Report Prepared for Much-Anticipated Sacramento Specific Plan
March 2008: Ninth Circuit Denies Appeal Challenging Government Approach to Feral Animal Population as Moot Feldman v. Bomar, ___F.3d___ 07 C.D.O.S. 269 (9th Cir. Jan. 10, 2008)
February 2008: Environmental Group Sues Irrigation District for Allegedly Violating CEQA when Approving Plan to Drill Research Groundwater Wells Butte Environmental Council v. Glenn-Colusa Irrigation District, et. al 07CV00538, lawsuit filed, Dec. 17, 2007 Glenn Co. Super. Ct.
February 2008: Sacramento Superior Court Invalidates EIR for Expansion of Sacramento Area Wastewater Treatment Plant Contra Costa Water District v. Sacramento Regional County Sanitation District, 05CS00908 (Sac. Co. Super. Ct. Nov. 28, 2007)
February 2008: Fourth District Court Finds EIR’s Failure to Address Prospective ‘Second Dwelling Units’ Not Fatal Save Round Valley Alliance v. County of Inyo, ___Cal.App.4th___ E041364 (4th Dist. Dec. 17, 2007)
February 2008: Fifth District Overrules Trial Court Decision Issuing Writ, Finding No Fair Argument of Significant Impacts of Housing Development Porterville Citizens for Responsible Hillside Development v. City of Porterville, ___Cal.App.4th___ F051953 (5th Dist. Nov. 9, 2007)
February 2008: California Department of Fish and Game Increases CEQA Document Filing Fees
February 2008: EPA Approves Plan by Northeast States to Lower Mercury Levels in Fish
January 2008: Superior Court Denies Challenge to EIR for Water Acquisition from Kern County Water Banking and Recovery Program California Water Impact Network, et al. v. Castaic Lake Water Agency, et al. BS106546, Los Angeles County Super. Ct., Nov. 19, 2007
December 2007: DWR’s Long-Awaited ‘Monterey Plus’ Draft EIR Is Released for Public Comment
December 2007: 2007 Land use legislation wrap up
December 2007: Prohibiting Big Macs and Rollbacks: California’s Ever-Expanding Regulation of Retail End-Users
December 2007: Center for Biological Diversity Files CEQA Lawsuit Challenging Oceano Dunes Race Permit Center for Biological Diversity v. California Department of Parks and Recreation filed Oct. 29, 2007, Sacramento County Superior Court
December 2007: Second District Court Rules Real Party In Interest May Be Liable for Attorneys’ Fees as an ‘Opposing Party’ under Private Attorney General Doctrine Mejia v. City of Los Angeles et al. 156 Cal.App.4th 151 (2nd Dist. 2007)
December 2007: Fifth District Court Finds Agency Engaged in Unlawful Segmentation of its Environmental Review of a Proposed Home Improvement Center Tuolumne County Citizens for Responsible Growth, Inc. v. City of Sonora et al. 155 Cal.App.4th 1214 (5th Dist. 2007)
November 2007: Second District Court Finds Ellis Act Does Not Permit Developer to Evict Tenants without Complying with CEQA Mitigation Measures Lincoln Place Tenants Ass’n v. City of Los Angeles, ___Cal.App.4th ___ B193235 (2nd Dist Sept. 19, 2007)
November 2007: Second District Court Applies Vineyard Principles for the First Time in Approving County’s Water Supply Analysis Santa Clarita Organization For Planning The Environment, et al. v. County of Los Angeles, Newhall Land And Farming Company et al., 155 Cal.App.4th 660, (2nd Cir. 2007)
November 2007: California Attorney General Jerry Brown’s Crusade against Global Climate Change
October 2007: State Board Proposes New Alternatives for Cachuma Project on Santa Ynez River to Protect Steelhead Fisheries
October 2007: City of Stockton Abandons Appeal of Judgment Ordering Rescission of Contract for Privatization of Water and Sewer Services Concerned Citizens Coalition of Stockton, et al., v. City of Stockton, et al. C054860, (3rd Dist, dismissed by stipulation, Aug. 9, 2007)
October 2007: Another Delay for Nestlé’s Plans to Bottle Spring Water in McCloud
October 2007: Budget Trailer Bill Creates Exception for Climate Change Analysis under the California Environmental Quality Act
October 2007: Second District Court Holds Business Competitor Lacks Standing to Bring CEQA Lawsuit
October 2007: Combating Global Warming through the California Environmental Quality Act
October 2007: Second District Upholds City’s Use of Addendum under CEQA where Revised Project Will Not Result in New Significant Impacts or Increase Severity of Disclosed Impacts Mani Brothers Real Estate Group v. City of Los Angeles, ___Cal.App.4th___ B194309 (2nd Dist. Aug. 3, 2007)
October 2007: Settlement in People v. San Bernardino Offers Fresh Blueprint to Assess and Mitigate Climate Change Impacts under CEQA People v. County of San Bernardino CIVSS 700329, settlement agreement, August 21, 2007, San Bernardino County Superior Court
October 2007: First District Finds City Did Not Abuse Discretion by Finding Project Consistent with Applicable Plans or by Awarding Density Bonus Beyond that Required by Law Friends of Lagoon Valley v. City of Vacaville, ___Cal.App.4th___ A113236 (1st Dist. Aug. 28, 2007)
August 2007: CEQA Challenge to Development Based on Climate Change Rejected by Napa County Superior Court American Canyon Community United for Responsible Growth v. City of American Canyon 26-27462, May 22, 2007 (Napa County Superior Court)
August 2007: Environmental Groups Sue Central Valley Regional Board Water Quality Control Board over Waivers for Agricultural Discharges California Sportfishing Protection Alliance v. California Regional Water Quality Control Board—Central Valley, filed June 15, 2007, Sacramento Superior Court
August 2007: First District Affirms Ruling that Citizen Group Missed CEQA’s Statute of Limitations to Challenge Approval of Redevelopment Project Citizens for a Megaplex-Free Alameda v. City of Alameda, et al. 149 Cal.App.4th 91 (1st Dist. 2007)
August 2007: Supreme Court Holds Adoption of Airport Land Use Plan Freezing Land Use Restrictions Qualifies for ‘Common Sense’ Exemption from CEQA Muzzy Ranch Co., v. Solano County Airport Land Use Commission, ___ Cal.4th___ S131484 (Cal. June 21, 2007)
July 2007: Land use legislation
July 2007: Fifth District Issues Modification to Woodward Park Case; Judgment Left Unaltered Woodward Park Homeowners Association, Inc. et al., v. City of Fresno et al. 149 Cal.App.4th 892 (5th Dist. 2007)
July 2007: Fourth District Finds Venue Provision Challenging Acts of Public Officials Includes Suits Seeking to Vindicate Public Rights California State Parks Foundation et al., v. Superior Court of San Diego County; Foothill/Eastern Transportation Corridor Agency et al. 150 Cal.App.4th 826 (4th Dist. 2007)
June 2007: Superior Court Invalidates Local Measures Limiting Expansion of UC Campus by Restricting Water and Sewer Service on Procedural Grounds Regents of the University of California v. City of Santa Cruz, et al. CISCV155136, Minute Order, Apr. 20, 2007 (Santa Cruz County Superior Court)
June 2007: Superior Court Allows River Islands Development to Continue without Consideration of the Flood Effects of Global Climate Change NRDC, et al. v. Reclamation Board et al. 06CS01228 (Sacramento County Superior Court)
June 2007: First District Rules EIR Required for Timberland-to- Vineyard Conversion with Potential Impacts to Watershed and ‘Sediment and Temperature Impaired’ Salmon Sierra Club v. California Department of Forestry, ___Cal.App.4th___ A113774 (1st Dist. Mar. 29, 2007)
June 2007: Fifth District Rules against City under CEQA for Inadequate EIR and Statement of Overriding Considerations Woodward Park Homeowners Association, Inc., et al. v. City of Fresno, et al. 149 Cal.App.4th 892 (5th Dist. 2007)
June 2007: Third District Voids Municipal Services Agreement for Proposed Casino Development for Failure to Treat Agreement as a ‘Project’ under CEQA County of Amador et al., v. City of Plymouth, et al., ___Cal.App.4th___ C050066 (3rd Dist. April 17, 2007)
June 2007: California Files CEQA Suit against San Bernardino County for Failing to Evaluate Global Warming Impacts State of California v. County of San Bernardino 0700329, filed April 12, 2007, (San Bernardino County Superior Court)
June 2007: Fifth District Rejects EIR for Inadequate Project Description, Baseline Assumptions, and Improperly Deferred Mitigation San Joaquin Raptor Rescue Center, et al. v. County of Merced, et al. 149 Cal.App.4th 645 (5th Dist. 2007)
June 2007: Greenhouse Gas Emissions and Climate Change: CEQA Catches Up with Science, Celebrities, and Product Placement
June 2007: Land use legislation
June 2007: Fifth District Finds Late Filed Request for CEQA Hearing Does Not Cure Failure to Meet Deadline—Even if Filed Prior to Motion to Dismiss Fiorentino v. City of Fresno ___Cal.App.4th___ (5th Dist. May 4, 2007)
May 2007: Inyo County Superior Court Finds LADWP Has More Work to Do in Restoring the Lower Owens River Sierra Club v. L.A. Dept. of Water & Power CIV-0129768 (Inyo Co. Superior Court., March 12, 2007)
May 2007: Superior Court Rules Castaic Lake Water Agency Was Proper Lead Agency for Water Transfer EIR— Water Transfer Agreement Is Final and Cannot Be Set Aside Planning and Conservation League, et al. v. Castaic Lake Water Agency, et al. BS098724 (Los Angeles Co. Super. Ct. April 2, 2007)
May 2007: The California Endangered Species Act Is Like the ‘Hotel California’, where Endangered Species ‘Can Check in Anytime They Like, but They Can Never Leave’
May 2007: State Water Resources Control Board Cancels 17-Year-Old Application for Mokelumne River Water
May 2007: Groups File CEQA Challenges to U.C. Campus Expansion Plans—Win Preliminary Injunction Panoramic Hill Association v. Regents of the University of California; City of Berkeley v. University of California, Berkeley; California Oak Foundation et al., v. Regents of the University of California RG06-301644, RG06-302934, RG06-302967 (Alameda County Superior Court)
May 2007: State Water Resources Control Board Considers Alternatives for Filling the Gap in Wetlands Regulation Wetland and Riparian Area Protection Policy (Proposed Policy) State Water Resources Control Board (2007)
May 2007: Legislative update
April 2007: Allegretti v. County of Imperial: Return to Reason
April 2007: Second District Finds that CEQA Review Is a Prerequisite to Approval of Agreement for Conveyance and Development of Historic Property Save Tara v. City of West Hollywood, ___Cal.App.4th ___ B185656 (2nd Dist. Feb. 21, 2007)
April 2007: California Supreme Court Imposes Significant New Requirements for Analysis of Water Supplies for Land Use Plans under CEQA Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova 40 Cal.4th 412, petitions for rehearing pending (2007)
April 2007: Fifth District Concludes Property Transfer Is Not a CEQA Project in the Absence of Known, Imminent Development Plans Friends of the Sierra Railroad v. Tuolumne Park and Recreation District, ___Cal.App.4th ___

F050117 (5th Dist. Jan. 12, 2007)

April 2007: Legislative update
April 2007: Fourth District Holds City’s Issuance of Grading Permit Consistent with Conditional Use Permit Did Not Violate CEQA Madrigal et al. v. City of Huntington Beach, ___Cal.App.4th___ G036991 (4th Dist. Jan. 1, 2007, pub. ordered Feb. 27, 2007)
April 2007: First District Holds High Financial Cost of Alternatives Does Not Automatically Render Them ‘Infeasible’ under CEQA Uphold Our Heritage v. Town of Woodside 147 Cal.App.4th 587 (1st Dist. 2007)
March 2007: Sixth District Court Upholds Denial of CEQA Petition Challenging Mitigated Negative Declaration for Monterey County Development Project Landwatch Monterey County v. County of Monterey, ___Cal.App.4th___ H028659, Unpub. Op. (6th Dist. Jan. 23, 2007)
March 2007: Third District Court Holds ‘Project’ for CEQA Purposes Does Not Arise Prior to Vesting of Rights and Agency Course of Action Decision Concerned McCloud Citizens v. McCloud Community Services District et al., Nestle Waters North America, Inc. 147 Cal.App.4th 181 (3rd Dist. 2007)
March 2007: California Supreme Court Rejects Rancho Cordova EIR’s Water Supply Analysis Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova, ___Cal.4th___ S132972 (Feb. 1, 2007)
March 2007: The Water Supply-Land Use Waltz Plays On: The California Supreme Court’s Decision in Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova
March 2007: Sixth District Finds Monterey County’s CEQA Determination ‘Intermediate Environmental Decision’ Not Subject to Judicial Review McAllister v. County of Monterey, ____Cal.App.4th ___ H028813 (6th Dist. Jan. 31, 2007)
March 2007: Got Water?—California Supreme Court Clarifies CEQA Requirements for Analysis of Water Supplies
March 2007: First District Upholds City’s Certification of Applicant Prepared EIR and Approval of Zoning Variance for Church School Playground Eureka Citizens for Responsible Government v. City of Eureka, ___ Cal.App.4th ___ A113289 (1st Dist. Feb. 1, 2007)
March 2007: News from the West
February 2007: Environmental Group Allege ‘Paper Water’ In Challenging Water Supply Acquisition by Castaic Lake Water Agency
February 2007: Lawsuit Filed over Contra Costa Water District’s Plan to Divert Water from a New Delta Intake Location San Luis & Delta Mendota Water Authority v. Contra Costa Water District 06CS01778 (Sacramento Super. Ct., filed Dec. 15, 2006)
February 2007: Third District Court Affirms Attorneys’ Fees Award Against State Agencies which Attempted to Convert Farmland under Williamson Act Contract into Wildlife Habitat County of Colusa v. California Wild Life Board et al. 145 Cal.App.4th 637 (3rd Dist. 2006)
February 2007: Global Warming Reaches California Regulatory Agencies and Courts—and You
February 2007: First District Court Holds that Public Resources Code 21166 Applies to Second Phase of Project that Included ‘Big Box’ Store—But Overturns City’s Decision to Forego Further Environmental Review American Canyon Community United for Responsible Growth v. City of American Canyon, ___Cal.App.4th___ A111278, A112088 (1st Dist. Nov. 17, 2006)
January 2007: Water Legislation 2006: Out-Of-State Influences Impact Legislation in a Constructive but Uneventful Year
January 2007: Appeals Filed with the Delta Protection Commission Challenging Yolo County’s Approval of the Old Sugar Mill Project
January 2007: Fifth Appellate District Reverses Denial of Motion to Tax $33,000 Cost Award for Preparation of CEQA Record Wagner Farms, Inc. v. Modesto Irrigation District, ___Cal. App. 4th____ F049966 (5th Dist. Dec. 6, 2006)
January 2007: Owens River Restoration—Los Angeles Takes First Steps towards Restoring Portions of the Lower Owens River
January 2007: Salton Sea Draft Programmatic Environmental Impact Report: Battle to Save the Salton Sea
December 2006: California Court of Appeal Rules Los Angeles Regional Board’s MS4 Permit Is Not Subject to California Environmental Quality Act County of Los Angeles v. State Water Resources Control Bd. 143 Cal.App.4th 985 (Cal. App. 2nd Dist.2006)
December 2006: Salton Sea Ecosystem Restoration Program Draft Programmatic Environmental Impact Report Released for Public Review and Comment
December 2006: Third District Court of Appeal Upholds Placer County’s CEQA Finding that a Mining Operation Has a Sufficient Water Supply Western Placer Citizens for an Agricultural and Rural Environment v. County of Placer (Teichert, Inc.), ___Cal.App.4th___ C049364 (3rd Dist. Nov. 9, 2006)
December 2006: Environmental Groups Sue California Department of Fish and Game for Violating CEQA and Its Own Policies when Stocking Fish Pacific Rivers Council v. California Department of Fish and Game

06CS01451, filed Oct. 5, 2006 (Sacramento Superior Court)

December 2006: Fishing Alliance Sues California Department of Water Resources over Delta Pumping Water Enforcers v. Cal. Dept. of Water Resources RG06292124, filed October 4, 2006 (Alameda Superior Court)
December 2006: Jumping through Hoops on the Way to the Courthouse: Citizens for Open Government v. City of Lodi and the Duty to Exhaust Administrative Remedies under CEQA
December 2006: 2006 Year-End Legislative Summary
November 2006: Fourth District Upholds Environmental Impact Report Permitting Mission Creek Well Project to Continue Sierra Club v. Mission Springs Water District, ___ Cal. App.4th___ E039194 (4th Dist. Sept. 21, 2006)
November 2006: First District Finds Abuse of Discretion, Violations of CEQA in Agency’s Approval of Timber Harvest Plan Modified During Public Comment Period Joy Road Area Forest and Watershed Association v. California Department of Forestry & Fire Protection 142 Cal.App.4th 656 (1st Dist. 2006)
November 2006: When Worlds Collide—Who Mitigates the Off-Site Impacts of State Projects
November 2006: Third District Finds Purchase and Conversion of Land for Conservation Easement Not Categorically Exempt from CEQA Despite Its Environmentally Beneficial Purpose California Farm Bureau Federation v. California Wildlife Conservation Board, ___Cal.App.4th___ C049919 (3rd Dist. Sept. 21, 2006)
November 2006: Legislative update
October 2006: Environmental Groups Sue to Ensure Decision-Makers Account for Global Warming When Considering Future Development
October 2006: Legislative update
October 2006: Third District Concludes Airport Variance Did Not Entitle County to Obstruct Navigable Airspace in Perpetuity Rancho Murieta Airport, Inc. v. County of Sacramento, ___Cal.App.4th___ C049783 (3rd Dist. Aug. 29, 2006)
October 2006: Third District Finds City’s Reliance on Addendum to Previous Project’s Mitigated Negative Declaration Violates CEQA Save Our Neighborhood v. Lishman 140 Cal.App.4th 1288 (3rd Dist. 2006)
October 2006: Sixth District Finds City’s Failure to Fully Evaluate Reduced Size Alternative Violated CEQA Preservation Action Council v. City of San Jose 141 Cal. App.4th 1336 (6th Dist. 2006)
August 2006: Sixth District Court of Appeal Holds that Approval of a Proposed Water Credit Transfer Violated CEQA Save Our Carmel River v. Monterey Peninsula Water Management District, ___Cal.App.4th____ H029242 (6th Dist. June 23, 2006)
August 2006: Sixth District Holds School Closure Decision Properly Exempt from CEQA San Lorenzo Valley Community Advocates for Responsible Education v. San Lorenzo Valley Unified School District 139 Cal.App.4th 1356 (6th Dist. 2006)
August 2006: Public Fear and Misconception Generate Obstacles to Successful Water Banking Projects—Planners Must Focus on Public Process to Educate, Communicate, and Adapt to Avoid Failure
August 2006: Legislative update
August 2006: Sixth District Upholds EIR for Proposed Wal-Mart Despite Failure to Provide Full 45-Day Comment Period Gilroy Citizens for Responsible Planning, et al. v. City of Gilroy, et al., ___Cal. App.4th___ H028539 (6th Dist. June 22, 2006)
June 2006: Environmental Group Files CEQA Lawsuit Challenging LAFCO’s Elimination of Water Conservation District’s Sphere of Influence Center for Biological Diversity v. San Bernardino Local Agency Formation Commission SCVSS136990, filed April 19, 2006 (San Bernardino County Superior Court)
June 2006: Superior Court Judge Strikes Down Los Osos Initiative Related to Siting of Sewer and Wastewater Treatment Facilities Taxpayers Watch v. Los Osos Community Services District CV 05-1012 (San Luis Obispo Co. Superior Ct. April 3, 2006)
June 2006: Relicensing the Oroville Project: The Long and Winding Road to a Federal Hydropower License
June 2006: Fifth District Upholds City of Turlock’s Anti-‘Big Box’ Retail Ordinance, Rejecting CEQA and Police Power Claims Wal-Mart Stores Inc. v. City of Turlock, et al. 138 Cal. App.4th 273 (5th Dist. 2005)
May 2006: Court Uphold’s Castaic Lake Water Agency’s Groundwater Banking Plan California Water Network v. Castaic Lake Water Agency Case No. B177978 (Ventura County Super. Ct. March 23, 2006)
May 2006: Legislative update
April 2006: Recent land use legislation
April 2006: Third District Finds Compliance with California Department of Pesticide Regulation’s Regulatory Program Constitutes Equivalent CEQA Compliance Californians for Alternatives to Toxics v. California Dept. of Pesticide Regulation 136 Cal.App.4th 1049 (3rd Dist. 2006)
April 2006: Settling with Certainty—California Courts of Appeal Grapple with Challenges to the Settlement of Land Use Litigation
March 2006: First District Finds State Agency Must Conduct CEQA Review of Use of Pesticide Products in Winegrap Disease Control Program Californians for Alternatives to Toxic, et al. v. Calif. Department of Food and Agriculture, ___Cal.App.4th___ A107088, published Jan. 27, 2006 (1st Dist. Dec. 29, 2005)
March 2006: Court of Appeal Reviews Decision on Zero Trash TMDL for the Los Angeles River City of Arcadia v. State Water Resources Control Board, ___Cal.App.4th___ D043877 (4th Dist. Jan. 26, 2006)
March 2006: Court Rules that Revised EIR Adequately Disclosed Water Supply Uncertainty and Perchlorate Impact in SCOPE Case Santa Clarita Organization for Planning the Environment v. County of Los Angeles (Newhall Land and Farming Co.) 1043805 (Santa Barbara Co. Super. Ct. Jan. 6, 2006)
March 2006: Fourth District Rules CEQA Does Not Apply to County Decision to Place Local Sales Tax Measure Promulgated by Local Transportation Authority on Ballot San Bernardino Associated Governments v. Superior Court of San Bernardino County (Sierra Club), ___Cal.App.4th___ E037468 (4th Dist. Jan. 23, 2006)
March 2006: California Supreme Court Accepts Review of In re Bay-Delta Programmatic EIR Cases In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, 133 Cal.App.4th 154 (2005), cert. granted, Cal. Supr. Ct., Jan. 25, 2006
February 2006: Fourth District Court Affirms Rule that Petitioners Bear Cost of Preparing Record in Writ of Mandate Proceeding Black Historical Society v. City of San Diego, et al 134 Cal.App.4th 1376 (4th Dist. 2005)
February 2006: First District Court Upholds Agreements Allowing Timber Harvesting in Humboldt County Environmental Protection Information Center v. California Dept. of Forestry and Fire Protection, ___Cal. App.4th___ A104828 (1st Dist. Dec. 12, 2005)
February 2006: First District Court Rules that CEQA Does Not Apply to Interior Home Projects Martin v. City & County of San Francisco, ___Cal. App.4th___ A107768 (1st Dist. Dec. 29, 2005)
January 2006: California Department of Water Resources Releases South Delta Improvements Program Environmental Impact Report
January 2006: Fourth District Holds Project Specific EIR Not Required where Master EIR Provides Adequate Environmental Review of Project’s Impacts Citizens for Responsible Equitable Environmental Development v. City of San Diego Redevelopment Agency, et al., ___Cal.App.4th___ D045274 (4th Dist. Nov. 30, 2005)
January 2006: Third District Rules Air Quality and Alternatives Analysis In EIR/EA for Proposed Hotel, Casino and Highway Interchange Project Inadequate County of El Dorado v. California Department of Transportation, et al. 133 Cal.App.4th 1376 (3rd Dist. 2005)
January 2006: News from the West In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings 133 Cal.App.4th 154 (3rd Dist. 2005)
December 2005: Third District Court Holds Bay-Delta Programmatic Environmental Impact Statement/Report Legally Insufficient In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, ___Cal.App.4th___ 4152, (3rd Dist. Oct. 7, 2005)
December 2005: Second District Decertifies Environmental Impact Report Based upon Inadequate Water Supply Analysis California Oak Foundation v. City of Santa Clarita,___Cal.App.4th___ B175580 (2nd Dist. Nov. 2, 2005)
December 2005: 2005 Land use Legislation Wrap Up
November 2005: Ball, Strike or Balk? Public Accountablity and Judicial Restraint in In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings
November 2005: California Reclamation Board Scrutinizes Development Protected by Levees and Takes Aim at Redevelopment Project in Yolo County
November 2005: Urban Decay—The Uncertain Intersection of CEQA and Economic Analysis
November 2005: District Court in California Rules Revised Natomas Basin Habitat Conservation Plan Satisfies the Endangered Species Act National Wildlife Federation, et al., v. Norton, ___F.Supp.2d___ Civ. No. S. 04-570-DFL-JFM (E.D. Cal. Sept. 8, 2005)
November 2005: Land use legislation
October 2005: Lawsuit Seeks to Invalidate Amador Water Agency Resolution Related to Amador Water Transmission Project Evitt v. Amador Water Agency 05-CV-3903, filed July 28, 2005 (Amador Co. Super. Ct.)
