FEATURE ARTICLE
129
LAND USE NEWS
Golden State Wind Secures Lease for Offshore Floating Wind Farm along California’s Central Coast133
REGULATORY DEVELOPMENTS
Biden Administration Finalizes Part 1 of New ‘Waters of the United States’ Rule135
LAWSUITS FILED OR PENDING
138
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
D.C. Circuit Vacates Hydroelectric Dam License over Deficiencies with the Clean Water Act Water Quality Certification140
Waterkeepers Chesapeake v. Federal Energy Regulatory Commission, 56 F.4th 45 (D.C. Cir. Dec. 20, 2022).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Second District Court Finds 90-Day Statute of Limitations for Development Approvals Bars Unwinding Approvals under the Political Reform
Act142
Aids Healthcare Foundation v. City of Los Angeles, ___Cal.App.5th___, Case No. B311114 (2nd Dist. Dec. 14, 2022).
First District Court Affirms Lack of Substantial Evidence to Support Fair Argument that a Gas Station Would Result in Urban Decay and Petroleum
Leaks144
Brentwood Auto Spa, Inc. v. City of Brentwood, Unpub., Case No. A163380 (1st Dist. Dec. 9, 2022).
Fifth District Court Upholds Ruling that Plaintiffs Were Unlikely to Establish that Zoom® Limitation on Number of Participants Was a Violation of the Brown Act146
Padilla v. City of McFarland, Unpub., Case No. F082320 (5th Dist. Dec. 9, 2022).
Second District Court Upholds Decision Granting City’s Anti-SLAPP Motion Striking Developer’s Breach of Contract Claims148
Redondo Beach Waterfront vs. City of Redondo Beach, Unpub., Case No. BC682833, (2nd Dist. Dec. 21, 2022).
Sixth District Court Holds City Did Not Violate CEQA or Planning and Zoning Law in Approving Bicycle Lane Public Works Project151
Save 30th Street Parking v. City of San Diego, Unpub., Case No. D079752 (6th Dist. Dec 23, 2022).
First District Court Upholds City’s Approval of Affordable Housing Project and Upholds Grant of $500,000 Bond under Code of Civil Procedure Section 529.2154
Save Livermore Downtown v. City of Livermore, Unpub., Case No. A164987 (1st Dist. Dec. 28, 2022).
Third District Court Holds State Capitol Project EIR Violated CEQA Because Design Changes Disclosed for the First Time in a FEIR and Insufficient Public Input156
Save Our Capitol! v. Department of General Services, ___Cal.App.5th___, Case Nos. C096617 and C096637 (3rd Dist. Initially filed December 6, 2022, filed January 18, 2023, after rehearing).
Superior Court:
Stanislaus County Superior Court Orders Water District to Vacate Approval of the Del Puerto Canyon Reservoir Project Pending Compliance with
CEQA159
Friant Water Supply Protection Association v. Del Puerto Water District, et al., Case No. CV-20-5164 (Stanislaus Super. Ct.); Sierra Club, et al. v. Del Puerto Water District, et al., Case No. CV-20-5193 (Stanislaus Super. Ct.).
