In an unpublished decision, McMillan v. County of Siskiyou (Nov. 27, 2012) 2012 Cal. App. Unpub. LEXIS 8596, the Third District Court of Appeal on rehearing reversed its initial opinion and required the County of Siskiyou to hold a public adjudicatory proceeding to determine whether Butte Creek Minerals (BCM) has a vested right to continue…

In Surfrider Foundation v. California Regional Water Quality Control Board (Nov. 30, 2012) 2012 Cal. App. LEXIS 1223, the Fourth District Court of Appeal upheld the trial court’s denial of a petition for writ of mandamus challenging the California Regional Water Quality Control Board’s (Board) issuance of a National Pollutant Discharge Elimination System (NPDES) permit…

In Habitat and Watershed Caretakers v. City of Santa Cruz (2012) Cal.App. LEXIS 1213, the Sixth District Court of Appeal reversed a trial court decision and ordered that certification of an environmental impact report (EIR) prepared by the City of Santa Cruz be vacated pending the City’s correction of defects in the identification of project…

In Stockton Citizens for Sensible Planning v. City of Stockton (2012) 2012 Cal.App. LEXIS 1175, the appellate court affirmed a trial court decision dismissing petitioner’s lawsuit seeking a writ of mandate to compel the City of Stockton to vacate its approval of a Wal-Mart supercenter based on alleged violations of planning and zoning laws. The…

On remand from the California Supreme Court, the First District Court of Appeal again considered the case of Tomlinson v. County of Alameda (Case No. A125471) in light of the Supreme Court’s holding (54 Cal.4th 281) that the exhaustion of administrative remedies provision as set forth in Public Resources Code section 21177, subdivision (e), applies…

In Klamath-Siskiyou Wildlands Center v. Graham (2012) 2012 U.S. Dist. LEXIS 141142, the court considered a challenge to the United States Forest Service’s (Service) adoption of the record of decision (ROD) approving the Klamath National Forest Motorized Travel Management Environmental Impact Statement (EIS).

In 2005, the Service adopted a final rule governing management of motor…

In Siskiyou County Water Users Association v. Natural Resources Agency (2012) 2012 Cal. App. Unpub. LEXIS 7073, the Siskiyou County Water Users Association (Association) challenged a pair of compromise agreements made between stakeholders regarding the potential removal of hydroelectric dams to help restore fisheries on the Klamath River (Agreements), alleging the Agreements constituted a “project”…

On November 6, 2012, the Merced County Board of Supervisors unanimously approved the Quinto Solar Photovoltaic Project, certified the Environmental Impact Report for the Project and approved a Solar Benefits Agreement between the applicant and the County. The Project will generate 110-megawatts of new solar power utilizing approximately 320,000 monocrystalline silicon solar panels mounted to…

In Lucille Saunders v. City of Los Angeles (2012) 2012 Cal. App. Unpub. LEXIS 6965, Lucille Saunders (Saunders) and Fix the City sought writs of mandate to require the City of Los Angeles (City) to comply with its general plan, its municipal code, applicable Government Codes, and the California Environmental Quality Act (CEQA).  The Second…