October 2005: CALFED and the California Farm Bureau Settle Lawsuit over Environmental Review of the Environmental Water Account California Farm Bureau Federation v. Michael Chrisman, et al. 04CS00490 (Sac. Co. Super. Ct.)
October 2005: Second District Finds Los Angeles Cannot Ignore Mitigation Measures Adopted as Part of Redevelopment Project Lincoln Place Tenants Association v. City of Los Angeles 130 Cal.App.4th 1491 (2nd Dist. 2005)
October 2005: Sixth District Rules More CEQA Study Needed of Impacts of Off-Leash Dogs on State Beach Lighthouse Field Beach Rescue v. City of Santa Cruz 131 Cal.App.4th 1170 (6th Dist. 2005)
October 2005: California Supreme Court Rules Director of Department of Conservation Has Standing to File Petition for Writ of Mandate under SMARA People ex rel. California Dept. of Conservation v. El Dorado County (Brunius) 36 Cal.4th 971 (Cal. 2005)
October 2005: First District Finds a Memorandum of Understanding between a City and an Indian Tribe Was Not a Project Requiring CEQA Review Citizens To Enforce CEQA v. City of Rohnert Park, ___Cal.App.4th___ A106592 (1st Dist. July 25, 2005)
October 2005: Fourth District Finds EIR Fatally Flawed and Project Inconsistent with Orange County’s General Plan Endangered Habitats League, Inc. v. County of Orange, ___Cal.App.4th___ G034416 (4th Dist. June 29, 2005)
October 2005: Legislative update
October 2005: First and Fourth Districts Reach Different Results on Private Attorney General Fee Awards where Petitioners Achieve Limited CEQA Claims Success Bowman v. City of Berkeley 131 Cal.App.4th 173 (1st Dist. 2005)
September 2005: California: Water Supply and the Land Use Connection
August 2005: Exportation of Local Water Supplies under Bottled Water Deals Causes Controversy
August 2005: Superior Court Rejects Challenge to Water Credit Transfer Administered by the Monterey Peninsula Water Management District Save Our Carmel River et al. v. Monterey Peninsula Water Management District et al. M72061 (Monterey Co. Superior Ct. Oct. 24, 2004)
August 2005: Superior Court Finds Los Angeles Department of Water and Power in Violation of Stipulated Orders regarding Lower Owens River Sierra Club et al. v. City of Los Angeles SICVCV-01-29768 (Inyo Co. Superior Ct. June 24, 2005)
August 2005: Third District Court Upholds EIR for Proposed Wal-Mart on All Grounds Except Traffic Mitigation Fees Anderson First Coalition v. City of Anderson, FHK Companies, Inc., ___Cal.App.4th___ CO47605 (3rd Dist. June 30, 2005)
August 2005: Legislative update
August 2005: Fifth District Court Orders Merced County to Pay Petitioner’s Attorney’s Fees in CEQA Case Protect Our Water et al. v. County of Merced, ___Cal. App.4th___ F044896, unpub. opinion (5th Dist. May 25, 2005)
August 2005: Second District Court Rejects Use of Mitigated Negative Declaration where Potential Wildlife and Traffic Impacts May Exist Mejia v. City of Los Angeles, ___Cal.App.4th ___ B174453 (2nd Dist. May 27, 2005; pub. ordered June 16, 2005)
July 2005: Nine Lawsuits Plague Colorado River Quantification Settlement Agreement
July 2005: Court of Appeal Confirms Attorneys Fee Award for Initiating Action that Lead to Positive Impact on Public Interest Protect Our Water v. County of Merced, ___Cal. App.4th___ F044896, unpub. op. (5th Dist. May 25, 2005)
July 2005: California Supreme Court Backs Coasal Commission Grant of Housing Development Permit Sierra Club v. California Coastal Commission, ___Cal.4th___ S116081 (May 20, 2005)
July 2005: Legislative update
June 2005: The Proposed Lower Yuba River Accord: From Controversy to Consensus
June 2005: Superior Court Upholds Central Valley Regional Board’s Conditional Waiver of Waste Discharge for Agriculture DeltaKeeper v. California Regional Water Quality Control Board for the Central Valley, 04CS00235
June 2005: Third District Court of Appeal Holds that Environmental Impact Reports Not Necessary for Two Water Assignments to the City of Tracy Sierra Club v. West Side Irrigation Dist. ___Cal.App.4th___ C044989, C045015 (5th Dist. March 22, 2005)
June 2005: Sacramento County Rewarded for Comprehensive Water Supply Planning for Future Growth Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova
June 2005: Fifth District Court Requires Kern County to Prepare an EIR Prior to Adoption of Municipal Ordinance Regulating Use of Sewage Sludge County Sanitation District No. 2 of Los Angeles County v. California Association of Sanitation Agencies 127 Cal.App.4th 1544 (5th Dist. 2005)
June 2005: First District Court Holds City of Hayward Improperly Delegated Cost of Preparing CEQA Administrative Record to Developer Hayward Area Planning Association v. City of Hayward 128 Cal.App.4th 176 (1st. Dist. 2005)
June 2005: Third District Court Decides State Lands Commission’s Finding that Project “Enhanced The Configuration of the Shoreline” Not Supported by Substantial Evidence California Earth Corps v. California State Lands Commission, ___Cal.App.4th___ C041603 (3rd Dist. April 21, 2005)
June 2005: Legislative Update
May 2005: Cherry Valley Residents Challenge Specific Plan EIR’s Water Supply Analysis Cherry Valley Pass Acres and Neighbors v. City of Beaumont RIC 427282, petition filed Mar. 17, 2005 (Riverside Co. Super. Ct)
May 2005: Environmental Groups File Petitions to Prevent Transfers of Water to Castaic Lake Water Agency Planning and Conservation League v. Castaic Lake Water Agency, Case No. 231588, Jan. 25, 2005 (Ventura Co. Super. Ct.); California Water Impact Network v. Castaic Lake Water Agency 231606, Jan. 24, 2005 (Ventura Co. Super. Ct.)
May 2005: SWRCB Holds Public Workshop to Consider Petition Related to AB2121 Mandates Regarding Water Diversions on Central Coast Streams
May 2005: Third District Court Rules ‘Identified,’ Though Not Yet Developed, Water Supply May Satisfy CEQA Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (Sunrise Douglas Property Owners Assn.) 127 Cal.App.4th 490 (2005)
May 2005: Legislative Update
April 2005: Desalination Facilities and Coastal Power Plants: Finding New Use for Old Technology
April 2005: Twin Lawsuits Challenge CEQA Compliance for Water Credit Transfers on Monterey Peninsula Save Our Carmel River et al. v. Monterey Peninsula Water Management District et al., Case No. M72061 (Monterey Co. Sup. Ct. Oct. 24, 2004 ); Save Our Carmel River et al. v. Monterey Peninsula Water Management District et al. M72877 (Monterey Co. Sup. Ct. Jan. 6, 2005)
April 2005: Win Some. Lose Some. Will It Ever End? The War over Water Supply in the Santa Clarita Valley
April 2005: Second District Court Rejects Second Challenge to Los Angeles’ Approval of a General Plan Federation of Hillside and Canyon Associations v. City of Los Angeles, ___Cal.App.4th ___ B166819 (2nd Dist. Feb. 17, 2005)
April 2005: Legislative Update
March 2005: The New World of State and Local Wetlands Regulation
March 2005: First District Court Overturns County Project Approval Based on Improper Reliance on Mitigation Measures to Grant a Categorical Exemption under CEQA Salmon Protection and Watershed Network v. County of Marin, ___Cal.App.4th___ A105592 (1st Dist. Dec. 16, 2004; pub. ordered Jan. 18, 2005)
March 2005: Fourth District Court Rules Service of Petition Was Untimely for Conditional Use Permit Challenge and without Exception under Government Code Royal Carpet Mills, Inc. v. City of Irvine 125 Cal.App.4th 1110 (4th Dist. 2005)
February 2005: Fifth District Court Finds EIRs Prepared for Two Projects Containing Wal-Mart as Anchor Tenant Inadequate under CEQA. Bakersfield Citizens for Local Control v. City of Bakersfield, ___Cal.App.4th___, Consol. Case No’s. F044943 and F045035 (5th Dist. Dec. 13, 2004).
February 2005: CalTrout Petitions SWRCB to Assume Lead Agency Role for EIR on Mammoth Creek Instream Flow Schedule.
February 2005: Second District Court Overturns Planning Commission Decision because of the Unacceptable Probability of Actual Bias. Nasha, L.L.C., v. City of Los Angeles, ___Cal.App.4th___, Case No. BC258585 (2nd Dist. Dec. 29, 2004).
February 2005: First District Court Finds an Airport Land Use Plan Is a Project Subject to CEQA. Muzzy Ranch Co. v. Solano County Airport Land Use Commission, ___Cal.App.4th___, Case No. A104955 (1st Dist. Jan. 5, 2005).
January 2005: California Department of Water Resources Offers Nearly $4.6 million in Proposition 40 Grant Money for Urban Stream Restoration Grants
January 2005: Third District Court Rules State Water Resources Control Board Must Specify ‘Actual Use’ Central Delta Water Agency v. State Water Resources Control Board (Delta Wetlands Properties) C041749, modifying opinion of Nov. 19, 2004 (3rd Dist. Dec. 16, 2004)
January 2005: First District Court Finds Alameda Initiative to Amend County General Plan Inapplicable to Previously Issued Surface Mining Permit Save Our Sunol, Inc. v. Mission Valley Rock Company, ___Cal.App.4th___ A105160 (1st Dist. Nov. 19, 2004)
January 2005: Court-Issued Writ Commanding Agency to Account for “All” Sources of Pollution Is Limited to Sources Identified in EIR Riverwatch v. County of San Diego D042430 (4th Dist. Oct. 25, 2004)
January 2005: Fifth District Court Finds CEQA Request for Hearing Requirement Does Not Require the Setting of a Hearing Date Leavitt v. County of Madera, ___Cal.App.4th ___ F044068 (5th Dist. Nov. 3, 2004)
December 2004: California Court of Appeal Upholds Asbestos Emissions Standards Coalition for Reasonable Regulation of Naturally Occurring Substances v. California Air Resources Board, ___Cal.App.4th___ C041897 (Cal. App. Oct. 1, 2004)
December 2004: Sixth District Court Finds Substantial Evidence to Support Finding that Monterey County’s “Old Jail” Has Historic Value Requiring an EIR Before Demolition May Occur Architectural Heritage Association, et al. v. County of Monterey 122 Cal.App.4th 1095 (6th Dist. 2004)
December 2004: Third District Court Upholds El Dorado County’s Finding that Mining Reclamation Plan Did Not Require Preparation of an EIR El Dorado County Taxpayers for Quality Growth v. County of El Dorado 122 Cal.App.4th 1591 (3rd Dist. 2004)
December 2004: Legislative update
December 2004: Fourth District Court Upholds EIR For Conversion of Mobile Home Park to Public Recreational Facilities El Morro Community Association v. California Department of Parks and Recreation 122 Cal.App.4th 1341 (4th Dist. 2004)
December 2004: Third District Rejects Holding in McCormick v. Board of Supervisors—Finds CEQA Requirement to Request a Hearing within 90-days Satisfied by Document Entitled “Request for a Hearing”. Association for Sensible Development at Northstar, Inc. v. Placer County (Northstar Mountain Properties, LLC) ___Cal.App.4th___ CO44364 (3rd Dist. Oct, 4, 2004)
December 2004: Code of Civil Procedure § 473(b) Fails to Relieve Water Agency’s Failure, Through Its Attorney’s “Inexcusable Neglect,” to Timely Request a CEQA Hearing Nacimiento Regional Water Management Advisory Committee v. Monterey County Water Resources Agency, ___Cal.App.4th___ A104687 (1st Dist. Sept. 29, 2004)
November 2004: First District Court Clarifies When Statements of Technical Issues Constitute Substantial Evidence and When Aesthetic Impacts Will Be Considered Significant under CEQA Bowman v. Berkeley 122 Cal.App.4th 772 (1st Dist. 2004)
November 2004: Third District Court Upholds Reclamation Plan Approval Based on a Negative Declaration. El Dorado County Taxpayers for Quality Growth v. County of El Dorado CO44541, unpublished opinion (3rd Dist. Sept. 14, 2004)
October 2004: Legislative update
October 2004: City’s Adoption of a Qualified Voter-Sponsored Initiative Found to Be a Ministerial Act Not Subject to CEQA Native American Sacred Site and Environmental Protection Association v. City of San Juan Capistrano 120 Cal.App.4th 961 (4th Dist. 2004)
October 2004: Recent Court Decisions and Publications Provide Guidance in Piecing Together Water Supply Analyses for Development Projects
October 2004: Fourth District Finds that an EIR Does Not Need to Identify the End User of a Commercial Project. Maintain Our Desert Environment v. Town of Apple Valley, ___Cal.App.4th___ E033904 (4th Dist. June 10, 2004)
October 2004: First District Affirms Decision Finding Inclusion of Economic Feasibility Analysis in an Environmental Impact Report Unnecessary Sierra Club v. County of Napa (Beringer Wine Estates), ___Cal.App.4th ___ A101941 (1st Dist. Aug. 6, 2004)
August 2004: San Joaquin River Exchange Contractors Water Transfer Program Draft EIS/EIR Available for Public Review.
August 2004: California Supreme Court to Review Two Decisions Regarding Inter-Agency Jurisdiction over Timber Harvesting Operations Congregation Etz Chaim v. City of Los Angeles, ___F.3d___ 02-56487 (9th Cir. June 16, 2004)
August 2004: Fourth District Upholds Irvine’s Certification of Program EIR for General Plan Amendment andZone Change Villa De Las Palmas Homeowners Association v. Terifa 33 Cal.4th 73 (Cal. 2004)
August 2004: Fourth District Upholds Irvine’s Certification of Program EIR for General Plan Amendment and Zone Change Defend the Bay v. City of Irvine, ___Cal.App.4th___ G032062 (4th Dist. June 29, 2004)
August 2004: Napa Valley Wine Train Is Not a Common Carrier and Therefore Not Subject To Regulation as a Public Utility

City of St. Helena v. Public Utilities Commission

___ Cal.App.4th ___(1st Dist. June 21, 2004)

July 2004: Fourth District Court Upholds City’s Decision to Close Public Road on Grounds Road Was No Longer Necessary for Vehicular Traffic. Citizens for Improved Sorbent Access, Inc. v. City of San Diego,___Cal.App. 4th___ D043024 (4th Dist. May 14, 2004).
July 2004: Resources Agency Issues Proposed CEQA Guideline Amendments.
July 2004: First District Court Finds CEQA Is Not Implicated in Issuance of Federal Power Plant Permit. City of Morgan Hill v. Bay Area Air Quality Management Dist., ___Cal.App.4th___ A102518 (1st Dist. May 14, 2004 ).
July 2004: Area-of-Origin Water Rights: A Promise Kept?
June 2004: Legislative Update
May 2004: San Joaquin Superior Court Grants New Trial in CEQA Challenge to City of Stockton Water Privatization Contract Concerned Citizens Coalition, et al., v. City of Stockton San Joaquin Super. Ct., Case No. CV020397.

May 2004: Court Rejects Mitigated Negative Declaration, Requires EIR to Be Prepared for Reservoir Cover Based on Flooding and Potentially Significant Aesthetic Impacts Ocean View Estates Homeowners Association, Inc. v. Montecito Water District 116 Cal.App.4th 396 (2nd Dist. 2004).
May 2004: Water Agency’s EIR Found Invalid under CEQA for Failure to Include a Statement of Reasons Protect the Historic Amador Waterways v. Amador Water Agency 116 Cal.App.4th 1099 (3rd Dist. 2004).
May 2004: Court of Appeal Requires Agency to Consider the “Whole of an Action” When Determining whether a “Project” Exists under CEQA Association for a Cleaner Environment v. Yosemite Community College District 116 Cal.App.4th 629 (5th Dist. 2004).
April 2004: California Supreme Court Decertifies Friends of the Kangaroo Rat v. Department of Corrections Friends of the Kangaroo Rat v. Department of Corrections ___Cal.4th___, 4 Cal.Rptr.3d 558 (Cal. 2004).
April 2004: A Case Study in Approving a General Plan by Initiative: A Closer Look at El Dorado County’s 2004 Ballot Measure G
March 2004: California Regional Water Quality Control Boards Adopt New Waivers for Nonpoint Source Discharges
March 2004: Freeport Regional Water Project Dispute Resolved State Water Contractors, et al. v. East Bay Muni. Water Dist.; Kern County Water Agency et al., v. U.S. Dept. of Interior, et al., Case No. CO42652 (Cal. App. 3rd Dist.); and Case No. CIV-F-03-5175 REC SMS (E.D. Cal.)
March 2004: San Luis Obispo County Approves Environmental Impact Report for Nacimiento Water Project
March 2004: Newhall County Water District Rejects Water Availability Estimates for Santa Clarita Valley.
February 2004: Expansion of Water Recycling Program Did Not Require a Supplemental EIR under CEQA Santa Teresa Citizen Action Group v. City of San Jose ___Cal.App.4th___, Case No. H024841 (6th Dist. Dec. 18, 2003).
February 2004: SB 619: Killing Smart Growth To Meet Low and Moderate Income Housing Needs
January 2004: Fourth District Court of Appeal’s Ruling Clarifies Scope of Administrative Record in Lawsuits Filed under the California Environmental Quality Act County of Orange v. Superior Court of Orange County 113 Cal.App.4th 1, (4th Dist. published Nov. 6, 2003).
January 2004: New Adventures in Project Cumulative Impact Assessments
December 2003: State Senate Committee Concludes that Water Supply Planning Laws Need Improvement
December 2003: Superior Court Rules that City of Stockton’s Privatization of Municipal Water and Wastewater Operations Is Not Exempt from California Environmental Quality Act Concerned Citizens Coalition of Stockton, et al., v. City of Stockton, et al. Case No. CV 020397 (Super. Ct. San Joaquin Co. Oct. 17, 2003).
