July 2012 | California Land Use & Development Law Report

The Ninth Circuit Interprets “Agency Action” under the Endangered Species Act – Again

By Marc Bruner on July 25th, 2012 Posted in Endangered Species, Environmental Regulation

On July 17, 2012, a three-judge panel of the Ninth Circuit ruled in Natural Resources Defense Council v. Salazar that the U.S. Bureau of Reclamation’s renewal of water delivery contracts with senior priority water rights holders was not “agency action” under section 7 of the Endangered Species Act. The panel held that because the Bureau… Continue Reading

CBIA Heads Off Level III Fees

By Geoffrey Robinson on July 20th, 2012 Posted in Exactions and Assessments

Level II school fees are intended to fund approximately 50% of the cost of school facilities. The other 50% is funded by the state through the Leroy-Greene School Facilities Act of 1998, commonly known as SB-50. But what happens when the state runs out of money, as will soon happen? SB-50 provides that if state… Continue Reading

Charter Cities Are Exempt from Prevailing Wage Laws

By Geoffrey Robinson on July 14th, 2012 Posted in Planning and Zoning

Laws of charter cities trump state law when it comes to “municipal affairs;” but state law is supreme as to matters of “statewide concern.” So is payment of prevailing wage for public works a municipal affair or a matter of statewide concern? The former, according to the California Supreme Court in State Building and Construction… Continue Reading