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Fish & Game Commission Ordered To Consider Salamander Protection
The California Fish and Game Commission must consider listing the California tiger salamander on the state endangered species list, the Third District Court of Appeal has ruled. The court determined that the Commission should have accepted a petition filed by the Center for Biological Diversity (CBD) and considered adding the salamander to the list of species protected by the California Endangered Species Act (CESA). "The Commission acted outside the range of its discretion i

CP&DR Staff
Oct 30, 2008
Cal Supremes Accept CEQA Case, Order Prop. 218 Suit Rehearing
The California Supreme Court has accepted yet another California Environmental Quality Act (CEQA) case for review, this one involving the question of whether denial of a conditional use permit extension is subject to CEQA. In an unrelated matter, the court has dismissed a Proposition 218 case regarding assessments for a business improvement district.

CP&DR Staff
Oct 28, 2008
Large Southern California Infill Projects Advance
A quarry in San Diego and a closed garbage dump in the Los Angeles suburb of Carson provide the locations of huge urban infill projects. The San Diego project recently won City Council approval, while work has begun on the Carson development.

CP&DR Staff
Oct 28, 2008
Court Defines 'Physical Taking' To Include Water For Rare Fish
In a decision with enormous potential ramifications for environmental regulation, a federal appellate court has ruled that a Bureau of Reclamation mandate requiring a Ventura County water district ensure adequate river flow for an endangered fish species was a physical appropriation of the water. The court ruled that the Casitas Municipal Water District's claims should be considered under the physical takings doctrine, not under the much narrower regulatory takings standard.

CP&DR Staff
Oct 27, 2008
Rancho Palos Verdes Moratorium Deemed A Taking
The City of Rancho Palos Verdes' 30-year moratorium on new home construction in an area the city says is prone to landslides is an unconstitutional taking of private property, the Second District Court of Appeal has ruled. The decision marks a rare takings victory for property owners in state court.

CP&DR Staff
Oct 27, 2008
LAO Water Recommendations Touch Sensitive Areas
State lawmakers need to decide what to do with the Bay Delta, "and soon," the Legislative Analyst's Office urges in a new report. The lengthy document released in late-October is mostly an overview of the state's water system, but the report concludes with several potentially controversial recommendations.

CP&DR Staff
Oct 24, 2008
Court Says Grading Needed Local Permit Despite State Approval, Federal Funding
A Riverside County property owner needed to get a county grading permit to repair a seasonal stream's spillway, even though the state Department of Fish and Game had apparently approved the project and the Federal Emergency Management Agency had funded it. So ruled the Fourth District Court of Appeal, Division Two, in 2 1/2-year-old litigation over a $500 fine.

CP&DR Staff
Oct 24, 2008
SB 375: It's An Incremental Change, Not A Revolution
Supporters and opponents alike are touting SB 375 as the most significant land use reform bill in recent California history. When he signed it in September, Gov. Schwarzenegger called it the biggest bill since the California Environmental Quality Act 38 as approved years ago. Meanwhile, the hilariously over-the-top Orange County Register has called the bill "one of the most authoritarian, far-reaching and elitist bills that has ever made it to the governor's desk." In fact, i

CP&DR Staff
Oct 24, 2008
Council Resolution Doesn't Affect Property Rights, Court Rules
A property owner's challenge of a Sierra Madre City Council resolution directing a committee to consider stricter regulation of hillside development has been thrown out by the Second District Court of Appeal. The unanimous three-judge appellate panel upheld a trial court judge who had ruled that the situation was not "ripe" for judicial review. Although the resolution might lead to less potential development, the resolution itself had no binding implications for the property

CP&DR Staff
Oct 23, 2008
In Brief: Stockton Settles General Plan Lawsuit
In this month's roundup of land use news: Stockton agrees to numerous climate change considerations; Merced County approves a 16,000-unit specific plan; the California Planning Roundtable reconsiders jobs-housing balance; downtown L.A. courthouse costs skyrocket.

CP&DR Staff
Oct 6, 2008
Antelope Valley Water Shortage Slows Growth, Raises Questions
In combination with the housing market crash, a water shortage has brought construction nearly to a halt in the Antelope Valley. Even if the market were to bounce back in the next year or two, it's unclear that water providers could serve a substantial number of new homes and businesses.

CP&DR Staff
Oct 6, 2008
Voters Confront Land Use Measures
Construction activity may have declined dramatically, but the number of ballot measures seeking to slow or guide growth remains high. Voters across California will face close to 50 growth-related local ballot measures in November. It's not unusual for the number of slow-growth measures to increase at the end of a real estate boom. Construction often continues and the real estate market dies, and slow-growth measures are often a reaction to construction rather than the market.

CP&DR Staff
Oct 6, 2008
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