December 2003: State Water Resources Control Board Issues Draft Water Quality Order on Statewide General Waste Discharge Requirements for Dredged or Fill Discharges
December 2003: Newhall Ranch: A Study in Patience and Compromise in an Open and Exhaustive Planning and Environmental Review Process
November 2003: Ninth Circuit Concludes that CalFed’s Programmatic Environmental Analysis Is Ripe for Review Laub v. U.S. Dept of the Interior ___F.3d___, Case No. 02-15104 (9th Cir. Sept. 8, 2003).
November 2003: Sacramento County, Aerojet-General Corporation and the Boeing Company Execute Agreement to Address Water Supply Challenges Resulting from Groundwater Contamination
November 2003: Second District Court finds Actual Construction of Units within Coastal Zone Is Necessary to Trigger Mello Act’s Affordable Housing Requirement Coalition of Concerned Communities v. City of Los Angeles (Catellus Residential Group) ___Cal.App.4th___, Case No. B149092 (2nd Dist. Sept. 8, 2003).
October 2003: No Good Deed Goes Unpunished—Questioning the Constitutionality of Sacred Site Preservation Laws
October 2003: Court of Appeal Upholds Decision Excluding Evidence of Economic Harm as Irrelevant to Plaintiff’s Facial Takings Challenge of a City Regulation Limiting Development NJD, Ltd. v. City of San Dimas 110 Cal.App.4th 1428, (2nd Dist. 2003).
October 2003: California Energy Commission’s Decision to Approve a Power Plant Did Not Become Ripe for Judicial Challenge Until 30 Days after the Decision Was Filed with Its Docket Unit Figueroa v. California Energy Com 110 Cal.App.4th 1115 (4th Dist. 2003.)
October 2003: Court of Appeal Upholds Los Angeles Unified School District’s Adoption of Level Two School Impact Fees Coalition for Affordable Housing v. City of Los Angeles Board of Education Case No. B 159777, unpublished opinion (2nd Dist. July 1, 2003).
August/September 2003: Sixth District Finds California State University Not Required to Mitigate Offsite Impacts under the California Environmental Quality Act City of Marina v. Board of Trustees of the California State University ___Cal.App.4th___, Case No. H023158 ( 6th Dist. June 17, 2003)
August/September 2003: Fifth District Sets Aside EIR Because of County’s Failure to Include Sufficient Findings to Support Certification in Administrative Record Protect Our Water v. County of Merced, unpublished opinion Case No. F041200 (5th Dist. July 9, 2003).
July 2003: Superior Court: Court Issues Final Ruling for All Residual Contested Matters Pending in CALFED Coordinated Proceedings Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings Case No. JC04152 (Superior Court, County of Sacramento May 5, 2003).
July 2003: Court Approves Settlement in Litigation over Monterey Amendments Planning and Conservation League v. Department of Water Resources 83 Cal. App. 4th 892 (2000).
July 2003: Court of Appeal: Court of Appeal Finds Sonoma County Water Agency's EIR Deficient in Relation to the Eel River Friends of the Eel River v. Sonoma County Water Agency ___Cal.App.4th___, Case No. AO98118 (appeal filed Sept. 17, 2002 1st Dist.).
June 2003: Abuse of Discretion Standard Upheld as Appropriate for EIR Review under CEQA Association of Irritated Residents, et al. v. County of Madera, et al. 107 Cal.App.4th 1383 (5th Cir. 2003).
June 2003: California Coastal Commission Does Not Have Jurisdiction to Consider Impacts Outside the Coastal Zone Sierra Club v. California Coastal Commission, 107 Cal.App.4th 1030 (1st Dist. 2003).
June 2003: Planning and Litigation in Glendale: The Story and the Morals of Gregg v. City of Glendale
June 2003: Central Valley Regional Water Quality Control Board Reconsiders Waiver of Waste Discharge Requirements for Irrigated Lands
May 2003: Court Finds CalFed Programmatic Environmental Impact Report and Record of Decision Are Adequate for CEQA Purposes Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings Case No. JC 4152 (Superior Court, County of Sacramento March 28, 2003).
April 2003: Environmental Group Challenges Lake Elsinore Comprehensive Water Management Settlement Agreement Water Not Promises v. City of Lake Elsinore, RIV Case No. 389013 (filed Feb. 14, 2003, Riverside County Superior Court)
March 2003: Regulatory Agency's Determination that Project Is Exempt from CEQA Need Only Be Supported by Substantial Evidence and Includes Implied Finding of No Significant Adverse Impact Magan v. County of Kings, ___Cal.App.4th___ Case No. F039802 (5th Dist. Dec. 12, 2002).
March 2003: Ahmanson Ranch Litigation Enters Next Phase
February 2003: Oral Argument on California Environmental Quality Act Challenge to CalFed EIR Concludes Sacramento Superior Court Consolidated Case No. 4152
January 2003: Coastal City Properly Relied on Emergency Exemption to CEQA in the Construction of a Seawall CalBeach Advocates v. City of Solana Beach ___Cal.App.4th___, Case No. D038885 (4th Dist. Oct. 9, 2002).
January 2003: CEQA Requires Additional Environmental Review Where a Project Is Not Contemplated at Time of Program EIR's Preparation Natural Resources Defense Council, Inc. v. City of Los Angeles 103 Cal.App.4th 268 (2nd Dist. Oct. 30, 2002).
January 2003: Court of Appeal Rejects Award of Attorney Fees to CEQA Plaintiff When Underlying Cause of Action Did Not Result in Enforcement of an Important Public Right Vedanta Society of Southern California v. California Quartet, Inc. ___Cal.App.4th___, Case Nos. G027714, G027834 (4th Dist. Nov. 26, 2002)
December 2002: First District Reaffirms Deferential Standard of Review for General Plan Consistency, CEQA Compliance and Blight Determinations San Franciscans Upholding the Downtown Plan et al. v. City and County of San Francisco 102 Cal.App.4th 656 (1st Dist. Sept. 30, 2002).
December 2002: Court Rules Castaic Lake Water Agency Can Continue Purchasing Kern County Water Friends of the Santa Clara River v. Castaic Lake Water Agency Case No. BS 056954 (Los Angeles Superior Court Sept. 24, 2002).
November 2002: Court of Appeal: Court of Appeal Finds Planning Commission Justified in Requiring Environmental Impact Report for 21-Unit Segmented Residential Project 41 Arviv Enterprises, Inc. v. South Valley Planning Commission 101 Cal.App.4th 1333 (2nd Dist. Sept. 11, 2002).
November 2002: In Eminent Domain Action, First District Court of Appeal Finds Evidence of Comparable Sales to Redevelopment Agency Not Admissible to Determine Valuation Emeryville Redevelopment v. Harcros Pigments, Inc. 101 Cal.App.4th 1083 (1st Dist. Aug. 9, 2002).
November 2002: Court of Appeal Finds Offsite View Corridor Mitigation Is Consistent with Requirements of the California Coastal Act La Costa Beach Homeowners Association v. California Coastal Commission 101 Cal.App.4th 804 (2nd Dist. Aug. 29, 2002).
November 2002: Court of Appeal Upholds Santa Monica's Adoption of Preferential Parking Zone for Residents under Categorical Exemption to CEQA Santa Monica Chamber of Commerce v. City of Santa Monica 101 Cal.App.4th 786 (2nd Dist. Aug. 29, 2002)
November 2002: Agency Decision Not to Conduct Further Environmental Review of Redevelopment Plan Component Does Not Require Public Notice under CEQA Cumming v. City of San Bernardino Redevelopment Agency ___Cal.App.4th____ Case No. EO30566 (4th Dist. Aug. 9, 2002).
October 2002: A River Tale - The Cornfield to Taylor Yard: From Industrial Development Plans to State Parks’ Acquisition
October 2002: Court of Appeal: Open Space District which Made a Conveyance of Open Space Lands under the Spectre of Eminent Domain Does Not Require Voter or Legislative Approval Johnston v. Sonoma County Agricultural Preservation and Open Space District __Cal.App.4th___,Case No.A097121 (1st Dist.July 31,2002).
October 2002: Placing of Land in Trust Does Not Automatically Void Williamson Act Contract Sherwood Valley Rancheria v. Friends of East Willits Valley ___Cal.App.4th___,Case No.AO94872 (1st Dist.Aug.14,2002).
October 2002: Sacramento Superior Court Affirms CEQA Review for East Bay Municipal Utility District’s Amendatory CVP Contract State Water Contractors, et al. v. East Bay Municipal Utility District, Sacramento Superior Court Case No.01CS01076 [Consolidated with Case No.01CS01077] final order pending, (Sacramento Super.Ct. Aug. 15, 2002).
August 2002: Developers to the Rescue: Indemnifying Public Entities for Litigation Arising Out of the Decision to Issue Development Permits
July 2002: The Challenge of Corporate Standing under the California Environmental Quality Act
July 2002: Delta Wetlands Project Prevails in Water Rights Litigation Central Delta Water Agency, et al. v. State Water Resources Control Board, et al. Case No. 01CS00345 (Sacramento County Superior Court April 25, 2002)
July 2002: Third District Finds CEQA Baseline Is Normally the Existing Environment when Environmental Review Begins Kenneth F. Fat et al., v. County of Sacramento; Sunset Skyranch Pilots Association et al. 97 Cal.App.4th 1270 (3rd Dist. 2002)
June 2002: California Supreme Court Declines to Visit Castaic Lake Decision which Struck Down EIR for Water Transfer Friends fo the Santa Clara River v. Castaic Lake Water
May 2002: California Department of Fish and Game Reviews Comments on Proposed Amendments to Incidental Take Regulations
May 2002: Clean Water Act Enforcement Complaints Filed: City of Los Angeles Challenges "Trash Total Maximum Daily Loads"; Environmental Groups Seek Compliance with NPDES Permits at Camp Pendleton
March 2002: San Diego Stormwater Permit Challenged in Superior Court. Building Industry Association of San Diego et al. v. State Water Resources Control Board, et al. Case No. 780263 (San Diego Superior Court)
March 2002: Final Record of Decision and Withdrawal of Citizen's Suit Marks Resolution of a 15-Year Flood Control Dispute in San Jose.
March 2002: In Examining CEQA Challenge, Not All Parties to Water Transfer Agreement Are Indispensable under Joinder Statute Deltakeeper et al. v. Oakdale Irrigation District, et al 94 Cal.App.4th 1092 (3rd Dist. 2001)
March 2002: In Examining CEQA Challenge, Not All Parties to Water Transfer Agreement Are Indispensable under Joinder Statute Deltakeeper et al. v. Oakdale Irrigation District, et al 94 Cal.App.4th 1092 (3rd Dist. 2001)
November 2001: Court of Appeal Finds Placer County's Decision to Prohibit Residential Development within One Mile of County Landfill Was Supported by Substantial Evidence. Placer Ranch Partners v. County of Placer 91 Cal.App.4th 1336 (3rd Dist. 2001).
November 2001: Court of Appeal Rules Oakland Airport's EIR Inadequate for Noise Impacts, Emissions, Health Risks and Endangered Species Berkeley Keep Jets over the Bay Comm. v. Board of Port Commissioners 91 Cal.App.4th 1344 (1st Dist. 2001)
October 2001: CEQA Petitioner with Notice that a Change of Venue Is Complete Is Not Excused from Requesting a Hearing Within the Mandatory 90-day Period Guardians of Elk Creek Old Growth v. Dept. of Forestry and Fire Protection 89 Cal.App.4th 1431 (1st Dist. June 21, 2001).
October 2001: Napa County's Airport Industrial Area Specific Plan Is Inconsistent with the County's General Plan - Court Strikes Related EIR Napa Citizens for Honest Government v. Napa County Board of Supervisors, 91 Cal.App.4th 342 (1st Dist.
October 2001: Does California's Energy Crisis Create Additional Burdens For Developers and Public Agencies under the California Environmental Quality Act?
July 2001: Organizations Appeal San Diego Regional Water Quality Control Board's Adoption of Waste Discharge Requirements for Discharges of Urban Runoff
July 2001: Prevailing Non-Profit Real Party in Interest in CEQA Case Has Too Great a Personal Stake in Litigation Outcome to Qualify for CCP § 1021.5 Attorneys' Fee Award Jobe v. City of Orange, 88 Cal.App.4th 412 (4th Dist. 2001)
July 2001: Court of Appeal Upholds Public Utility Commission's Ruling that an EIR Was Not Required for a Railway Expansion City of Vernon v. the Public Utilites Commission, 88 Cal.App.4th 672 - 2nd Dist. 2001
July 2001: Airport Land... Kaczorowski v. Board of Supervisors for the County of Mendocino, et al., 88 Cal.App.4th 564 (1st Dist. 2001).
June 2001: Two Bills Put Water Agencies at the Center of Planning Decisions and Challenges to Development
June 2001: Two Bills Put Water Agencies at the Center of Planning Decisions and Challenges to Development, Centering upon Whether there Are Adequate Water Supplies for Proposed Projects
June 2001: Living with the Cost of Development: A Roadmap to Development Fees and Alternatives
May 2001: Court of Appeal Holds Project EIR Inadequate for Failure to Adequately Analyze Property's Historic Water Use "Baseline" as of Date Environmental Review Commenced Save Our Peninsula Committee, Et Al. V. Monterey County Board Of Supervisors ___Cal.App.4th ___,104 Cal.Rptr.2d 326 (6th Dist. Feb. 15, 2001)
May 2001: Billboard Advertiser Cannot State a Cause of Action under the Permit Streamlining Act until the Lead Agency Has Taken Specific Action under CEQA Eller Media Company v. City of Los Angeles, ___ Cal.App.4th ___, Case No. B142004 (2nd Dist. Mar. 21, 2001).
May 2001: California Supreme Court Holds that a Public Agency Generated Initiative is Not Exempt from the Requirements of CEQA Friends of Sierra Madre v. City of Sierra Madre, ___Cal.4th___, Case No. S085088 (March 29, 2001).
May 2001: Birdwatcher Group has Standing to Challenge the Adequacy of the Navys Environmental Impact Statement Under NEPA, but not Standing to Bring State Law Claims in Federal Court Cantrell et.al. v. City of Long Beach and California State Lands Commission, ___F.3d___, Case No. 98-56940; CV-98-04835 (9th Cir. Feb. 5, 2001).
May 2001: Local Agency Need Not Find Street is No Longer Necessary for Vehicle Traffic when Closing or Modifying a Street Entirely within Its Jurisdiction Save The Sunset Strip v. City of West Hollywood, ___Cal.App.4th___, (2nd Dist. March 20, 2001).
April 2001: Court of Appeal Holds Project EIR Inadequate for Failure to Adequately Analyze Property's Historic Water Use "Baseline" as of Date Environmental Review Commenced Save Our Peninsula Committee, Et Al. V. Monterey County Board Of Supervisors ___ Cal.App.4th ___, 104 Cal.Rptr.2d 326 (6th Dist. Feb. 15, 2001).
April 2001: California: Cities Sue Los Angeles Regional Water Quality Control Board Over Trash Total Maximum Daily Loads for Los Angeles River Watershed Cities of Arcadia,Artesia,et al.v.California Regional Water Quality Control Board,Los Angeles Region Case Nos.A-1280,A-1280(a),and A-280(b) (Los Angeles County Superior Court).
April 2001: Interpreting Water Code § 1126 for the First Time, Superior Court Denied Motions to Dismiss D-1641 Cases for Failure to Name the U.S. Bureau of Reclamation as a Defendant Regents of the University of California v. State Water Resources Control Board, Case No.CV98-1540 (Yolo County Superior Court Feb. 8, 2001).
April 2001: Cities Sue Los Angeles Regional Water Quality Control Board over Trash Total Maximum Daily Loads for Los Angeles River Watershed Cities of Arcadia,Artesia,et al.v.California Regional Water Quality Control Board,Los Angeles Region Case Nos.A-1280,A-1280(a),and A-280(b)(Los Angeles County Superior Court).
April 2001: Endangered Species
February 2001: California: New Lawsuit in State Court Filed against Cal-Fed
California Fair Employment and Housing Act
June 2010: Second District Finds Landlord’s Refusal to Accept ‘Section 8’ Housing Assistance Is Not Discrimination under the State Fair Employment and Housing Act Sabi v. Sterling, ___Cal.App.4th___ B205279 (2nd Cir. April 8, 2010)
California Forest Practice Act
October 2009: Environmental Groups File Suits to Attack Timber Harvesting as a Source of Greenhouse Gas Emissions
July 2005: Attorney General Opines that No Conflict of Interest Exists in Department of Forestry and Fire Protection’s Financial Grant to State Employee Ops.Cal.Atty.Gen. 04-701 (May 10, 2004)
August 2004: California Supreme Court Grants Review of Case Upholding Water Board Authority to Regulate Effects of Timber Harvesting Pacific Lumber Co. v. California State Water Resources Control Board, 116 Cal.App.4th 1232 (2004),Rev. Granted, Cal Supreme Ct. S124464 (June 16, 2004)
April 2004: County Ordinances Affecting Timber Harvesting Preempted by the Timberland Productivity Act and the Forest Practice Act Big Creek Lumber Company v. County of Santa Cruz 115 Cal.App.4th 952 (6th Dist. 2004).
California Global Warming Solutions Act of 2006
August 2010: Vermont Enacts Renewable Energy Law
July 2010: The San Francisco Bay Area Air Quality Management District Adopts Stringent CEQA Thresholds of Significance for Greenhouse Gas Emissions
April 2010: Greenhouse Gas Policy at the Crossroads in California—As Details of AB 32 Implementation Emerge, So Do Second Thoughts
January 2010: The California Air Resources Board Releases Its First Annual GHG Reporting Data and Preliminary Draft Regulation for State Level Cap and Trade Program
January 2010: 2009 Year-End Review of Select Land Use Legislation
January 2010: California Releases Preliminary Draft Regulation for Cap and Trade Program
November 2009: Land Use Legislation
October 2009: Land use legislation
August 2009: Legislative update
July 2009: Legislative update
June 2009: Land use legislation
May 2009: Land use legislation
April 2009: Climate Change and Water in California
April 2009: Legislative update
March 2009: Land use legislation
March 2009: California Continues Efforts to Integrate Greenhouse Gas/Climate Change Analysis into the State’s Mini-NEPA
February 2009: California Air Resources Board Adopts Bus and Truck Rule and Heavy Duty Vehicle Greenhouse Gas Emission Measure to Reduce Environmental Impacts of Diesel Fueled Vehicles
November 2008: Examining SB 375’s Landmark Regional Land Use Planning Scheme: Is the Sacred Cow of Local Land Use Control Now Roadkill?
August 2008: California Air Resources Board Issues Draft Scoping Plan to Implement State’s Global Warming Solutions Act
August 2008: Land use legislation
August 2008: Senate Bill Shoots for AB 32’s Targets with Transportation and Land Use Planning
June 2008: Land Use Subgroup of California Climate Action Team Issues Draft Submission to the California Air Resources Board
June 2008: Climate Change and Water in the Western States: Where Water Meets Air
June 2008: Land use legislation
May 2008: Climate Change: A New Practice Area for Law Firms?
February 2008: California Sues EPA for Permission to Regulate Greenhouse Gas Emissions from Motor Vehicles California v. U.S. EPA, filed Jan. 2, 2008, (9th Cir.)
