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California Land Use Law & Policy Reporter

January 2024

Volume 33, Number 4 January 2024

FEATURE ARTICLE

California Environmental Quality Act’s Wildfire Impact Analysis Requirements by Tina Wallis, Esq., Wallis Law, Santa Rosa, California125

LAND USE NEWS

New MOU for the Columbia River Basin Salmon Recovery Efforts—Proposes to Stay Long-Term Litigation until 2028130

Argent Communications Group’s Ninth Annual California Land Use Law, Policy, and Planning Conference Slated for February 2024132

REGULATORY DEVELOPMENTS

California Public Utilities Commission Extends Diablo Canyon Nuclear Power Plant Operations until 2030134

LAWSUITS FILED OR PENDING

January 2023 Floods Blamed on Permitting Delays by the California Department of Fish and Wildlife—Lawsuits Filed137

Sacramento County Sues City of Sacramento for Public Nuisance and Water Pollution Associated with Unhoused Encampments138

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Rejects Clean Water Act’s Direct-Discharge Theory as Applied to Holding Ponds140

Cottonwood Environmental Law Center v. Edwards, ___F.4th___, Case No. 22-36015 (9th Cir. Nov. 21, 2023).

Ninth Circuit Affirms Requirement for Dredge Miner to Obtain a Clean Water Act NPDES

Permit141

Idaho Conservation League v. Shannon Poe, ___F.4th___, Case No. 22-35978 (9th Cir. Nov, 20, 2023).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Fourth District Court Affirms Denial of Writ Petition for Construction Obstructing Coastal Views143

Beach Sandpit, LLC v. California Coastal Commission, Unpub., Case Nos. G061578 & G061738 (4th Dist. Nov. 21, 2023).

Second District Court Finds Wildlife Mitigation Corridor Ordinance Does Not Violate Surface Mining Reclamation Act or CEQA146

California Construction and Industrial Materials Association v. County of Ventura, 97 Cal.App.5th 1 (2nd Dist. 2023).

Fourth District Court Reverses Grant of Writ Petition Challenging Project Based on an Incorrect Reading of Remand Order148

Friends of Big Bear Valley v. County of San Bernardino, Unpub., Case No. E077602 (4th Dist. Nov. 1, 2023).

Sixth District Court Upholds Decision Rejecting CEQA Challenge to University of California Expansion Project150

Habitat and Watershed Caretakers v. The Regents of the University of California, Unpub., Case No. H050745 (6th Dist. Dec. 11, 2023).