California Land Use Law & Policy Reporter

FEATURE ARTICLE

California Court of Appeal Finds a Program EIR for the California

Department of Food and Agriculture’s Statewide Pest Prevention Program Violated CEQA by Bridget McDonald, Esq., Remy Moose Manley, LLP,

Sacramento65

LAND USE NEWS

State of Drought Emergency Extended to all 58 Counties in California as Lack of Precipitation Persists and Conservation Efforts Fall Flat of Goals69

Fort Bragg Launches New Desalination System as Drought Response with Help from the State Water Resources Control Board70

REGULATORY DEVELOPMENTS

California Proposes Setback Requirement for New Oil and Gas Wells—How Does it Measure Up?72

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Upholds District Court’s Refusal to Grant Injunction for

Takings Claims Arising from State Regulation of Automobile Business Soft-

ware75

CDK Global LLC v. Brnovich, ___F.4th___, Case No. 20-16469 (9th Cir. Oct. 25, 2021).

D.C. Circuit Finds Agency’s Expressed Intention to Readopt Regulations Following Withdrawal Is Not Sufficient to Avoid Mooting of Lawsuit77

State of Alaska v. U.S. Department of Agriculture, ___F.4th___, Case No. 17-5260 (D.C. Cir. Nov. 16, 2021).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Sixth District Court Finds Oil and Gas Ordinances Preempted under State Law80

Chevron U.S.A., Inc. v. County of Monterey, ___Cal.App.5th___, Case No. H045791 (6th Dist. Oct. 12, 2021).

Third District Court Finds Public Resources Code 21168.9 Does Not Authorize Trial Court to Split Environmental Review Across EIR and MND under CEQA81

Farmland Protection Alliance v. County of Yolo, ___Cal.App.5th___, Case No. C087688 (3rd Dist. Nov. 3, 2021).

Fourth District Court Mostly Upholds Denial of CEQA Claims Regarding City’s Utility Line Undergrounding Projects84

McCann v. City of San Diego, ___Cal.App.5th___, Case No. D077568, (4th Dist. Oct. 8, 2021).

First District Court Finds Developers Were Not ‘Indispensable’ Parties to CEQA Lawsuit—Rejects Motion to Dismiss87

Save Berkeley’s Neighborhoods v. Regents of the University of California, ___Cal.App.5th___, Case No. A160560(1st Dist. Oct. 21, 2021).

Fourth District Court Affirms Exhaustion of Administrative Remedies Required When a City’s Interpretation of Its Own Ordinance Is Plainly Wrong90

Tze v. City of Palo Alto, ___Cal.App.5th___, Case No. G060401 (4th Dist. Oct. 20, 2021).

2021 YEAR-END LAND USE LEGISLATIVE WRAP UP93