December 2007: Climate Change and Water in California
November 2007: Global Warming and California Water: As the State Develops Its Response, the Water Industry Anticipates Impacts and Solutions
November 2007: California Attorney General Jerry Brown’s Crusade against Global Climate Change
October 2007: Combating Global Warming through the California Environmental Quality Act
August 2007: CEQA Challenge to Development Based on Climate Change Rejected by Napa County Superior Court American Canyon Community United for Responsible Growth v. City of American Canyon 26-27462, May 22, 2007 (Napa County Superior Court)
February 2007: Global Warming Reaches California Regulatory Agencies and Courts—and You
February 2007: Governor Schwarzenegger’s Budget Includes Proposals for Land Use Related Spending
November 2006: The California Global Warming Solutions Act of 2006—Taking on Global Warming by Legislating Reductions in Greenhouse Emissions
October 2006: California Adopts Legislation Creating First-in-Nation State Regulatory Program For Greenhouse Gas Emissions Reductions
California Green Building Standards Code of 2010
March 2010: California Adopts Nation’s First Mandatory Green Building Code
California Green Collar Jobs Act of 2008
July 2008: California’s ‘Green Collar’ Workforce—AB 3018 Passes Assembly
California Hazardous Substances Act
August 2010: District Court Dismisses CERCLA and Common Law Claims against Dry Cleaning Equipment Manufacturer Due to Manufacturer’s Lack of Control over Discharge Team Enterprises, LLC v. W. Investment Real Estate Trust, ___F.Supp.2d___ CV F 08-0872 (E.D. Cal. June 11, 2010)
July 2010: Emphasizing Dry Cleaning Manufacturer’s Lack of Affirmative Conduct, District Court Dismisses Claims under CERCLA, RCRA, HSAA, and Common Law Hinds Investments, L.P. v. Team Enterprises, Inc., ___F.Supp.2d___ CV F 07-0703 (E.D. Cal. April 22, 2010)
January 2010: Following Jury Verdict on Common Law Counts, District Court Determines the Source of PCE Release and Response Costs under CERCLA Walnut Creek Manor v. Mayhew Center, LLC, ___F. Supp.2d___ 07-05664 CW (N.D. Cal. 2009)
August 2008: District Court Grants Summary Judgment for Insurance Company Holding No Duty to Indemnify for Voluntary Cleanup Costs Aggio v. Estate of Aggio, ___F.Supp.2d___ 04-4357 (N.D. Cal. June 19, 2008)
California Integrated Waste Management Act
October 2007: District Court Rules that Complete Ban on Land Application of Biosolids Is Preemped by California Integrated Waste Management Act and Violates Dormant Commerce Clause City of Los Angeles et al. v. Kern County et al., ___F.Supp.2d___ CV 06-5094 (C.D. Cal. Aug. 10, 2007)
January 2007: District Court Rules that Complete Ban on Land Application of Biosolids Likely Is Preempted by State Law, Violates Dormant Commerce Clause, and Exceeds County’s Police Powers City of Los Angeles et al. v. Kern County et al., ___F.Supp.2d___ CV-06-5094 (C.D. Cal., Oct. 24, 2006) and (C.D. Cal. Nov. 20, 2006)
California Land Conservation Act of 1965
June 2010: Solar Power and the Williamson Act: Guidance from the California Department of Conservation on Siting Solar Farms on Land under Williamson Act Contract
California Land Reuse and Revitalization Act of 2004
December 2004: California’s New Land Reuse and Revitalization Act May Assist Brownfields Development
California Mercury Reduction Act of 2001
November 2001: CALIFORNIA: Governor Davis Signs SB 633 in an Effort of Limit Mercury Contamination of California's Waters
California Mobile Parks Act
December 2004: Attorney General Opines: Local Government May Adopt a Zoning Ordinance or Issue a Conditional Use Permit Limiting Use of a Parcel to a Senior Mobilehome Park Ops.Cal.Atty.Gen 07-704 (Oct. 20, 2004)
California Mobilehome Residency Law
November 2009: Land Use Legislation
October 2009: Land use legislation
February 2007: California Supreme Court Finds City Mobile Home Rent Control Ordinance Not Preempted by State Mobilehome Residency Law Cacho v.. Boudreau, ___Cal.4th___ S133378 (Cal. Jan 11, 2007)
March 2005: City Entitled to Retroactively Cure Mistake in Adoption of Mobilehome Rent-Control Ordinance Proposed by Initiative Petitions MHC Financing Limited Partnership Two v. City of Santee, ___Cal.App.4th ___ D042631, D043129 (4th Dist. Jan. 25, 2005)
California Mobilehomes Parks Act
June 2005: Sixth District Court Holds State Law Preempts County Ordinance Requiring Local Approval for Installation of Multi-Story Mobilehomes County of Santa Cruz v. Waterhouse 127 Cal.App.4th 1483 (6th Dist. 2005)
California Natural Community Conservation Planning Act
July 2010: Legislative update
March 2003: Revising the Natural Community Conservation Planning Act: Is it Enough to Resolve the Conflict Between Species Conservation and Compatible Land Use?
California Outdoor Advertising Act
March 2009: Fourth District Finds Expedited First Amendment- Related Permit Statute, and Its 21-Day Statute of Limitations Does Not Bar Third Party Litigants Stearn v. County of San Bernardino, et al., ___Cal.App.4th___ E044388 (2nd Dist. Jan. 22, 2009)
California Park and Recreational Facilities Act
January 2004: California Department of Transportation’s Transfer of Land, which Only Partially Lies within the Coastal Zone, to the Department of Parks and Recreation Does Not Offend the California Constitution Citizens For Hatton Canyon v. California Dept. of Transportation 112 Cal.App.4th 838 (6th Dist. 2003).
California Planning and Zoning Law
October 2009: Land use legislation
June 2009: Land use legislation
May 2009: Land use legislation
June 2008: Land use legislation
August 2007: Land use legislation
July 2007: Land use legislation
June 2007: Land use legislation
November 2006: Legislative update
July 2005: Attorney General Opines that Cities May Decrease the Number of Future Low Income Housing Units if Funds Are Insufficient Ops.Cal.Atty. Gen. 03-104 (May 18, 2005)
February 2004: SB 619: Killing Smart Growth To Meet Low and Moderate Income Housing Needs
California Prevailing Wage Law
March 2006: Redevelopment Agency Real Property Transfers at Fair Reuse Value: Santa Ana Transit Village and the Requirement for the Payment of Prevailing Wages
January 2006: First District Revisits Prevailing Wage Law in Connection with Redevelopment Agency’s Reimbursement of Land Acquisition Costs to Developer Greystone Homes, Inc. v. Chuck Cake, Unpub. Op. A107763 and A107769 (1st Dist. Nov. 22, 2005)
California Public Streets Highways and Service Easements Vacation Law
July 2010: Fourth District Rejects ‘Public Streets, Highways, and Service Easements Vacation Law’ as Exclusive Method to Vacate Public Rights-Of-Way and Easements for Redevelopment Projects Citizens for Responsible Equitable Environmental Development v. City of San Diego, ___Cal.App.4th___ 37-2008-00090571-CU-MC-CTL (4th Dist. 2010)
California Redevelopment Law
December 2008: First District Court Affirms Invalidity of Bayview Hunters Point Redevelopment Plan Referendum Defend Bayview Hunters Point Comm. v. City and County of San Francisco, ___Cal.App.4th___ A119061 (1st Dist. Oct. 21, 2008)
California Right to Vote on Taxes Act
April 2004: California Supreme Court Clarifies the Meaning of “Assessment” under the Right to Vote on Taxes Act in Connection with Municipal Water Connection Fee Richmond v. Shasta Community Services District 32 Cal.4th 409 (Cal. 2004).
California Safe Drinking Water Act of 2007
December 2007: Sixth District Court Holds California Safe Drinking Water Act Imposes Mandatory Duties on Health Of- ficials to Review and Respond to Water Quality Monitoring Reports Guzman v. County of Monterey 155 Cal.App.4th 645 (6th Dist. 2007)
California Safe Harbor Agreement Program Act
December 2009: Governor Schwarzenegger Signs Safe Harbor Law Providing Landowners with Species ‘Incidental Take’ Coverage
November 2009: Land Use Legislation
California State Aeronautics Act
May 2010: First District Upholds Trial Court Ruling that City’s Approval of General Plan Update Violated State Aeronautics Act and CEQA Watsonville Pilots Assn. v. City of Watsonville, ___Cal. App.4th___ A122205 (1st Dist. April 12, 2010)
October 2009: Second District Reaffirms Voter Adoption of Initiative Amending County’s General Plan to Permit Mixed Use Development Near an Airport Citizens for Planning Responsibly v. County of San Luis Obispo, ___Cal.App.4th___ B206957 (2nd Dist. Aug. 4, 2009)
California State Safe Harbor Agreement Program Act
June 2009: Land use legislation
California Streets and Highways Code
July 2010: Fourth District Rejects ‘Public Streets, Highways, and Service Easements Vacation Law’ as Exclusive Method to Vacate Public Rights-Of-Way and Easements for Redevelopment Projects Citizens for Responsible Equitable Environmental Development v. City of San Diego, ___Cal.App.4th___ 37-2008-00090571-CU-MC-CTL (4th Dist. 2010)
California Timberland Productivity Act of 1982
April 2004: County Ordinances Affecting Timber Harvesting Preempted by the Timberland Productivity Act and the Forest Practice Act Big Creek Lumber Company v. County of Santa Cruz 115 Cal.App.4th 952 (6th Dist. 2004).
California Tort Claims Act
December 2008: District Court Allows Sewer Contamination Nuisance Action against City to Proceed, Rejecting Immunity Claims Adobe Lumber, Inc. v. Hellman, ___F.Supp.2d___ 05-1510 WBS PAN (E.D. Cal. Oct. 2, 2008)
California Toxics Rule
January 2003: State Decisions: California Court of Appeal Precludes Use of "Minimum Level" Standards Application to NPDES Permit Compliance under the Clean Water Act WaterKeepers Northern California, et al. v. California State Water Resources Contro Board ___Cal.App.4th___, Case No. AO94917 (1st Dist. Oct. 24, 2002).
California Water District Law
December 2005: California Attorney General Opines that Water Code Allows Agreements For Construction of Oversized Water Facilities 5 Ops.Cal.Atty.Gen 307 (Oct. 12, 2005)
California Wild and Scenic Rivers Act
July 2005: AB 1328 Proposes to Add 31 Miles of Cache Creek in Yolo and Lake Counties to the California Wild and Scenic Rivers System
Cameron-Unruh Beach, Park, Recreational and Historical Facilities Bond Act of 1964
February 2003: Fourth District Finds the California Department of Transportation's Acquisition of Park Property Did Not Require Legislative Approval Rolfe v. California Department of Transportation ___Cal.App.4th___, Case No. D038865 (4th Dist. Dec. 11, 2002).
Castaic Lake Water Agency Enabling Act
October 2004: Second District Permits Castaic Lake Water Agency to Enter the Retail Water Market in the Santa Clarita Valley Klajic v. Castaic Lake Water Agency 121 Cal.App.4th 5 (2nd Dist. 2004)
CEQA Guidelines
March 2005: First District Court Overturns County Project Approval Based on Improper Reliance on Mitigation Measures to Grant a Categorical Exemption under CEQA Salmon Protection and Watershed Network v. County of Marin, ___Cal.App.4th___ A105592 (1st Dist. Dec. 16, 2004; pub. ordered Jan. 18, 2005)
Civil Code Section 1021.5
August 2005: Fifth District Court Orders Merced County to Pay Petitioner’s Attorney’s Fees in CEQA Case Protect Our Water et al. v. County of Merced, ___Cal. App.4th___ F044896, unpub. opinion (5th Dist. May 25, 2005)
Civil Code Section 1366
April 2005: Second District Court Finds Homeowners Association Must Impose Special Emergency Assessment to Pay Civil Judgment James F. O’Toole Company, Inc. v. Los Angeles Kingsbury Court Owners Ass’n. 126 Cal.App.4th 542, (2nd Dist. 2005)
Civil Code Section 1954.535
August 2005: California Supreme Court Upholds Obligation of Landlords to Provide 90-Days Notice for Section 8 Tenancy Terminations Wasatch Property Management v. Degrate 35 Cal.4th 1111 (Cal. 2005)
Civil Code Section 3482.5
October 2002: Agriculture Activity Protection Statute Bars Suit Against Farmer who Engages in Activities Constituting a Nuisance — Even if the Suit is Pleaded in Trespass Rancho Viejo, LLC v. Tres Amigos Viejos, LLC 100 Cal.App.4th 550 (4th Dist.July 25,2002).
Civil Code Section 798
May 2005: Fourth District Court Finds Local Ordinance Permitting Pass-Through Property Tax Charges to Residents Preempted by State Law Cacho v. Boudreau, ___Cal.App.4th___ D043396 (4th Dist. March 17, 2005)
March 2005: City Entitled to Retroactively Cure Mistake in Adoption of Mobilehome Rent-Control Ordinance Proposed by Initiative Petitions MHC Financing Limited Partnership Two v. City of Santee, ___Cal.App.4th ___ D042631, D043129 (4th Dist. Jan. 25, 2005)
Clean Water
June 2001: Metropolitan Water District Provides $45 Million in Proposition 13 Funds for Conjunctive Use Water Storage Projects in Southern California
Clean Water and Coastal Protection Bond Act of 2002
March 2003: Coalition Formed to Promote Water Storage in California
Clean Water, Clean Air, Safe Neighborhood, Parks and Coastal Protection Act of 2002
January 2005: California Department of Water Resources Offers Nearly $4.6 million in Proposition 40 Grant Money for Urban Stream Restoration Grants
March 2002: State Bond Measure Totaling $ 2.6 Billion to Appear on March Ballot
Climate Change and Water Resource Protection Act
August 2007: Climate Change Considerations for Water Planning: AB 224 and Other Legislative Proposals
Coastal Act
February 2010: Second District Upholds Coastal Commission’s Denial of a Coastal Development Permit as Inconsistent with City’s Local Coastal Plan Reddell v. California Coastal Commission, ___Cal.App.4th___ B206428 (2nd Dist. Dec. 1, 2009)
May 2009: Land use legislation
May 2009: Superior Court Finds City Abused Its Discretion in Denying a Mobilehome Park Conversion Application as Incomplete Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles BS 112956 (Los Angeles Cnty Super Ct 2009)
November 2008: Second District Court Upholds Ruling that the California Coastal Commission Substantially Complied with Hearing Notice Requirements North Pacifica LLC v. California Coastal Commission, ___Cal.App.4th___ B199446 (2nd Dist. Sept. 2008)
August 2008: Fourth of July Celebration Halted by California Coastal Commission’s Ceaseand- Desist Order—Superior Court and Court of Appeal Affirm the Order Gualala Festival Committee v. California Coastal Commission filed, June 11, 2008 (Mendocino County Superior Court)
July 2008: Sixth District Court Upholds $5.3 Million Mitigation Fee by California Coastal Commission as Condition of Coastal Development Permit Ocean Harbor House Homeowners Ass’n v. California Coastal Commission, ___Cal.App.4th ___ H031129 (6th Dist. May 23, 2008)
May 2008: News from the West
March 2008: Designating Land as “Environmentally Sensitive” under the Coastal Act After Security National Guaranty v. California Coastal Commission
July 2007: Second District Overturns Coastal Commission Denial of Permit for Gates and No Trespassing Signs on Malibu Property LT-WR, LLC v. California Coastal Commission, ___ Cal.App.4th___ B187666 (2nd Dist. May 25, 2007)
February 2003: Suspension of Oil Leases Off California's Coast Subject to Review under the State's Coastal Zone Management Act - United States Failed to Comply with the National Environmental Policy Act State of California v. Norton 311 F.3d 1162 (9th Cir. Dec. 2, 2002).
November 2002: Court of Appeal Finds Offsite View Corridor Mitigation Is Consistent with Requirements of the California Coastal Act La Costa Beach Homeowners Association v. California Coastal Commission 101 Cal.App.4th 804 (2nd Dist. Aug. 29, 2002).
June 2001: Sacramento Superior Court Finds the Actions of the California Coastal Commission Violates the Separation of Powers Doctrine of the State Constitution Marine Forests Society, et al. v. California Coastal Commission, et al. Case No. 00AS00567, Sacramento County Superior Court (April 24, 2001).
May 2001: Coastal Development Permit Appeals: Surprise, You’ve Got ESHA!
Coastal Zone Management Act
June 2010: First District Upholds Coastal Commission’s Order Prohibiting Discharge of Fireworks over Estuary without a Coastal Development Permit Gualala Festivals Committee v. California Coastal Commission, ___Cal.App.4th___ A125614 (1st Dist. 2010)
February 2004: State Water Resources Control Board Issues Proposed Policy for Implementation and Enforcement of Nonpoint Source Pollution Control Program
February 2003: Suspension of Oil Leases Off California's Coast Subject to Review under the State's Coastal Zone Management Act - United States Failed to Comply with the National Environmental Policy Act State of California v. Norton 311 F.3d 1162 (9th Cir. Dec. 2, 2002).
Code of Civil Procedure
December 2009: District Court Applies More Generous CERCLA Discovery Rule for Running of Statute of Limitations Period Whitlock v. Pepsi Americas, et al., ___F.Supp.2d___ C 08-02742 (N.D. Cal. Oct. 21, 2009)
August 2009: Superior Court Sets Aside Final EIR for Refinery Expansion Project as Inadequate as to Project Description and GHG Mitigation Measures Communities for a Better Environment v. City of Richmond N08-1429 (Contra Costa Super. Ct. June 4, 2009)
October 2008: Third District Court Dismisses Action Brought Pursuant to Public Records Act for Failure to Name an Indispensable Party Tracy Press, Inc., v. City of Tracy, ___Cal.App.4th___ C056812 (3rd Dist. July 16, 2008)
July 2008: Sacramento Superior Court Grants Peremptory Challenge Finding Parties Timely Filed Challenge under Code of Civil Procedure Section 170.6 Environmental Council of Sacramento v. Sacramento Local Agency Formation Commission 07CS01411 (Sacramento County Superior Ct. May 7, 2008)
May 2008: Superior Court Holds Real Party and Respondent Agency Limited to One Peremptory Disqualification between Them—Denies Motions to Consolidate Challenges to ‘Railyard’ Development Sacramento Citizens Concerned About the Railyards v. City of Sacramento 34-2008-00000504-CU-WM-GDS
May 2008: Third District Court Overturns Attorneys’ Fees Award against the California Coastal Commission Marine Forests Society v. California Coastal Commission 160 Cal.App.4th 867 (3rd Dist. Mar. 4, 2008)
July 2007: Fourth District Finds Venue Provision Challenging Acts of Public Officials Includes Suits Seeking to Vindicate Public Rights California State Parks Foundation et al., v. Superior Court of San Diego County; Foothill/Eastern Transportation Corridor Agency et al. 150 Cal.App.4th 826 (4th Dist. 2007)
Code of Civil Procedure § 338
October 2004: California Supreme Court Rules on Statutory Deadlines for Filing Actions Challenging Local Zoning and Planning Decisions Based on Preemption Travis v. County of Santa Cruz, ___Cal.4th___ S109597 (Cal. July 29, 2004)
Code of Civil Procedure § 473
December 2004: Code of Civil Procedure § 473(b) Fails to Relieve Water Agency’s Failure, Through Its Attorney’s “Inexcusable Neglect,” to Timely Request a CEQA Hearing Nacimiento Regional Water Management Advisory Committee v. Monterey County Water Resources Agency, ___Cal.App.4th___ A104687 (1st Dist. Sept. 29, 2004)
Code of Civil Procedure Section 1021.5
July 2005: Court of Appeal Confirms Attorneys Fee Award for Initiating Action that Lead to Positive Impact on Public Interest Protect Our Water v. County of Merced, ___Cal. App.4th___ F044896, unpub. op. (5th Dist. May 25, 2005)
Code of Civil Procedure Section 1263.510
November 2004: Second District Court Rejects Lessee’s Claim for Goodwill in University of California Condemnation Action Regents of the University of California v. Sheily, ___Cal.App.4th ___ B161797 (2nd Dist. Sep. 16, 2004)
Community Redevelopment Law
August 2010: Sixth District Reverses Validation Action Challenging Redevelopment Plan County of Los Angeles v. Glendora Redevelopment Project, et al., ___Cal.App.4th___ H032945 (6th Dist. June 15, 2010)
August 2007: First District Affirms Ruling that Citizen Group Missed CEQA’s Statute of Limitations to Challenge Approval of Redevelopment Project Citizens for a Megaplex-Free Alameda v. City of Alameda, et al. 149 Cal.App.4th 91 (1st Dist. 2007)
February 2007: Fifth Circuit Court Finds Community Redevelopment Law’s ‘Irregular Form and Shape’ Provision Applies to the Lot Itself and Not to Any Access Issues Neilson v. City of California City, ___Cal.App.4th___ F049143 (5th Dist. Jan 9, 2007)
October 2006: Legislative update
May 2006: Second District Court Upholds Amended Hollywood Redevelopment Plan—Substantial Evidence Supported the Finding of Blight Blue v. City of Los Angeles, ___Cal.App.4th___ B180319 (2nd Dist. March 1, 2006)
May 2005: Fourth District Court Determines New Blight Findings Warranted when City Substantially Changes Existing Redevelopment Plan Boelts v. City of Lake Forest 127 Cal.App.4th 116 (4th Dist. 2005)
August 2002: City of Upland's Transfer of Property Violated the Community Redevelopment Law Graber v. City of Upland, ___Cal.App.4th___, Case No. E029769 (4th Dist. June 18, 2002).
Compassionate Use Act of 1996
July 2010: District Court Finds the Americans with Disabilities Act Does Not Give Disabled Citizens the Right to Use Medical Marijuana James v. City of Costa Mesa, ___F.Supp.2d___ SACV 10-0402 AG (C.D. Cal. 2010)
July 2010: Orange County Superior Court Preliminarily Enjoins Medical Marijuana Dispensaries in the Cities of Lake Forest and Westminster City of Lake Forest v. Moen, et al 30-2009-00298887
April 2010: Legal Uncertainly: Local Regulation of Medical Marijuana Collectives
November 2009: Second District Affirms a City’s Authority to Enact a Moratorium on Medical Marijuana Dispensaries within City Limits City of Claremont v. Kruse, ___Cal.App.4th___ B210084 (2nd Dist. 2009)
Concord Mobilehone Park Rent Stabilization Ordinance
November 2001: Court of Appeal Allows Rent Increases after Finding No Substantial Evidence to Support Established Base Rents Concord Communities, L.P. v. City of Concord 91 Cal.App.4th 1407 (1st Dist. 2001).
Constitution - Article III Section 3
June 2001: Sacramento Superior Court Finds the Actions of the California Coastal Commission Violates the Separation of Powers Doctrine of the State Constitution Marine Forests Society, et al. v. California Coastal Commission, et al. Case No. 00AS00567, Sacramento County Superior Court (April 24, 2001).
Constitution - Article V Section 1
June 2001: Sacramento Superior Court Finds the Actions of the California Coastal Commission Violates the Separation of Powers Doctrine of the State Constitution Marine Forests Society, et al. v. California Coastal Commission, et al. Case No. 00AS00567, Sacramento County Superior Court (April 24, 2001).
Constitution - No Preference Clause
November 2001: Ninth Circuit Finds San Diego's Sale of Property, Containing a 43-foot High Cross, Did Not Violate the No Preference Clause of the California Constitution. Paulson v. City of San Diego, 262 F.3d 885 (9th Cir. 2001).
