FEATURE ARTICLE
Fourth District Court of Appeal Finds Program EIR for City Community Plan Update Failed to Analyze Environmental Impacts Associated with Height Limitations Ballot Measure by Bridget McDonald, Esq., Remy Moose Manley, LLP, Sacramento333
LEGISLATIVE DEVELOPMENTS
U.S. Senate Bill Aims to Repurpose Irrigated Farmlands in Western States to Reduce Water Consumption and Prepare for Droughts337
Governor Newsom Signs Senate Bill 147 Into Law Which Allows DFW to Issue ‘Take’ Permits for Otherwise Fully Protected Species in Connection with Renewable Energy and Infrastructure Projects339
REGULATORY DEVELOPMENTS
Council on Environmental Quality’s Proposed Phase 2 Regulations Modifying the National Environmental Policy Act Are Open for Comment341
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
D.C. Circuit Upholds Expansion of Cascade-Siskiyou National Monument and Resource Management Plans Despite Reduction in Timber Produc-
tion344
American Forest Resource Council v. United States of America, ___F.4th___, Case No. 20-20-5008 (D.C. Cir. July 18, 2023).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
First District Court Reverses Decision that an Agreement Limiting Fees for Project Oversight Prevents Later Enacted Impact Fee347
Discovery Builders, Inc. v. City of Oakland, ___Cal.App.5th___, Case No. A164315 (1st Dist. June 22, 2023).
First District Court Finds Failure to Adopt Legally Compliant Land Use Designation Did Not Preclude Town from Denying Housing Project for Unrelated Reasons349
Lafayette Bollinger Development LLC v. Town of Moraga, 93 Cal.App.5th 752 (1st Dist. 2023).
Fourth District Court Finds Prior Program EIR Sufficed for New Residential Development in a Parking Lot of a Mixed-Use Commercial Center352
Olen Properties Corp v. City of Newport Beach, ___Cal.App.5th___, Case No. G061427 (4th Dist. June 8, 2023).
Fifth District Court Holds Informational Harm to the Public Interest Must be Considered When Evaluating CEQA Injunction Relief355
Tulare Lake Canal Co. v. Stratford Public Utility District, 92 Cal.App.5th 380 (5th Dist. 2023).
Second District Court Finds City Failed to Consider Housing Element Policies of Its General Plan for Class 32 CEQA Exemption for Hotel Project357
United Neighborhoods for Los Angeles v. City of Los Angeles, 93 Cal.App.5th 1074 (2nd Dist. 2023).