Corporations Code
August 2007: Fourth District Concludes National Church May Enforce Trust on Local Parish Property under California Case Law Episcopal Church Cases, ___Cal.App.4th___ G036096, G036408, G036868 (4th Dist. June 25, 2007)
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000
January 2010: 2009 Year-End Review of Select Land Use Legislation
October 2009: Land use legislation
July 2009: Second District Holds Repeal of Water Code Provisions for Consolidation Did Not Eliminate Mechanism for Consolidation under Cortese-Knox LAFCO Act San Bernardino Valley Water Conservation Dist. v. San Bernardino Local Agency Formation Commission 173 Cal.App.4th 190 (2nd Dist. 2009)
July 2009: Legislative update
June 2009: Land use legislation
May 2009: Land use legislation
April 2009: Legislative update
April 2008: aaa aaa aaa
March 2008: First District Court Holds Deficiencies in Process Do Not Require Invalidation of LAFCO Annexation Proceeding Citizens for Responsible Open Space v. San Mateo County LAFCO, ___Cal.App.4th___ CIV442954 (1st Dist. Jan. 31, 2008)
October 2007: Land use legislation
July 2007: Land use legislation
June 2007: Land use legislation
March 2006: ‘Principal County’ LAFCO Had Exclusive Jurisdiction to Establish Sphere of Influence for a Multi-County District within the Boundaries of the Local LAFCO’s County Placer County Local Agency Formation Commission v. Nevada County Local Agency Formation Commission 135 Cal.App.4th 793 (3rd Dist. 2006)
January 2005: LAFCO Recommends Dissolution of Newhall County Water District in Draft Municipal Service Review
June 2004: Legislative Update
Costa - Hawkins Act
October 2009: Second District Holds Los Angeles’ Inclusionary Housing Requirements Violate Costa-Hawkins Rental Housing Act Palmer/Sixth Street Properties, L.P. et al. v. City of Los Angeles 175 Cal.App.4th 1396 (2nd Dist. 2009)
July 2009: Second District Upholds Ordinance Imposing Rent Control on New Apartments—Finds Elements of Ellis Act Survive Passage of Costa Hawkins Rental Housing Act Apartment Association of Los Angeles County, Inc. v. City of Los Angeles 173 Cal.App.4th 13 (2nd Dist. 2009)
April 2003: Costa Hawkins Act Preempts Local Agency Regulation of the Amount of Rent Charged for Vacant Replacement Units Bullard v. San Francisco Rent Stabilization Bd. 106 Cal.App.4th 488 (1st Dist. 2003).
County of Origin Law
May 2001: State Water Resources Control Board Accepts Half of Westlands Water District's Request for San Joaquin River Water
County Water Authority Act
May 2007: California AG Opines that Rule against Incompatible Offices Does Not Prevent Member Agency General Managers/Department Heads from Serving on Board of Water Authority ___ Op. Cal. Att’y Gen. ___ 2007 Cal. AG LEXIS 5, at *1 (2007)
Davis - Stirling common Interest Development Act
May 2010: First District Upholds Grant of Injunctive Relief for Violation of Common Interest Development’s Height Restrictions Clear Lake Riviera Community Assn. v. Cramer, ___ Cal.App.4th___ A122205 (1st Dist. 2010)
August 2009: Second District Court Finds Non-Owner Residents within Planned Development Lacked Standing to Enforce Governing Documents Martin v. Bridgeport Community Association, ___Cal. App.4th___ B206686 (2nd Dist. 2009).
April 2005: Second District Court Finds Homeowners Association Must Impose Special Emergency Assessment to Pay Civil Judgment James F. O’Toole Company, Inc. v. Los Angeles Kingsbury Court Owners Ass’n. 126 Cal.App.4th 542, (2nd Dist. 2005)
August 2004: California Supreme Court to Review Two Decisions Regarding Inter-Agency Jurisdiction over Timber Harvesting Operations Big Creek Lumber v. County of Santa Cruz 115 Cal.App.4th 952 (6th Dist. 2004)
December 2001: Restrictions on Use of Open Areas Not Equivalent to Interest in Land Required for Davis-Stirling Act to Apply The Committee to Save the Beverly Highlands Homes Association et al. v. The Beverly Highlands Homes Association et al. ___Cal.App.4th___, (2nd Dist. Oct. 19, 2001).
Delta Protection Act
October 2008: California Attorney General Opines in Correspondence to Delta Vision Task Force on How to Reallocate California’s Water
August 2008: New Challenges to Development in the Delta: the Delta Protection Commission’s Decision on the Old Sugar Mill Project
March 2007: Delta Protection Commission Concludes Old Sugar Mill Project Is Inconsistent with the Delta Protection Act
January 2007: Appeals Filed with the Delta Protection Commission Challenging Yolo County’s Approval of the Old Sugar Mill Project
Disaster Preparedness and Flood Prevention Bond Act of 2006
March 2007: New Flood Management and Control Legislation Introduced
Elections Code
December 2008: Second District Finds City Attorney Has No Duty to Prepare Ballot Title or Summary where Proposed Initiative Measures Are Facially Unconstitutional Widders v. Furchtenicht, ___Cal.App.4th___ B196583 (2nd Dist. Oct. 20, 2008)
Elections Code Section 9214
October 2004: City’s Adoption of a Qualified Voter-Sponsored Initiative Found to Be a Ministerial Act Not Subject to CEQA Native American Sacred Site and Environmental Protection Association v. City of San Juan Capistrano 120 Cal.App.4th 961 (4th Dist. 2004)
Elections Code Section 9215
March 2005: City Entitled to Retroactively Cure Mistake in Adoption of Mobilehome Rent-Control Ordinance Proposed by Initiative Petitions MHC Financing Limited Partnership Two v. City of Santee, ___Cal.App.4th ___ D042631, D043129 (4th Dist. Jan. 25, 2005)
Ellis Act
July 2009: Second District Upholds Ordinance Imposing Rent Control on New Apartments—Finds Elements of Ellis Act Survive Passage of Costa Hawkins Rental Housing Act Apartment Association of Los Angeles County, Inc. v. City of Los Angeles 173 Cal.App.4th 13 (2nd Dist. 2009)
November 2007: First District Court Finds Gift of Property to Solano County Is Subject to Deed Restrictions County of Solano v. Handlery, ___Cal.App.4th___ A114120 (1st Dist. Sept. 21, 2007)
November 2007: Second District Court Finds Ellis Act Does Not Permit Developer to Evict Tenants without Complying with CEQA Mitigation Measures Lincoln Place Tenants Ass’n v. City of Los Angeles, ___Cal.App.4th ___ B193235 (2nd Dist Sept. 19, 2007)
May 2006: First District Finds San Francisco’s Relocation Assistance Landlord—Tenant Ordinance Does Not Violate the Ellis Act Pieri v. City and County of San Francisco 137 Cal. App.4th 886 (1st Dist. 2006)
May 2006: First District Court Finds San Francisco’s “Belief Requirement” in Its Municipal Eviction Ordinance Is Impliedly Preempted by the Ellis Act Johnson v. City and County of San Francisco, ___Cal. App.4th___ A111355 (1st Dist. Feb. 28, 2006)
May 2001: Retaliatory Eviction Cannot Be Asserted as an Affirmative Defense to Eviction Proceedings Brought Pursuant to the Ellis Act Drouet v. Superior Court, 86 Cal.App.4th 1237 (1st Dist. Feb. 7, 2001)
Employee Housing Act
November 2006: Legislative update
Enterprise Zone Act
November 2007: Legislative update
October 2007: Land use legislation
August 2007: Land use legislation
July 2007: Land use legislation
April 2007: Legislative update
Environmentally Sensitive Habitat Area
May 2001: Coastal Development Permit Appeals: Surprise, You’ve Got ESHA!
Evidence Code
May 2006: Absence of Evidence that Testing Procedure Was Generally Accepted Science Precludes Environmental Expert from Opining on Mycotoxins Geffcken v. D’Andrea, ___Cal.App.4th___ 1044044, 1046222 (Cal.App. Mar. 28, 2006)
November 2002: In Eminent Domain Action, First District Court of Appeal Finds Evidence of Comparable Sales to Redevelopment Agency Not Admissible to Determine Valuation Emeryville Redevelopment v. Harcros Pigments, Inc. 101 Cal.App.4th 1083 (1st Dist. Aug. 9, 2002).
Expediated Remedial Action Reform Act
January 2001: California Department of Toxic Substances Control Issues Draft Regulations for Covenants Restricting Uses of Contaminated Property
January 2001: California Department of Toxic Substances Control Issues Draft Regulations for Covenants Restricting Uses of Contaminated Property
Feigenbaum Act
November 2006: Third District Court Narrows the Ability of State Water Resources Control Board to Impose Term 91 El Dorado Irrigation District v. State Water Resources Control Board 142 Cal.App.4th 937 (3rd Dist. 2006)
Fish & Game Code
July 2010: California Farm Bureau Federation Sues DFG for Clarification of Fish and Game Code Section 1062
March 2010: California Senate Bill 481: A Safe Landing for Endangered Birds, but Not for Aircraft
June 2001: Endangered Species Marine Forests Society, et al. v. California Coastal Commission, et al. Case No. 00AS00567, Sacramento County Superior Court (April 24, 2001).
Fish and Game Code § 5937
October 2004: District Court Holds that Bureau Violated California Law by Failing to Maintain Historic Fish Populations in the San Joaquin River Natural Resources Defense Council v. Patterson, ___F.Supp.2d___ Civ. S-88-1658 LKK (E.D. Cal. Aug. 27, 2004)
Fish and Game Code Section 1602
March 2005: The New World of State and Local Wetlands Regulation
Fish and Game Code Section 1603
October 2002: Court of Appeal Finds That Fish and Game Code Section 1603 May Diversions Tied to Pre-1914 Appropriative Water Rights People v. Murrison ___Cal.App.4th___,(3rd Dist.Aug.20 2002).
Fish and Game Code Section 2785
March 2005: The New World of State and Local Wetlands Regulation
Fish and Game Code Section 5653
May 2004: Third Appellate Court: Looking at Gold Dredging, Defines a River’s “Banks” under California Fish and Game Code People v. Osborn ___Cal.App.4th___, Case No.C042750 (3rd Dist. March 8, 2004).

Fish Rescue Plans Bill
July 2008: State Assembly Votes to Approve Bill Designed to Protect Declining Fisheries
Forest Practice Act
March 2010: First District Rules Agency Cannot Delete a Previously Adopted Mitigation Measure Attached to an Expired Approval without Reviewing the Continuing Need for the Mitigation Katzeff v. California Department of Forestry and Fire Protection, ___Cal.App.4th___ A122642 (1st Dist. Jan. 28, 2010)
November 2006: First District Finds Abuse of Discretion, Violations of CEQA in Agency’s Approval of Timber Harvest Plan Modified During Public Comment Period Joy Road Area Forest and Watershed Association v. California Department of Forestry & Fire Protection 142 Cal.App.4th 656 (1st Dist. 2006)
June 2006: Fifth District Faults California Department of Forestry for Failing to Ensure that Biological Assessment Areas Evaluated for Timber Harvest Plans Are Tailored to Individual Species Ebbetts Pass Forest Watch v. California Department of Forestry 138 Cal.App.4th 779 (5th Dist. 2006)
Forest Practice Rules
February 2006: First District Court Upholds Agreements Allowing Timber Harvesting in Humboldt County Environmental Protection Information Center v. California Dept. of Forestry and Fire Protection, ___Cal. App.4th___ A104828 (1st Dist. Dec. 12, 2005)
Goverment Code Section 51295
October 2002: Placing of Land in Trust Does Not Automatically Void Williamson Act Contract Sherwood Valley Rancheria v. Friends of East Willits Valley ___Cal.App.4th___,Case No.AO94872 (1st Dist.Aug.14,2002).
Government Claims Act
January 2008: California High Court Holds Government Claim Filing Requirements Apply to Developer’s Breach of Contract Claim against City City of Stockton, et al. v. California Superior Court, ___Cal.4th___ S139237 (Cal. Dec. 3, 2007)
Government Code
June 2010: Second District Finds Agencies May Use Affordable Housing Funds for Any Authorized Purpose Provided a Nexus Exists Between Expenditures and Supply of Affordable Housing City of Cerritos v. Cerritos Taxpayer Association, ___Cal.App.4th___ B214530 (2nd Dist. April 20, 2010)
April 2010: Alameda County Superior Court Decision Could Have Wide-Ranging Impact on Local Governments’ Obligations to Provide Fair-Share of Housing Units Urban Habitat Program v. City of Pleasanton RG06-293831, March 12, 2010 (Alameda Super. Ct.)
January 2010: Second District Strikes Down City’s Extension of Ordinance Restricting Development in Residential Zones Hoffman Street, LLC v. City of West Hollywood, ___ Cal.App.4th___ B210789 (2nd Dist. Nov. 23, 2009)
August 2009: Third District Holds Government Code Limiting Attorney’s Fee Awards to the Amount Incurred by the County, Applies Only to Fees Authorized by County Ordinance County of Sacramento v. Sandison, ___Cal.App.4th___ C058396 (3rd Dist. May 29, 2009).
July 2009: First District Protects Vacant Church from Designation as a Landmark Pursuant to the San Francisco Municipal Planning Code California-Nevada Annual Conference of the United Methodist Church v. City and County of San Francisco, ___Cal.App.4th___ A122578 (1st Dist. May 20, 2009)
March 2009: Attorney General Concludes Redevelopment Agency May Enter into Loan Agreement where Loan Recipient Is the Son of an Agency Board Member ___Ops.Cal.Atty.Gen.___ Opinion No. 07-807 (Jan.14, 2009)
February 2009: A Room First, the View Can Come Later: Local Autonomy and the Density Bonus Law
October 2008: First District Court Finds Challenge to City’s Housing Element Barred by Statute of Limitations Urban Habitat Program v. City of Pleasanton, ___Cal.App.4th___ A118327 (1st Dist. July 22, 2008)
August 2008: California Attorney General Grants District Attorney Permission to File Suit Seeking Removal of Local Water Official from Incompatible Office 91 Ops. Cal. Att’y Gen. 25 (2008)
Government Code § 66013
October 2004: Suit to Invalidate County Ordinance Setting Water Transportation Rate Charges Dismissed—Is Not a Capacity Charge Defined by Government Code Section 66013 Rincon Del Diablo Municipal Water District v. San Diego County Water Authority, ___Cal.App.4th___ DO42529 (4th Dist. Aug. 17, 2004)
Government Code § 66413.5
December 2004: Second District Court Finds Subdivision Map Act Permits City to Deny Development in Newly Incorporated City Where Vesting Tentative Map Submitted after Petition for Incorporation City of Goleta v. Superior Court (Santa Barbara) 122 Cal.App.4th 1182 (2nd Dist. 2004)
Government Code § 831.4
December 2006: First District Holds Trail Immunity under California Government Code Applies to Claims Arising from Design and Location of Trail Anni Amberger-Warren v. City of Piedmont 143 Cal.App.4th 1074 (1st Dist. 2006)
Government Code Section 1090
July 2005: Attorney General Opines that No Conflict of Interest Exists in Department of Forestry and Fire Protection’s Financial Grant to State Employee Ops.Cal.Atty.Gen. 04-701 (May 10, 2004)
Government Code Section 17500
July 2005: Court Rules Commission Must Consider whether State Is Required to Pay for Stormwater NPDES Compliance Costs County of Los Angeles v. State of California BS089769 (Los Angeles Cty. Superior Ct. 2005)
Government Code Section 65009
May 2005: First District Court Rejects Challenge to San Francisco’s Decision to Issue Variance as Time-Barred Honig v. San Francisco Planning Department 127 Cal.App.4th 520 (1st Dist. 2005)
March 2005: Fourth District Court Rules Service of Petition Was Untimely for Conditional Use Permit Challenge and without Exception under Government Code Royal Carpet Mills, Inc. v. City of Irvine 125 Cal.App.4th 1110 (4th Dist. 2005)
Government Code Section 65580
July 2005: Attorney General Opines that Cities May Decrease the Number of Future Low Income Housing Units if Funds Are Insufficient Ops.Cal.Atty. Gen. 03-104 (May 18, 2005)
Government Code Section 65863
April 2003: Assembly Bill 2292: Losing Local Control over Growth
Government Code Section 66014
August/September 2003: Challenge to Building and Permit Fees Must Be Brought through a Validation Action Pursuant to Government Code Sections 66014 and 66106 Barratt American, Incorp. v. City of Rancho Cucamonga ___Cal.App.4th___, Case No. E032578 (4th Dist. May 28, 2003).
Government Code Section 66106
August/September 2003: Challenge to Building and Permit Fees Must Be Brought through a Validation Action Pursuant to Government Code Sections 66014 and 66106 Barratt American, Incorp. v. City of Rancho Cucamonga ___Cal.App.4th___, Case No. E032578 (4th Dist. May 28, 2003).
Government Code Section 66451.11
November 2004: First District Court Sets Forth Rules of Merger Pursuant to the Subdivision Map Act Moores, et al. v. Board of Supervisors of Mendocino County, ___Cal.App.4th___ A105446 (1st Dist. Sept. 24, 2004)
Government Code Section 66451.302
November 2004: First District Court Sets Forth Rules of Merger Pursuant to the Subdivision Map Act Moores, et al. v. Board of Supervisors of Mendocino County, ___Cal.App.4th___ A105446 (1st Dist. Sept. 24, 2004)
Government Code Section 66452.6
March 2005: First District Court Interprets Local Agencies’ Authority to Grant Extensions of Tentative Maps under Govt. Code § 66452.6 after Maps Have Expired Bodega Bay Concerned Citizens v. County of Sonoma, ___Cal.App.4th___ A105590, A105787 (1st Dist. Jan. 14, 2005)
Government Code Section 81000 et seq
May 2005: Director of Nonprofit Trust May Participate in City Council Decision to Lease City-Owned Parcel to Business Owner Solicited by Trust Ops.Cal.Atty.Gen 04-502 (March 28, 2005)
Greene Act
April 2006: Recent land use legislation
Hazardous Substance Account Act
April 2005: California Court of Appeal Reinstates Private Party Contribution Claims under the California Superfund Statute Johnson v. City of San Diego,Case No. D043448, unpublished opinion (Cal. App. March 4, 2005)
June 2004: California Court of Appeal Finds State Statue Preempts Municipal  Authority Over Cleanup of State-Listed Sites City of Lodi v. Randtron, ___Cal.App.4th___ C037445, C038921 (Cal.App. 3rd Dist. May 5, 2004).
Hazardous Waste Control Act
January 2001: California Department of Toxic Substances Control Issues Draft Regulations for Covenants Restricting Uses of Contaminated Property
January 2001: California Department of Toxic Substances Control Issues Draft Regulations for Covenants Restricting Uses of Contaminated Property
Health & Safety Code
April 2010: Legal Uncertainly: Local Regulation of Medical Marijuana Collectives
April 2010: Second District Finds County Erred in Calculating School District’s Pass-Through Payments under Health and Safety Code Section 33607.5 Los Angeles Unified School District v. County of Los Angeles 181 Cal.App.4th 414 (2nd Dist. 2010)
January 2009: Fifth District Court Concludes that Air Pollution Control District Failed to Adequately Assess Impacts of Dairy Emissions Rule on Public Health Association of Irritated Residents v. San Joaquin Valley Unified Air Pollution Control District, ___Cal. App.4th___ F053956 (5th Dist. Nov. 19, 2008)
November 2007: Global Warming and California Water: As the State Develops Its Response, the Water Industry Anticipates Impacts and Solutions
July 2007: Fourth District Upholds Redevelopment Agency’s Execution of Municipal Services Agreement with Tribe —Agreement Did Not Render ‘Assistance’ in Casino Development Hesperia Citizens for Responsible Development v. City of Hesperia et al., ___Cal.App.4th___ D049614 (4th Dist. May 30, 2007)
Health & Safety Code Section 33300
May 2005: Fourth District Court Determines New Blight Findings Warranted when City Substantially Changes Existing Redevelopment Plan Boelts v. City of Lake Forest 127 Cal.App.4th 116 (4th Dist. 2005)
Health and Safety Code
May 2010: Superior Court Finds City’s Water Rate Hikes Unconstitutional Due to Notice Defects and Violations of Statutory Voting Requirements Foster Poultry Farms, Inc. v. City of Livingston CV000292 (Merced Super. Ct. 2010)
January 2006: Sixth District Determines that City Measure to Prevent Fluoridation of Drinking Water Supply Is Preempted by State Law Requiring Fluoridation City of Watsonville v. California Department of Health Services 113 Cal.App.4th 875 (2005)
November 2002: Agency Decision Not to Conduct Further Environmental Review of Redevelopment Plan Component Does Not Require Public Notice under CEQA Cumming v. City of San Bernardino Redevelopment Agency ___Cal.App.4th____ Case No. EO30566 (4th Dist. Aug. 9, 2002).
Health and Safety Code Section 18300
June 2005: Sixth District Court Holds State Law Preempts County Ordinance Requiring Local Approval for Installation of Multi-Story Mobilehomes County of Santa Cruz v. Waterhouse 127 Cal.App.4th 1483 (6th Dist. 2005)
Health and Safety Code Section 18551
July 2005: Fourth District Court Determines Installation of Manufactured Homes Are “Improvements Pertaining to Realty” under Eminent Domain Law Escondido Union School District v. Casa Suenos De Oro, Inc., ___Cal.App.4th___ DO43104 (4th Dist. May 26, 2005)
Housing Element Law
April 2010: Alameda County Superior Court Decision Could Have Wide-Ranging Impact on Local Governments’ Obligations to Provide Fair-Share of Housing Units Urban Habitat Program v. City of Pleasanton RG06-293831, March 12, 2010 (Alameda Super. Ct.)
Labor Code § 1720 et seq
March 2006: Redevelopment Agency Real Property Transfers at Fair Reuse Value: Santa Ana Transit Village and the Requirement for the Payment of Prevailing Wages
Laird-Leslie Sierra Nevada Conservancy Act
November 2004: Governor Schwarzeneggar Approves Legislation Creating Sierra Nevada Conservancy.
Lead and Copper Rule
March 2004: Court of Appeal Finds California’s Lead and Copper Rule Test Methodology under SDWA Invalid Mateel Environmental Justice Foundation v. Edmund A. Gray Co., et al, __Cal.App.4th___, Case Nos. A100075, A100279 (1st Dist. Jan. 23, 2004; Corrected Jan. 27, 2004).
Local Drinking Water Protection Act
October 2002: California Court of Appeal Holds that State May Limit Concentration of Contaminant in Drinking Water Based on Detectable Taste to a Substantial Number, if Not Majority, of Consumers Western States Petroleum Association v. Department of Health Services ___Cal.App.4th___, Case No. C037502 (3rd Dist., June 27, 2002).
September 2002: California Court of Appeal Holds that State May Limit Concentration of Contaminant in Drinking Water Based on Detectable Taste to a Substantial Number, if Not a Majority, of Consumers Western States Petroleum Association v. Department of Health Services, ___Cal.App.4th___, Case No. C037502 (3rd Dist., June 27,2002).
August 2002: Third District Upholds Secondary Drinking Water Standard For MTBE. Western States Petroleum Association, et al. v. Department of Health Services, ___Cal.App.4th___, Case No. CO37502 (3rd Dist. July 27, 2002).
Local Transportation Authority and Improvement Act
January 2010: Second District Affirms that Transportation Funding Plan Listing Potential Projects Was Not a Project Subject to CEQA Sustainable Transportation Advocates of Santa Barbara v. Santa Barbara County Association of Governments, 179 Cal.App.4th 113 (2nd Dist. 2009)
March 2006: Fourth District Rules CEQA Does Not Apply to County Decision to Place Local Sales Tax Measure Promulgated by Local Transportation Authority on Ballot San Bernardino Associated Governments v. Superior Court of San Bernardino County (Sierra Club), ___Cal.App.4th___ E037468 (4th Dist. Jan. 23, 2006)
Maritime Vessel Rules
April 2008: Ninth Circuit Holds Clean Air Act Preempts California’s Marine Vessel Rules Pacific Merchant Shipping Association v. Goldstene, ___F.3d___ 07-16695 (9th Cir. Feb. 12, 2008)
Medical Marijuana Program Act
April 2010: Legal Uncertainly: Local Regulation of Medical Marijuana Collectives
Mello-Roos Community Facilities Act
November 2006: Legislative update
June 2001: Living with the Cost of Development: A Roadmap to Development Fees and Alternatives
Mellow Act
May 2009: Superior Court Finds City Abused Its Discretion in Denying a Mobilehome Park Conversion Application as Incomplete Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles BS 112956 (Los Angeles Cnty Super Ct 2009)
November 2003: Second District Court finds Actual Construction of Units within Coastal Zone Is Necessary to Trigger Mello Act’s Affordable Housing Requirement Coalition of Concerned Communities v. City of Los Angeles (Catellus Residential Group) ___Cal.App.4th___, Case No. B149092 (2nd Dist. Sept. 8, 2003).
Metropolitan Water District Act of 1927
April 2004: San Diego County Water Authority Challenges Metropolitan Water District’s Interpretation of a 1931 Water Rights Formula San Diego Co. Water Auth., et al. v. Metro. Water Dist. of So. Cal., et al. Case No. AO 98526 (Cal. App. 1st. Dist)
Mitigation Fee Act
August 2010: Fifth District Upholds Adoption of Several Development Impact Fees—Finds Fees Survive Scrutiny under Mitigation Fee Act and Quimby Act Homebuilders Association of Tulare/Kings Counties, Inc. v. City of Lemoore, ___Cal.App.4th___ F057671 (5th Dist. June 9, 2010)
October 2009: Land use legislation
August 2009: Legislative update
June 2009: Land use legislation
April 2009: Legislative update
May 2007: Third District Finds Subdivision Map Act’s Statute of Limitations Applies to Challenge Conditions on Proposed Development Fogarty v. City of Chico, ___Cal.App.4th___ C052576 (3rd Dist. March 12, 2007)
August 2006: Fourth District Finds Reduction in City Building Fees Reasonable and Supported by Substantial Evidence Jenkins v. City of Corona, ___Cal.App.4th___ E036270 (4th Dist. May 10, 2006)
June 2006: City of Santa Cruz under No Obligation to Provide a Private Open Space Credit against Quimby Act Park and Recreation Fees Assessed against Developer Branciforte Heights, LLC v. City of Santa Cruz, ___ Cal.App.4th ____ H028864 (6th Dist. April 19, 2006)
February 2006: Building Permit and Plan Review Fees Are Not Fees Imposed on a ‘Development Project’ under the Mitigation Fee Act—But May Still Be Challenged as ‘Excessive’ Barratt American, Inc. v. City of Rancho Cucamonga, ___Cal.4th___ S117590 (Cal. 2005)
April 2004: Statute of Limitations Period for Development Fee Challenges Will Not Apply Where City Failed to Follow Statutory Requirements Barratt American, Inc. v. City of Encinitas ___Cal.App.4th___, Case No. D041162 (4th Dist. Feb. 10, 2004).
October 2001: Court of Appeal Upholds City of Napa's Inclusionary Housing Ordinance Home Builders Association of Northern California v. City of Napa 90 Cal.App.4th 188 (1st Dist. July 2, 2001).
Mobilehome Parks Act
July 2005: Fourth District Court Determines Installation of Manufactured Homes Are “Improvements Pertaining to Realty” under Eminent Domain Law Escondido Union School District v. Casa Suenos De Oro, Inc., ___Cal.App.4th___ DO43104 (4th Dist. May 26, 2005)
Mobilehome Residency Law
May 2005: Fourth District Court Finds Local Ordinance Permitting Pass-Through Property Tax Charges to Residents Preempted by State Law Cacho v. Boudreau, ___Cal.App.4th___ D043396 (4th Dist. March 17, 2005)
Municipal
April 2001: Protecting Views with Municipal Ordinances
February 2001: Building and Plan Check Fees in California — Under Siege in the New Millennium
Municipal Codes
March 2001: Los Angeles Inspection Fee Imposed upon Landlords Relates to the Activity of Renting Residential Property — so It Does Not Run Afoul of Proposition 218 Apartment Association of Los Angeles County Inc. v. City of Los Angeles, 24 Cal.4th 830 (Jan. 8, 2001)
March 2001: Constitutionality of City's View Protection Ordinance Upheld in Contentious Action between Neighbors Echevarrieta v.City of Rancho Palos Verdes ___Cal.App.4th___,B138366 (2nd Dist. Jan. 3, 2001)
Municipal Improvement Act of 1913
August 2009: Superior Court Sets Aside Final EIR for Refinery Expansion Project as Inadequate as to Project Description and GHG Mitigation Measures Communities for a Better Environment v. City of Richmond N08-1429 (Contra Costa Super. Ct. June 4, 2009)
Municipal Ordinances
December 2002: San Bernardino County Adopts Groundwater Management Ordinance pertaining to County's Unincorporated, Unadjudicated Desert Region
July 2001: Santa Monica's Zoning Ordinance Restricting Occupancy of Second Units to Property Owners, Their Caregivers and Dependents, Violates the California Constitution Coalition Advocating Legal Housing Options v. City of Santa Monica, 88 Cal.App.4th 451 (2nd Dist. March 13, 2001).
Natural Community Conservation Planning Act
August 2010: Legislative update
July 2009: Clearing Up Red Tape for Green Projects: California Proposes Streamlined Endangered Species Permitting for Renewable Energy Projects
North Central Valley Conservation Reserve Enhancement Program
November 2006: Third District Finds Purchase and Conversion of Land for Conservation Easement Not Categorically Exempt from CEQA Despite Its Environmentally Beneficial Purpose California Farm Bureau Federation v. California Wildlife Conservation Board, ___Cal.App.4th___ C049919 (3rd Dist. Sept. 21, 2006)
Open Space Easement Act of 1974
February 2004: Ninth Circuit Holds that Conservation Easement Claims Brought by City after a Civil Compromise Were Not Barred by Res Judicata City of Martinez v. Texaco Trading & Transportation, Inc. et al. ___F.3d___, Case No. 02-16436 (9th Cir. Dec. 24, 2003).
Open Space Lands
October 2002: Court of Appeal: Open Space District which Made a Conveyance of Open Space Lands under the Spectre of Eminent Domain Does Not Require Voter or Legislative Approval Johnston v. Sonoma County Agricultural Preservation and Open Space District __Cal.App.4th___,Case No.A097121 (1st Dist.July 31,2002).
Order WR 2000-12
January 2001: Update on Declaration of Fully Appropriated Stream Status of Santa Ana River
Penal Code
January 2009: AG Opines on Legality of MOU Where a County Would Implement Land Use Standards in Exchange for City Support of Multiple Species Habitat Conservation Plan ___Ops.Cal.Atty.Gen.___ 07-506 (Nov. 13, 2008)
Perchlorate Contamination Prevention Act
January 2004: California Legislature Passes Two Bills Addressing Perchlorate Contamination
Permit Streamlining Act
January 2010: Second District Strikes Down City’s Extension of Ordinance Restricting Development in Residential Zones Hoffman Street, LLC v. City of West Hollywood, ___ Cal.App.4th___ B210789 (2nd Dist. Nov. 23, 2009)
May 2001: Billboard Advertiser Cannot State a Cause of Action under the Permit Streamlining Act until the Lead Agency Has Taken Specific Action under CEQA Eller Media Company v. City of Los Angeles, ___ Cal.App.4th ___, Case No. B142004 (2nd Dist. Mar. 21, 2001).
Planning and Zoning Law
July 2010: Legislative update
May 2010: Legislative Update
March 2010: Second District Upholds Los Angeles’ Redevelopment Design Guidelines for North Hollywood PR/JSM Rivera LLC v. Community Redevelopment Agency of the City of Los Angeles, ___Cal.App.4th___ B213051 (2nd Dist. 2009)
January 2010: 2009 Year-End Review of Select Land Use Legislation
August 2009: Legislative update
July 2009: Legislative update
April 2009: Legislative update
December 2008: 2008 Year-end review of select land use legislation
August 2008: Land use legislation
May 2008: Legislative update
April 2008: aaa aaa aaa
December 2007: 2007 Land use legislation wrap up
November 2007: Legislative update
October 2007: Land use legislation
Polanco Redevelopment Act
August 2007: District Court Applies Porter-Cologne Act to Hold Defendants Liable for Government Response Costs under Polanco Act, but Government Not Excused from Notice Requirements Redevelopment Agency of the City of Stockton v. Burlington Northern and Santa Fe Railway Corporation, Union Pacific Railroad Company, ___F.Supp.2d____ Civ. S-05-02087 (E.D. Cal. June 19, 2007)
November 2003: Redevelopment Agency May Seek Order Compelling Party to Remove Environmental Contamination within a Project Area to Establish Standing under Polanco Redevelopment Act Redevelopment Agency of San Diego v. San Diego Gas & Electric Co. 111 Cal.App.4th 912 (4th Dist. 2003).
Political Reform Act of 1974
March 2009: Attorney General Concludes Redevelopment Agency May Enter into Loan Agreement where Loan Recipient Is the Son of an Agency Board Member ___Ops.Cal.Atty.Gen.___ Opinion No. 07-807 (Jan.14, 2009)
February 2007: California Supreme Court Finds U.S. Constitution Authorizes Fair Political Practices Commission To Sue Indian Tribe For Alleged Violations of Political Reform Act Agua Caliente Band of Cahuilla Indians v. Superior Court, ___Cal. 4th___ S123832 (Cal. Dec. 21, 2006)
July 2005: Attorney General Opines that No Conflict of Interest Exists in Department of Forestry and Fire Protection’s Financial Grant to State Employee Ops.Cal.Atty.Gen. 04-701 (May 10, 2004)
May 2005: Director of Nonprofit Trust May Participate in City Council Decision to Lease City-Owned Parcel to Business Owner Solicited by Trust Ops.Cal.Atty.Gen 04-502 (March 28, 2005)
Porter-Cologne Water Quality Control Act
July 2010: News from the West
June 2010: Third District Upholds Salinity Standards and Dissolved Oxygen Studies in the Sacramento-San Joaquin River Basin San Joaquin River Exchange Contractors Water Authority v. State Water Resources Control Board, 183 Cal. App.4th 1110 (3rd Dist.2010)
January 2010: California State Water Resources Control Board Issues New Draft of Water Quality Enforcement Policy
January 2010: Fifth District Opines that Public Agencies Must Obtain C-57 Water Well Contractor’s Licenses California Groundwater Assn. v. Semitropic Water Storage District, ___Cal.App.4th___ F056823 (5th Dist. Nov. 9, 2009)
July 2009: State Water Resources Control Board Issues Proposed Revisions to the Water Quality Enforcement Policy
August 2008: City of Half Moon Bay’s Settlement Agreement with Developer Stalled in the California Senate
March 2008: Fourth District Court Removes Procedural Hurdle to Water Quality Litigation Schutte & Koerting, Inc. v. California Regional Water Quality Control Bd., San Diego Region, ___Cal.App.4th___ D048830 (4th App. Dist. Jan. 16, 2008)
December 2007: Regional Water Quality Control Boards Consider Discharge Waivers in Wake of Wildfires
August 2007: Environmental Groups Sue Central Valley Regional Board Water Quality Control Board over Waivers for Agricultural Discharges California Sportfishing Protection Alliance v. California Regional Water Quality Control Board—Central Valley, filed June 15, 2007, Sacramento Superior Court
August 2007: District Court Applies Porter-Cologne Act to Hold Defendants Liable for Government Response Costs under Polanco Act, but Government Not Excused from Notice Requirements Redevelopment Agency of the City of Stockton v. Burlington Northern and Santa Fe Railway Corporation, Union Pacific Railroad Company, ___F.Supp.2d____ Civ. S-05-02087 (E.D. Cal. June 19, 2007)
July 2007: Kinder Morgan, SFPP Agree to Pay Nearly $5.3 Million to Resolve Federal and State Environmental Violations for Suisun, Alameda, and Donner Lake Spills
November 2005: California Supreme Court Offers New Hope for Those Seeking to Trigger Coverage on Cleanup Costs Ordered by an Administrative Agency Powerline Oil Company v. Superior Court of Los Angeles 37 Cal.4th 377 (Cal. Aug. 29, 2005)
July 2005: Court Rules Commission Must Consider whether State Is Required to Pay for Stormwater NPDES Compliance Costs County of Los Angeles v. State of California BS089769 (Los Angeles Cty. Superior Ct. 2005)
May 2005: California Supreme Court Rules that Regional Boards May Not Consider Economic Factors to Justify Imposing Pollutant Restrictions that Are Less Stringent than Federal Standards City of Burbank v. State Water Resources Control Board, ___Cal.4th___ BS060957 (April 4, 2005)
January 2005: Fourth District Holds that Courts Cannot Review SWRCB’s Decision to Decline Review of Regional Board Orders Johnson v. State Water Resources Control Board, ___Cal.App.4th___ D043278, (4th Dist. Oct. 7, 2004)
September 2004: CALIFORNIA: Enforcement of Water Quality Regulation and Penalties
March 2004: California Regional Water Quality Control Boards Adopt New Waivers for Nonpoint Source Discharges
February 2004: State Water Resources Control Board Issues Proposed Policy for Implementation and Enforcement of Nonpoint Source Pollution Control Program
January 2004: District Court Rules that Timber Companies Engaging in Forest Logging Are No Exempt from Clean Water Act’s Permitting Process for Point Sources Environmental Protection Information Center v. Pacific Lumber Company et al. ___F.Supp.2d___, Case No. C 01-2821 MHP (N.D. Cal. Oct, 14, 2003).
January 2004: California Legislature Passes Two Bills Addressing Perchlorate Contamination
December 2003: Los Angeles Regional Water Quality Control Board Issues Administrative Complaint against Sony Pictures for Violation of Water Code § 13376
1 September 2003: California: Issues Facing the State’s Rivers and Streams xxx xxx
March 2003: Environmental Groups Challenge Central Valley Regional Water Quality Control Board's Decision to Issue a Waiver for Agricultural Return Flows Deltakeeper, et al. v. California Regional Water Quality Control Board - Central Valley Region Case No. 03CS00032 (Sacramento Superior Court).
January 2003: State Decisions: California Court of Appeal Precludes Use of "Minimum Level" Standards Application to NPDES Permit Compliance under the Clean Water Act WaterKeepers Northern California, et al. v. California State Water Resources Contro Board ___Cal.App.4th___, Case No. AO94917 (1st Dist. Oct. 24, 2002).
October 2002: Continuing Litigation and Administrative Processes Regarding Central Valley RWQCB’S Waiver of Waste Discharge Requirements for Agricultural Return Flows Waterkeepers Northern California, et al. v. CVRWQCB, Sacramento Superior Court Case No. 02CS00289. Regional Water Quality Control Board
June 2002: State Water Resources Control Board Commences Statewide Review of Waivers for Agricultural Discharges
May 2002: Clean Water Act Enforcement Complaints Filed: City of Los Angeles Challenges "Trash Total Maximum Daily Loads"; Environmental Groups Seek Compliance with NPDES Permits at Camp Pendleton
March 2002: San Diego Stormwater Permit Challenged in Superior Court. Building Industry Association of San Diego et al. v. State Water Resources Control Board, et al. Case No. 780263 (San Diego Superior Court)
March 2002: CALIFORNIA: Clean Water Act Issues Impacting Water Supply
March 2002: Attorney General Sues Squaw Valley Ski Corporation Alleging Unfair Business Practices Relating to Environmental Issues
January 2002: Clean Water Act Update: An Old Dog With New Tricks by Paeter E. Garcia, Esq. with the Los Angeles law firm of Weston, Benshoof, Rochefort, Rubalcava & MacCuish, LLP
July 2001: Organizations Appeal San Diego Regional Water Quality Control Board's Adoption of Waste Discharge Requirements for Discharges of Urban Runoff
April 2001: California: Cities Sue Los Angeles Regional Water Quality Control Board Over Trash Total Maximum Daily Loads for Los Angeles River Watershed Cities of Arcadia,Artesia,et al.v.California Regional Water Quality Control Board,Los Angeles Region Case Nos.A-1280,A-1280(a),and A-280(b) (Los Angeles County Superior Court).
April 2001: Interpreting Water Code § 1126 for the First Time, Superior Court Denied Motions to Dismiss D-1641 Cases for Failure to Name the U.S. Bureau of Reclamation as a Defendant Regents of the University of California v. State Water Resources Control Board, Case No.CV98-1540 (Yolo County Superior Court Feb. 8, 2001).
April 2001: Cities Sue Los Angeles Regional Water Quality Control Board over Trash Total Maximum Daily Loads for Los Angeles River Watershed Cities of Arcadia,Artesia,et al.v.California Regional Water Quality Control Board,Los Angeles Region Case Nos.A-1280,A-1280(a),and A-280(b)(Los Angeles County Superior Court).
April 2001: Yolo County Superior Court Upholds Discharge Permit Issued by Regional Water Quality Control Board to University of California Regents of the University of California v. State Water Resources Control Board Case No.CV98-1540 (Yolo County Superior Court Feb. 8, 2001).
February 2001: State Water Resources Control Board Proposes Standardized Enforcement Policy for All Nine Regional Boards
February 2001: State Water Resources Control Board Proposes Standardized Enforcement Policy for All Nine Regional Boards
Private Attorney General Statute
May 2008: Third District Court Holds Private Attorney General Fees Are Available to Private Parties even When Public Entities Achieved Substantially Similar Result in Litigation State Water Resources Control Board Cases, ___Cal.App.4th___ C055104 (3rd Dist. Mar. 26, 2008)
October 2005: First and Fourth Districts Reach Different Results on Private Attorney General Fee Awards where Petitioners Achieve Limited CEQA Claims Success Bowman v. City of Berkeley 131 Cal.App.4th 173 (1st Dist. 2005)
January 2001: Court Upholds Limited Discovery of Nonlitigants’ Financial Contributions to Public Interest Group’s Litigation as Relevant to Group’s Motion to Recover Fees under “Private Attorney General” Statute Save Open Space Santa Monica Mountains v. Superior Court 84 Cal.App.4th 235, (2nd Dist. Oct. 18, 2000)
Proposition 13
March 2007: The California State Water Resources Control Board’s Funding Dilemma— Court of Appeal Overturns the Board’s Water Right Fee Regulations
June 2005: Superior courts Upholds California’s New Annual Water Right Fees as Valid Regulatory Fees Northern California Water Association et al. v. State Water Resources Control Board, et al 03CS01776 (Sac. Co. Super. Ct. April 26, 2005)
January 2005: Voters Terminate Property Tax Shifting from Local Governments and Special Districts; Governor’s Budget Focuses Shift on Enterprise Special Districts
April 2003: State of California Raises Fees to Administer Water Bond Funds; Local Agencies Affected
May 2002: State Water Resources Control Board Approves Proposition 13 Grants and Loans
January 2001: Sacramento County Superior Court to Reconsider Ruling on Validity of Water Rates and Connection Fees Building Industry Association of Superior California v. Florin Resource Conservation District Case No.00CS00375 (Sac. Co. Superior Court Dec. 5, 2000)
Proposition 1A
August 2009: State Government May Borrow Money from Water Districts for Budget
Proposition 218
May 2010: Superior Court Finds City’s Water Rate Hikes Unconstitutional Due to Notice Defects and Violations of Statutory Voting Requirements Foster Poultry Farms, Inc. v. City of Livingston CV000292 (Merced Super. Ct. 2010)
March 2010: First District Finds Minimum Base Rate Water Charge Per Parcel Doesn’t Require Proposition 218 Ballot Approval Paland v. Brooktrails Township Community Services Board of Directors, 179 Cal.App.4th 1358 (1st Dist. 2009)
February 2010: First District Clarifies Calculation of Special Benefits and Proportionality for Assessments Subject to Proposition 218 Town of Tiburon v. Bonander, ___Cal.App.4th__ A119918 (1st Dist. Dec. 31, 2009)
February 2010: First District Clarifies Calculation of Special Benefits and Proportionality for Assessments Subject to Proposition 218 Town of Tiburon v. Bonander, ___Cal.App.4th__ A119918 (1st Dist. Dec. 31, 2009)
October 2009: First Appellate District finds Monthly Base Rate for Water Service Is a Property-Related Fee, Not an Assessment, under Article XIII D of the California Constitution Paland v. Brooktrails Township Community Services Dist. Bd. of Directors, ___Cal.App.4th___ A122630 (1st Dist. July 31, 2009)
August 2009: Superior Court Sets Aside Final EIR for Refinery Expansion Project as Inadequate as to Project Description and GHG Mitigation Measures Communities for a Better Environment v. City of Richmond N08-1429 (Contra Costa Super. Ct. June 4, 2009)
June 2009: Having Transferred Water Service Fee Income to Its General Fund, Los Angeles Faces Imminent Prospect of Issuing $30 Million Refund City of Los Angeles v. All Persons Interested, Los Angeles Cnty Super Ct, tentative statement of decision BC369238, (2009)
May 2009: First District Holds that Ballots In Storm Drainage fee Elections Must Be Kept Confidential Greene v. Marin County Flood Control and Water Conservation District, ___Cal.App.4th___ A120228 (1st Dist. March 11, 2009)
November 2008: Developing Conservation-Based Water Rate Structures in Compliance with Proposition 218
October 2008: Third District Court to Review Decision of Superior Court Upholding Water District’s Groundwater Charge under Proposition 218 Howard Jarvis Taxpayers Ass’n v. North San Joaquin Water Conservation District C059758 (3rd Dist. 2008)
October 2008: California Supreme Court Provides Significant New Guidance Regarding Adequacy of Local Benefit Assessments Silicon Valley Taxpayers Association v. Santa Clara County Open Space Authority 44 Cal.4th 431 (2008)
April 2008: Water Users Attempt to Expand Sixth District’s 2007 Holding that Groundwater Augmentation Fees Are Subject to Proposition 218 Pajaro Sunny Mesa Community Services District v. Pajaro Valley Water Management Agency CV 159508, County of Santa Cruz Superior Court, filed Feb. 20, 2008
December 2007: A Clash of Equities: Proposition 218 Squares Off against Tiered Water Pricing
July 2007: Sixth District Holds that Groundwater Augmentation Charges Are Subject to Proposition 218 Pajaro Valley Water Management Agency v. Amrhein 150 Cal.App.4th 1364 (6th Dist. 2007)
April 2007: First District Finds Property Owners’ Proposition 218 Challenge to Special Assessment Is a Validation Action that Must Comply with Special Procedures for Service of Process Bonander et al. v. City of Tiburon, et al., ___Cal.App.4th___ A115239 (1st Dist. Jan. 31, 2007)
November 2006: The Changing Landscape of Proposition 218: Bighorn-Desert View Water Agency v. Verjil (Kelley)
October 2006: California Supreme Court Extends the Reach of Proposition 218 Bighorn-Desert View Water Agency v. Verjil 39 Cal.4th 205 (2006)
October 2005: Sixth District Upholds Santa Clara County’s Post-Proposition 218 Open-Space Assessment District Silicon Valley Taxpayers Assn., Inc. v. Santa Clara County Open Space Authority 130 Cal.App.4th 1295 (6th Dist. 2005)
May 2005: Fifth District Court Prohibits Fresno from Imposing In Lieu Fee to Recover General Costs Incurred by Utility Departments Howard Jarvis Taxpayers Association v. City of Fresno, ___Cal.App.4th___ F044561 (5th Dist. Mar. 23, 2005)
October 2004: Water Agency’s Rates and Charges Are Not Subject to Proposition 218 Voter Approval or Initiative Process Bighorn-Desert View Water Agency v. Beringson 120 Cal.App.4th 890 (4th Dist. 2004)
March 2003: Fourth District Holds County Assessor Must Undertake Property Reappraisals for Two Years Following a Proposition 8 Property Tax Reduction El Dorado Palm Springs Ltd. v. Riverside County Bd. of Supervisors 104 Cal.App.4th 1262 (2002)
July 2002: Municipality May Not Impose a Flat Fee on Water, Refuse, or Sewer Utilities under Proposition 218 Howard Jarvis Taxpayers Association v. City of Roseville 97 Cal.App.4th 637 (3rd Dist. 2002)
January 2001: Sacramento County Superior Court to Reconsider Ruling on Validity of Water Rates and Connection Fees Building Industry Association of Superior California v. Florin Resource Conservation District Case No.00CS00375 (Sac. Co. Superior Court Dec. 5, 2000)
Proposition 40
March 2002: State Bond Measure Totaling $ 2.6 Billion to Appear on March Ballot
Proposition 65
March 2009: California Court of Appeal Overrules Industry Challenge to Inclusion of Phthalate on Proposition 65 List of Chemicals Known to Cause Reproductive Toxicity Exxon Mobile Corporation v. California Office of Environmental Health Hazard Assessment, et al., ___Cal. App.4th___ B204987 (2nd Dist. Jan. 7, 2009)
May 2006: California Court of Appeal Blasts Overly Broad ‘Bounty Hunter’ Lawsuit under Proposition 65 Consumer Defense Group v. Rental Housing Industry Members, ___Cal.App.4th___ G035101, G035154 (Cal.App. Mar. 24, 2006)
March 2006: Court of Appeal Upholds Lower Court Ruling that Plaintiff Failed to Prove a Discharge in Violation of Proposition 65 As You Sow v. Conbraco Industries, ___Cal.App. 4th___ A106660, (1st Dist. filed Dec. 12, 2005, certified for publication Jan. 4, 2006)
March 2004: Court of Appeal Finds California’s Lead and Copper Rule Test Methodology under SDWA Invalid Mateel Environmental Justice Foundation v. Edmund A. Gray Co., et al, __Cal.App.4th___, Case Nos. A100075, A100279 (1st Dist. Jan. 23, 2004; Corrected Jan. 27, 2004).
July 2003: Appellate Parties Brief First District Court on Issue of Test Methodology in Drinking Water Contamination Cases Mateel Environmental Justice Foundation v. Edmund A. Gray, Co. et al. ___Cal.App.4th___, Case Nos. A100075, A1000279 (1st Dist. Sept. 17, 2002).
June 2003: In a Case of First Impression, California Court of Appeal Holds One-Year Statute of Limitation Applies to Action to Recover Penalties under Proposition 65 Shamsian v. Atlantic Richfield Company ___Cal.App.4th___, Case No. B157698 (2nd Dist. April 10, 2003).
February 2003: Neither "Passive Migration" nor "Continued Presence" of Toxic Contaminants Constitutes a "Discharge" or "Release" under Proposition 65 Consumer Advocacy Group, Inc. v. Exxon Mobil Corporation ___Cal.App.4th___, Case No. B153817 (2nd Dist. Dec. 17, 2002).
February 2003: California Appellate Court Affirms Trial Court's Ruling that "Passive Migration" Is Not a "Discharge or Release" within the Meaning of the State's Proposition 65 Statute Consumer Advocacy Group Inc. v. Exxon Mobil Corp ___Cal.App.4th___, Case No. B153817 (2nd Dist. Dec. 17, 2002).
June 2001: California Court Throws Out Several "Proposition 65" Lawsuits Using Federal Precedent on the Adequacy of 60-Day Notices Consumer Cause, Inc. v. Arco Oil & Gas Company, et al. ___Cal.App.4th___, Case Nos.B132719,B1322723,B134924 (2nd Dist. April 25, 2001)
Proposition 84
February 2009: DWR Announces Local Groundwater Assistance Grant Awards; More Funds Available
Proposition 90
December 2006: California Voters Reject Proposition 90 Eminent Domain Measure by Narrow Margin
Public Records Act
April 2009: Sixth Circuit Rules Neither Federal Homeland Security Provisions Nor State Public Records Law Precluded Disclosure of Geographic Information Basemap County of Santa Clara v. Superior Court of Santa Clara County, ___Cal.App.4th___ H031658 (6th Dist. Feb. 5, 2009)
January 2009: Sixth District Court Upholds Attorney’s Fee Award in Action Brought Pursuant to California Public Records Act Bernardi, et al. v. County of Monterey, ___Cal. App.4th___ M73763 (6th Dist. Sep. 30, 2008)
October 2008: Third District Court Dismisses Action Brought Pursuant to Public Records Act for Failure to Name an Indispensable Party Tracy Press, Inc., v. City of Tracy, ___Cal.App.4th___ C056812 (3rd Dist. July 16, 2008)
May 2006: Attorney General Opines that Interim Grading Documents Submitted by Property Owners to Local Agencies Are Public Records
December 2005: Attorney General Opines that Electronic Parcel Boundary Map Data May Be Copied and Inspected by Public under California Public Records Act Ops.Cal.Atty.Gen. 04-1105 (October 3, 2005)
Public Resources Code
August 2009: Second District Holds California Coastal Commission Properly Considered Coastal View in Deciding Permit Application Farr v. California Coastal Commission, 173 Cal. App.4th 1474 (2nd Dist. 2009).
August 2008: New Challenges to Development in the Delta: the Delta Protection Commission’s Decision on the Old Sugar Mill Project
August 2007: Appellate Victory a Step Forward for the Quantification Settlement Agreement As Imperial County Petitions for Rehearing County of Imperial v. Superior Court of Sacramento County, et al. 152 Cal.App.4th 13 (3rd Dist. 2007)
August 2007: CEQA Challenge to Development Based on Climate Change Rejected by Napa County Superior Court American Canyon Community United for Responsible Growth v. City of American Canyon 26-27462, May 22, 2007 (Napa County Superior Court)
Public Resources Code § 21167.4
January 2005: Fifth District Court Finds CEQA Request for Hearing Requirement Does Not Require the Setting of a Hearing Date Leavitt v. County of Madera, ___Cal.App.4th ___ F044068 (5th Dist. Nov. 3, 2004)
December 2004: Third District Rejects Holding in McCormick v. Board of Supervisors—Finds CEQA Requirement to Request a Hearing within 90-days Satisfied by Document Entitled “Request for a Hearing”. Association for Sensible Development at Northstar, Inc. v. Placer County (Northstar Mountain Properties, LLC) ___Cal.App.4th___ CO44364 (3rd Dist. Oct, 4, 2004)
Public Resources Code Section 21005
January 2005: Court-Issued Writ Commanding Agency to Account for “All” Sources of Pollution Is Limited to Sources Identified in EIR Riverwatch v. County of San Diego D042430 (4th Dist. Oct. 25, 2004)
Public Resources Code Section 21167.6
May 2008: First District Court Holds CEQA Lawsuit Does Permit Prevailing Party to Obtain Costs Associated with Reparation of Record Agreed to, but Prepared by, Opposing Party St. Vincent’s School for Boys, Catholic Charities CYO v. City of San Rafael, ___Cal.App.4th___ 73 Cal.Rptr.3d 512 (1st Dist. 2008)
June 2005: First District Court Holds City of Hayward Improperly Delegated Cost of Preparing CEQA Administrative Record to Developer Hayward Area Planning Association v. City of Hayward 128 Cal.App.4th 176 (1st. Dist. 2005)
Public Resources Code Section 30103
July 2005: California Supreme Court Backs Coasal Commission Grant of Housing Development Permit Sierra Club v. California Coastal Commission, ___Cal.4th___ S116081 (May 20, 2005)
Public Resources Code Section 30166.5
October 2004: Second District Rejects Malibu’s Appeals to Escape from Coastal Commission’s Local Coastal Program Prepared Specifically for the City City of Malibu v. California Coastal Commission, ___Cal.App.4th ___ SS 011355 (2nd Dist. Aug. 23, 2004)
Public Resources Code Section 30604
July 2005: California Supreme Court Backs Coasal Commission Grant of Housing Development Permit Sierra Club v. California Coastal Commission, ___Cal.4th___ S116081 (May 20, 2005)
Public Resources Code Section 5093.50
July 2005: AB 1328 Proposes to Add 31 Miles of Cache Creek in Yolo and Lake Counties to the California Wild and Scenic Rivers System
Public Resources Code Section 5540
July 2009: California Supreme Court Determines that Mere Acquisition of Lands By Park District Does Not Constitute an ‘Actual Dedication’ Gerard Ste. Marie v. Riverside County Regional Park and Open Space District, ___Cal.4th___ S-159319 (Cal. May 14, 2009)
October 2002: Court of Appeal: Open Space District which Made a Conveyance of Open Space Lands under the Spectre of Eminent Domain Does Not Require Voter or Legislative Approval Johnston v. Sonoma County Agricultural Preservation and Open Space District __Cal.App.4th___,Case No.A097121 (1st Dist.July 31,2002).
Public Resources Code Sections 33300 through 33356
November 2004: Governor Schwarzeneggar Approves Legislation Creating Sierra Nevada Conservancy.
Public Resources Section 30240
April 2005: Lawsuit Challenges the California Coastal Commission’s Approval of Dana Point Headlands Project
Public Resources Section 30301
August 2005: California Supreme Court Rules Coastal Commission Is Constitutional Marine Forests Society v. California Coastal Commission, ___Cal.4th___ S113466 (Cal. June 23, 2005)
Public Resources Section 30312
August 2005: California Supreme Court Rules Coastal Commission Is Constitutional Marine Forests Society v. California Coastal Commission, ___Cal.4th___ S113466 (Cal. June 23, 2005)
Public Utilites Code
March 2006: Ninth Circuit Rules City Overstepped Its Authority to Deny Wireless Antenna Permits on Aesthetics Grounds Sprint PCS v. La Canada Flintridge, ___F.3d___ CV 03-00039-DOC (9th Cir. Jan. 17, 2006)
February 2004: California Supreme Court Finds Prosecutors May Pursue a Civil Enforcement Action Against A Public Utility While An Investigation by the Public Utilities Commission Is Ongoing People ex rel. Orloff v. Pacific Bell 31 Cal.4th 1132 (2003).
Public Utilities Code Section 7901
July 2005: Fifth District Court Finds Installation of Fiber Optic Cable Permitted in Public Right-of-Way Easement Anderson v. Time Warner Telecom of California, Inc., ___Cal.App.4th ___ (5th Dist. May 13, 2005)
Quimby Act
August 2010: Fifth District Upholds Adoption of Several Development Impact Fees—Finds Fees Survive Scrutiny under Mitigation Fee Act and Quimby Act Homebuilders Association of Tulare/Kings Counties, Inc. v. City of Lemoore, ___Cal.App.4th___ F057671 (5th Dist. June 9, 2010)
June 2006: City of Santa Cruz under No Obligation to Provide a Private Open Space Credit against Quimby Act Park and Recreation Fees Assessed against Developer Branciforte Heights, LLC v. City of Santa Cruz, ___ Cal.App.4th ____ H028864 (6th Dist. April 19, 2006)
Recreational Land Use Immunity Statute
May 2009: Supreme Court Holds Recreational Use Immunity Statute Shielded PG&E from Personal Injury Claims Sustained on Utility Easement Prince v. Pacific Gas & Electric Co.,___Cal.4th___ S149344 (Mar. 19, 2009)
Regulation to Control Greenhouse Gas Emissions from Motor Vehicles Regulations
December 2007: California’s Governor and Attorney General Sue EPA for Delaying Action on Requested Waiver of Preemption Regarding Vehicle Emission Standards State of California v. U.S. Environmental Protection Agency 07-cv-02024, filed November 5, 2007 (D. D.C.)
Religious Land Use and Institutionalized Persons Act
January 2003: Cottonwood Christian Center v. Cypress Redevelopment Agency and the City of Cypress: Viewing Condemnation through the Eyes of the Religious Land Use and Institutionalized Persons Act by Marc Alexander
Resident Advisory Commission on the Environment Act
May 2007: Legislative update
April 2007: Legislative update
Revenue and Taxation Code
April 2010: Second District Finds County Erred in Calculating School District’s Pass-Through Payments under Health and Safety Code Section 33607.5 Los Angeles Unified School District v. County of Los Angeles 181 Cal.App.4th 414 (2nd Dist. 2010)
Rice Straw Burning Reduction Act
November 2003: Third District Court of Appeal Upholds California Air Resources Board’s Efforts to Reduce Burning of Rice Straw in the Sacramento Valley
November 2003: Third District Court of Appeal Upholds California Air Resources Board’s Efforts to Reduce Burning of Rice Straw in the Sacramento Valley Carrancho v. California Air Resources Board 111 Cal.App.4th 1255 (3rd Dist. 2003).
Right to Vote on Taxes Act
February 2010: First District Clarifies Calculation of Special Benefits and Proportionality for Assessments Subject to Proposition 218 Town of Tiburon v. Bonander, ___Cal.App.4th__ A119918 (1st Dist. Dec. 31, 2009)
February 2010: First District Clarifies Calculation of Special Benefits and Proportionality for Assessments Subject to Proposition 218 Town of Tiburon v. Bonander, ___Cal.App.4th__ A119918 (1st Dist. Dec. 31, 2009)
May 2005: Fifth District Court Prohibits Fresno from Imposing In Lieu Fee to Recover General Costs Incurred by Utility Departments Howard Jarvis Taxpayers Association v. City of Fresno, ___Cal.App.4th___ F044561 (5th Dist. Mar. 23, 2005)
October 2004: Water Agency’s Rates and Charges Are Not Subject to Proposition 218 Voter Approval or Initiative Process Bighorn-Desert View Water Agency v. Beringson 120 Cal.App.4th 890 (4th Dist. 2004)
Sacramento County Superior Court
July 2003: Superior Court: Court Issues Final Ruling for All Residual Contested Matters Pending in CALFED Coordinated Proceedings Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings Case No. JC04152 (Superior Court, County of Sacramento May 5, 2003).
Sacramento San Joaquin Delta Reform Act of 2009
February 2010: State Water Resources Control Board Holds Pre-Proceeding Conference on Delta Flow Criteria
Safe Clean and Reliable Drinking Water Supply Act of 2010
January 2010: News from the West
December 2009: One Large Step Forward: The California Water Deal of 2009—A Look at the Historic New State Water Legislation
December 2009: It’s Not Just about Water, and It’s Not Just about the Delta: Land Use Regulation and the New Water Bills
Safe Drinking Water
October 2002: California Court of Appeal Holds that State May Limit Concentration of Contaminant in Drinking Water Based on Detectable Taste to a Substantial Number, if Not Majority, of Consumers Western States Petroleum Association v. Department of Health Services ___Cal.App.4th___, Case No. C037502 (3rd Dist., June 27, 2002).
June 2001: Metropolitan Water District Provides $45 Million in Proposition 13 Funds for Conjunctive Use Water Storage Projects in Southern California
Safe Drinking Water and Toxic Enforcement Act of 1986
March 2006: Court of Appeal Upholds Lower Court Ruling that Plaintiff Failed to Prove a Discharge in Violation of Proposition 65 As You Sow v. Conbraco Industries, ___Cal.App. 4th___ A106660, (1st Dist. filed Dec. 12, 2005, certified for publication Jan. 4, 2006)
June 2004: California  Environmental Protection Agency Sets Public Health Goal for Arsenic in Drinking  Water
March 2004: Court of Appeal Finds California’s Lead and Copper Rule Test Methodology under SDWA Invalid Mateel Environmental Justice Foundation v. Edmund A. Gray Co., et al, __Cal.App.4th___, Case Nos. A100075, A100279 (1st Dist. Jan. 23, 2004; Corrected Jan. 27, 2004).
July 2003: Appellate Parties Brief First District Court on Issue of Test Methodology in Drinking Water Contamination Cases Mateel Environmental Justice Foundation v. Edmund A. Gray, Co. et al. ___Cal.App.4th___, Case Nos. A100075, A1000279 (1st Dist. Sept. 17, 2002).
June 2003: Recent Investigations, Settlements, Penalties and Sanctions
February 2003: Neither "Passive Migration" nor "Continued Presence" of Toxic Contaminants Constitutes a "Discharge" or "Release" under Proposition 65 Consumer Advocacy Group, Inc. v. Exxon Mobil Corporation ___Cal.App.4th___, Case No. B153817 (2nd Dist. Dec. 17, 2002).
February 2003: California Appellate Court Affirms Trial Court's Ruling that "Passive Migration" Is Not a "Discharge or Release" within the Meaning of the State's Proposition 65 Statute Consumer Advocacy Group Inc. v. Exxon Mobil Corp ___Cal.App.4th___, Case No. B153817 (2nd Dist. Dec. 17, 2002).
Safe Drinking Water, Clean Water, Watershed Protection and Flood Protection Act
May 2002: State Water Resources Control Board Approves Proposition 13 Grants and Loans
Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006
August 2010: California Legislature Considers Expanding Eligible Recipients of Sustainable Communities Funding to Special Districts, JPAs and Other Land Use Authorities
July 2010: California Legislature Considers Expanding Eligible Recipients of Sustainable Communities Funding to Special Districts, JPAs and Other Land Use Authorities
March 2007: New Flood Management and Control Legislation Introduced
Salton Sea Restoration Act of 2004
June 2007: Salton Sea Restoration: New Proposed Draft Design and Legislative First Steps
Santa Clara County Open Space Authority Act
October 2005: Sixth District Upholds Santa Clara County’s Post-Proposition 218 Open-Space Assessment District Silicon Valley Taxpayers Assn., Inc. v. Santa Clara County Open Space Authority 130 Cal.App.4th 1295 (6th Dist. 2005)
Santa Moncia Mountains Conservancy Act
July 2002: Second District finds the Santa Monica Mountains Conservancy Is Not Immune from the City of Malibu's Land Use Regulations City of Malibu v. Santa Monica Mountains Conservancy 98 Cal.App.4th 460 (2nd Dist. 2002)
SB 1
May 2010: State Water Resources Control Board Conducts Delta Flow Criteria Informational Proceeding
February 2010: State Water Resources Control Board Holds Pre-Proceeding Conference on Delta Flow Criteria
SB 1240
August 2008: California Legislature Takes Action to Codify Low Carbon Fuel Standard
SB 27
June 2008: Delta Legislative Update: SB 997 and SB 27: Of Hatcheries and Canals
SB 375
March 2009: Tackling Climate Change: Taking A Regional Perspective
November 2008: Examining SB 375’s Landmark Regional Land Use Planning Scheme: Is the Sacred Cow of Local Land Use Control Now Roadkill?
October 2008: California Legislature Passes Climate Change Smart Growth Bill: Senate Bill 375
August 2008: Senate Bill Shoots for AB 32’s Targets with Transportation and Land Use Planning
November 2007: California Attorney General Jerry Brown’s Crusade against Global Climate Change
SB 390
July 2007: State Water Resources Control Board Dismisses Petitions for Review of Central Valley Agricultural Waiver
SB 448
December 2009: Governor Schwarzenegger Signs Safe Harbor Law Providing Landowners with Species ‘Incidental Take’ Coverage
SB 481
March 2010: California Senate Bill 481: A Safe Landing for Endangered Birds, but Not for Aircraft
SB 5
December 2007: Governor Acts on Potential Legislation Addressing Water Supply, Water Quality, and Flood Issues
November 2007: Governor Signs Legislative Overhaul of California’s Flood Protection System
SB 562
May 2008: Pacific Fisheries Management Council Considers Management Options while California Legislature Acts to Restore Salmon Habitat
SB 619
February 2004: SB 619: Killing Smart Growth To Meet Low and Moderate Income Housing Needs
SB 6x7
June 2010: A Move Toward the Statewide Management of Groundwater Resources— LAO’s 2010 Report and SB 6X7
SB 790
December 2009: Legislation Creates Stormwater Reuse Framework for California
SB 97
November 2007: California Attorney General Jerry Brown’s Crusade against Global Climate Change
October 2007: Budget Trailer Bill Creates Exception for Climate Change Analysis under the California Environmental Quality Act
SB 997
June 2008: Delta Legislative Update: SB 997 and SB 27: Of Hatcheries and Canals
SBX7 1
March 2010: A Brave New World for Land Use Regulation in the Delta and along the San Francisco Bay Shoreline
Senate Bill 1049
June 2007: California Water Rights Fees: Petitions for Review Granted by the California Supreme Court California Farm Bureau Federation, et al. v. State Water Resources Control Board, et al. S150518 filed April 11, 2007, California Supreme Court
May 2007: Back to the Drawing Board: By Court Order, the State Water Resources Control Board Must Revise Its Invalid Water Right Fees
March 2007: The California State Water Resources Control Board’s Funding Dilemma— Court of Appeal Overturns the Board’s Water Right Fee Regulations
June 2005: Superior courts Upholds California’s New Annual Water Right Fees as Valid Regulatory Fees Northern California Water Association et al. v. State Water Resources Control Board, et al 03CS01776 (Sac. Co. Super. Ct. April 26, 2005)
Senate Bill 1672
December 2005: Members of Congress Initiate Regional Water Plan for the San Joaquin Valley
Senate Bill 221
March 2009: California Appellate Court Decides Meaning of California’s Recently-Enacted Water Supply Assessment Statute
March 2007: Got Water?—California Supreme Court Clarifies CEQA Requirements for Analysis of Water Supplies
September 2005: California: Water Supply and the Land Use Connection
June 2005: Sacramento County Rewarded for Comprehensive Water Supply Planning for Future Growth Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova
March 2005: Urban Water Management Plan Updates Provide Opportunity to Ease SB 610/221 Compliance
March 2005: DWR Publishes Guidebook to Assist Water Suppliers in Preparing 2005 Urban Water Management Plans
October 2004: Recent Court Decisions and Publications Provide Guidance in Piecing Together Water Supply Analyses for Development Projects
March 2004: Newhall County Water District Rejects Water Availability Estimates for Santa Clarita Valley.
December 2003: State Senate Committee Concludes that Water Supply Planning Laws Need Improvement
December 2003: Governor Davis Approves Bill Granting Regional Water Quality Control Boards Veto Power over Approval of Timber Harvesting Plans.
June 2001: Two Bills Put Water Agencies at the Center of Planning Decisions and Challenges to Development
June 2001: Two Bills Put Water Agencies at the Center of Planning Decisions and Challenges to Development, Centering upon Whether there Are Adequate Water Supplies for Proposed Projects
Senate Bill 610
August 2010: Fourth District Holds Statutory Criteria for Water Supply Assessments Are Not Ambiguous—Proposed Open-Air Composting Facility Is a ‘Project’ Center for Biological Diversity et al. v County of San Bernardino 185 Cal.App.4th 866 (4th Dist. 2010)
March 2009: California Appellate Court Decides Meaning of California’s Recently-Enacted Water Supply Assessment Statute
January 2009: First District Court Finds that a Water Supply Assessment Relying on Groundwater Need Not Analyze Groundwater Pumping by All Users in the Basin O.W.L. Foundation v. City of Rohnert Park, ___Cal. App.4th___ A114809 (1st Dist. Nov. 19, 2008)
December 2008: Fifth District Court Concludes that County Approval of Hard Rock Quarry Was Improper Due to Errors in the EIR and Failure to Satisfy SB 610 Gray v. County of Madera, ___Cal.App.4th__ F053661 (5th Dist. Oct. 24, 2008)
May 2008: Second Appellate District Finds Water Supply Assessments Not Actionable until Completion of Environmental Review Process California Water Impact Network v. Newhall County Water District, ___Cal.App.4th____ 2:08-cv-00220-FCD-KJM (2nd Dist April 16, 2008)
March 2007: Got Water?—California Supreme Court Clarifies CEQA Requirements for Analysis of Water Supplies
August 2006: Sonoma County Superior Court Finds Rohnert Park Water Supply Assessment Inadequate under SB 610: Exhaustive Analysis of Groundwater Basin Required O.W.L. Foundation v. City of Rohnert Park 236309, unpub. op. (Sonoma County Superior Ct. May 31, 2006)
September 2005: California: Water Supply and the Land Use Connection
May 2005: Water Supply Assessment for the City of Rohnert Park Challenged O.W.L. Foundation v. City of Rohnert Park SCV-236309, filed Feb. 24, 2005 (Sonoma Co. Super. Ct.)
March 2005: Urban Water Management Plan Updates Provide Opportunity to Ease SB 610/221 Compliance
March 2005: DWR Publishes Guidebook to Assist Water Suppliers in Preparing 2005 Urban Water Management Plans
October 2004: Recent Court Decisions and Publications Provide Guidance in Piecing Together Water Supply Analyses for Development Projects
March 2004: Newhall County Water District Rejects Water Availability Estimates for Santa Clarita Valley.
December 2003: State Senate Committee Concludes that Water Supply Planning Laws Need Improvement
December 2003: Governor Davis Approves Bill Granting Regional Water Quality Control Boards Veto Power over Approval of Timber Harvesting Plans.
June 2001: Two Bills Put Water Agencies at the Center of Planning Decisions and Challenges to Development
June 2001: Two Bills Put Water Agencies at the Center of Planning Decisions and Challenges to Development, Centering upon Whether there Are Adequate Water Supplies for Proposed Projects
Senate Bill 94
July 2005: State of California to Pay $45 Million to Individuals Damaged by 1997 Levee Failure along Feather River
Solar Shade Control Act
December 2005: Sixth District Finds Homeowners Have No Legal Remedy under the Solar Shade Control Act against County Trees Shading Solar Panels Zipperer v. County of Santa Clara, ___Cal.App.4th___ H028455 (6th Dist. Oct. 28, 2005)
State Energy Resources Conservation and Development Act
October 2003: California Energy Commission’s Decision to Approve a Power Plant Did Not Become Ripe for Judicial Challenge Until 30 Days after the Decision Was Filed with Its Docket Unit Figueroa v. California Energy Com 110 Cal.App.4th 1115 (4th Dist. 2003.)
Statutory Good Faith Settlements
March 2005: California Court Rules to Protect Cleanup Judgment Debtor from Having to Assume Responsibilities of Others Who Attempt to Settle Out State of California v. Saberi, ___Cal.App.4th___ A102091, 102543, and 103463, unpub. op. (1st Dist. Feb. 3, 2005)
Streamflow Protection Standards Act
April 2001: State Water Resources Control Board Issues Revised and Final Decision for Yuba River
Subdivided Lands Act
November 2005: Fourth District Holds Subdivision Lands Act’s Regulation of Architectural Control Committees Inapplicable to Standard Subdivision, but Not a Bar to Suit Property Owners of Whispering Palms, Inc. v. Newport Pacific, Inc 132 Cal.App.4th 666 (4th Dist. 2005)
March 2004: Prospective Purchaser in a Project Subject to the Subdivided Lands Law Was Entitled to Recover under a Bond for Developer Breach, where Agreement Preceded Bond Corby v. Gulf Insurance Co 114 Cal.App.4th 1371 (2nd Dist. 2004).
Subdivision Map Act
April 2010: Legislative Update
January 2010: 2009 Year-End Review of Select Land Use Legislation
November 2009: Riverside County Enacts a New Ordinance to Facilitate Subdivision Improvement Agreements
November 2009: Land Use Legislation
October 2009: First District Finds County Ordinance Imposing Additional Requirements to Convert Rental Mobilehome Parks to Resident-Owned Was Preempted by Subdivision Map Act Sequoia Park Associates v. County of Sonoma, ___Cal. App.4th___ A120049 (1st Dist. Aug. 21, 2009)
October 2009: Land use legislation
August 2009: Legislative update
July 2009: Legislative update
June 2009: Land use legislation
June 2009: First District Court Finds Parcels Depicted on Antiquated Subdivision Map Are Not Entitled to Legal Recognition Abernathy Valley, Inc. v. County of Solano, ___Cal.App.4th___ A121817 (1st Dist. April 17, 2009)
May 2009: Land use legislation
May 2009: Superior Court Finds City Abused Its Discretion in Denying a Mobilehome Park Conversion Application as Incomplete Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles BS 112956 (Los Angeles Cnty Super Ct 2009)
April 2009: Legislative update
March 2009: Third District Holds Real Estate Contract Void Ab Initio Based on Waiver Provision that Violated the Subdivision Map Act Sixells, LLC v. Cannery Business Park, ___Cal. App.4th___ C056267 (3rd Dist. Dec. 29, 2008)
January 2009: The Common Law Taketh Away: Revocation of Offers of Dedication under Biagini v. Beckham
January 2009: Fourth District Court Rules Subdivision Map Act’s 90-Day Service of Summons Requirement Applies to CEQA Causes of Action Friends of Riverside’s Hills v. City of Riverside, ___Cal. App.4th___ EO42724 (4th Dist. Nov. 24, 2008)
December 2008: 2008 Year-end review of select land use legislation
December 2008: Second District Court Rules Court Cannot Hear Landowner’s Challenge to Proposed Zoning Changes until Changes Are Enacted Stonehouse Homes v. City of Sierra Madre,___Cal. App.4th___ 84 Cal.Rptr.3d 223 (2nd Dist. 2008)
October 2008: First District Court Holds that 1915 Subdivision Map Does Not Create Valid Lots under Map Act’s Grandfather Provisions Witt Home Ranch, Inc. v. County of Sonoma, ___Cal. App.4th___ A118911 (1st Dist. July 29, 2008)
July 2008: Land use legislation
June 2008: Land use legislation
April 2008: aaa aaa aaa
October 2007: Attorney General Opines that Grant of Conservation Easement Does Not Constitute a ‘Division’ of Land and Is Not Subject to Subdivision Map Act 07 Ops.Cal.Atty.Gen. 801 (August 21, 2007)
August 2007: First District Court Holds Two or More Properties with the Same ‘Owner in Substance’ May Be Merged if the Map Act’s Requirements Are Met Kalway v. City of Berkeley 151 Cal.App.4th 827 (1st Dist. 2007)
July 2007: Second District Finds Deed Conveying Easement for Garage Did Not Violate Subdivision Map Act Blackmore v. Powell, ___Cal.App.4th___ B185326 (2nd. Dist. May 22, 2007)
June 2007: Land use legislation
May 2007: Legislative update
May 2007: Third District Holds Attorney General Cannot Recover Attorneys’ Fees under the Private Attorney General Doctrine when Acting on Behalf of California People ex rel. Brown v. Tehama County Board of Supervisors 148 Cal.App.4th 790 (3rd Dist. 2007)
May 2007: Third District Finds Subdivision Map Act’s Statute of Limitations Applies to Challenge Conditions on Proposed Development Fogarty v. City of Chico, ___Cal.App.4th___ C052576 (3rd Dist. March 12, 2007)
April 2007: Legislative update
March 2007: Fourth District Finds Contracts for Sale of Property Void, where Contracts Were Entered Into Prior to Recording of Parcel Maps Black Hills Investments, Inc. v. Albertson’s, Inc. 146 Cal.App.4th 883 (4th Dist. 2007)
February 2007: California Supreme Court Upholds Second District’s Reversal of Trial Court Order Requiring Newly Incorporated City to Approve Developer’s Final Map Application City of Goleta v. Superior Court of Santa Barbara County, ___Cal.4th___ S129125 (Cal. Dec. 21 2006)
February 2007: Attorney General Opines that City Council May Enter Into Agreements Authorized by Subdivision Map Act with Subdivider that Employs a City Council Member 06 Ops. Cal. Atty. Gen. 806 (December 5, 2006)
November 2006: First District Finds Moratorium-Related Tolling of Tentative Map Limited to Total of Five Years by Subdivision Map Act Ailanto Properties, Inc. v. City of Half Moon Bay 142 Cal.App.4th 572 (1st Dist. 2006)
June 2006: City of Santa Cruz under No Obligation to Provide a Private Open Space Credit against Quimby Act Park and Recreation Fees Assessed against Developer Branciforte Heights, LLC v. City of Santa Cruz, ___ Cal.App.4th ____ H028864 (6th Dist. April 19, 2006)
April 2006: Settling with Certainty—California Courts of Appeal Grapple with Challenges to the Settlement of Land Use Litigation
December 2005: California Attorney General Opines that Water Code Allows Agreements For Construction of Oversized Water Facilities 5 Ops.Cal.Atty.Gen 307 (Oct. 12, 2005)
December 2005: Second District Finds Ventura County’s Decision to Deny Subdivision Map Act Certificates of Compliance Supported by Substantial Evidence Fishback v. County of Ventura, ___Cal.App.4th___ B177462 (2nd. Dist. Oct. 26, 2005)
November 2005: Third District Finds Parcel Map Is Not Official Government Survey; Is Subject to Impeachment Fripp v. Walters 132 Cal.App.4th 656 (3rd Dist. 2005)
December 2004: Second District Court Finds Subdivision Map Act Permits City to Deny Development in Newly Incorporated City Where Vesting Tentative Map Submitted after Petition for Incorporation City of Goleta v. Superior Court (Santa Barbara) 122 Cal.App.4th 1182 (2nd Dist. 2004)
November 2004: First District Court Sets Forth Rules of Merger Pursuant to the Subdivision Map Act Moores, et al. v. Board of Supervisors of Mendocino County, ___Cal.App.4th___ A105446 (1st Dist. Sept. 24, 2004)
May 2004: Neighbor’s Challenge to County Excusing Developer from Completing Road Improvements Was Barred under the Subdivision Map Act’s Statute of Limitations Anthony v. Snyder 116 Cal.App.4th 643 (4th Dist. 2004).
February 2004: Processing of a Parcel Map 30 Years Earlier, to Subdivide and Sell Property to Adjoining Landowners, Did Not Create a Merger of Adjoining Landowners’ Parcels Van’t Rood v. County of Santa Clara ___Cal.App.4th___, Case No. Docket No.H023716 (6th Cir. Nov. 20, 2003).
July 2003: Attorney General Opines: Two Parcels Separated by 700 Feet Were Legally Created under the Subdivision Map Act when Irrigation District Condemned the Land between Them 01 Ops.Cal.Atty.Gen. 615 (May 15, 2003)
June 2003: Expiration of Approved Tentative Map Is Not Automatically Stayed During Pending Litigation Friends of Westhaven and Trinidad v. County of Humboldt 107 Cal.App.4th 878 (1st Dist. 2003).
May 2003: Statute of Limitations for Claims Involving Subdivisions Did Not Apply to Breach of Contract Claims Involving a Development Agreement The Legacy Group v. City of Wasco ___Cal.App.4th___, Case No. F038382 (5th Dist. March 13, 2003).
May 2003: In Subdivision Map Act Case, 90-Day Deadline to Serve Summons Is Inflexible Statute of Limitations Sprague v. County of San Diego 106 Cal.App.4th 119 (4th Dist. 2003).
April 2003: Supreme Court: Antiquated Subdivision Map, Alone, Insufficient to Create Legal Subdivision under Subdivision Map Act Gardner v. County of Sonoma, 29 Cal.4th 990 (2003).
December 2001: The Governor Approves Senate Bill 497 Expanding Application of the Subdivision Map Act to Lot-Line Adjustments
December 2001: First District Court of Appeal Answers Question Left Open by Supreme Court - Pre-1893 Map Recordation Alone Does Not Create a Legal Subdivision Gardner v. County of Sonoma ___Cal.App.4th___, Case No. A093139 (1st Dist. Oct. 11, 2001).
Surface Mining Relcamation Act
March 2007: Third District Court Finds County’s Determination of Vested Rights under SMARA Requires Notice and Public Hearing Calvert v. County of Yuba 145 Cal.App.4th 613; Dec. 5, 2006, modified Jan. 3, 2007 (3rd Dist. 2007)
January 2007: Third District Court Rules that Vested Rights Determination under SMARA Must Follow Procedural Due Process Requirements Calvert, et al., v. County of Yuba, ___Cal.App.4th___ C047857 (3rd Dist. Dec. 5, 2006)
June 2006: Third District Upholds Mining Reclamation Regulation as within State Mining and Geology Board’s Authority and Consistent with the Surface Mining Act Mineral Associations Coalition v. State Mining and Geology Board 138 Cal.App.4th 574 (3rd Dist. April 12, 2006)
October 2005: California Supreme Court Rules Director of Department of Conservation Has Standing to File Petition for Writ of Mandate under SMARA People ex rel. California Dept. of Conservation v. El Dorado County (Brunius) 36 Cal.4th 971 (Cal. 2005)
May 2005: Establishing Vested Rights for Surface Mining Operations
November 2004: Third District Court Upholds Reclamation Plan Approval Based on a Negative Declaration. El Dorado County Taxpayers for Quality Growth v. County of El Dorado CO44541, unpublished opinion (3rd Dist. Sept. 14, 2004)
July 2003: Director of the California Department of Conservation Lacked Standing to Petition for Writ of Mandate against Lead Agency California Department of Conservation v. El Dorado County ___Cal.App.4th___, Case No. C039428 (3rd Dist. May 9, 2003)
Takings
November 2002: In Eminent Domain Action, First District Court of Appeal Finds Evidence of Comparable Sales to Redevelopment Agency Not Admissible to Determine Valuation Emeryville Redevelopment v. Harcros Pigments, Inc. 101 Cal.App.4th 1083 (1st Dist. Aug. 9, 2002).
Tobacco Licensing Act of 2003
July 2010: Third District Finds No State Preemption of Ordinance Prohibiting Sale of Tobacco to Minors with Suspending or Revoking Retailer’s Local License as Teeth Prime Gas, Inc. v. City of Sacramento 184 Cal. App.4th 697 (3rd Dist. 2010)
Underground Storage Tank Cleanup Trust Fund Act of 1989
March 2005: Orange County District Attorney Settles Suit against Shell Oil for Contamination Flowing from Underground Storage Tanks People of California v. Shell Oil Co. 80-40-31 (Orange County Superior Court, Jan. 5, 2005)
Unfair Competition Law
March 2008: First District Court Holds Litigation Privilege Protects Communications Made by Project Proponent during CEQA Environmental Review Process People ex rel Gallegos v. Pacific Lumber Company et al., 158 Cal.App.4th 950 (1st Dist. 2008)
Urban Stream Restoration Program
January 2005: California Department of Water Resources Offers Nearly $4.6 million in Proposition 40 Grant Money for Urban Stream Restoration Grants
Urban Water Management Planning Act
March 2005: DWR Publishes Guidebook to Assist Water Suppliers in Preparing 2005 Urban Water Management Plans
Vehicle Code
May 2001: Local Agency Need Not Find Street is No Longer Necessary for Vehicle Traffic when Closing or Modifying a Street Entirely within Its Jurisdiction Save The Sunset Strip v. City of West Hollywood, ___Cal.App.4th___, (2nd Dist. March 20, 2001).
Vehicle Code Section 9400.8