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California Land Use Law & Policy Reporter

March 2024

Volume 33, Number 6 March 2024

FEATURE ARTICLE

Third District Court of Appeal Finds California Department of Water Resources Did Not Violate CEQA In Approving Amendments to State Water Project Contracts by Bridget McDonald, Esq., with Adam Nir, Remy Moose Manley, LLP, Sacramento185

LAND USE NEWS

Governor Gavin Newsom’s Office Releases Comprehensive Salmon Strategy for California190

REGULATORY DEVELOPMENTS

California Energy Commission Releases Draft Offshore Wind Plan that Details Port Infrastructure Needs193

LAWSUITS FILED OR PENDING

Multiple Lawsuits Filed Challenging California Department of Water

Resources’ Environmental Impact Report for the Delta Conveyance

Project195

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Court Affirms Dismissal of Clean Water Act and Endangered Species Act Claims197

Kelly v. City of Poway, Unpub., Case No. 22-55920 (9th Cir. Dec. 19, 2023).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

First District Court Upholds a California Public Utilities Commission Decision Establishing New Tariff Rates for Renewable Energy Systems199

Center for Biological Diversity, et al., v. Public Utilities Commission, ___Cal.App.5th___, Case No. A167721 (1st Dist. Dec. 20,2023, modified Dec. 21, 2023, as modified Jan. 16, 2024).

Second District Court Reverses Trial Court—Finds CEQA Petition Barred By 30-Day Statute of Limitations201

Delia Guerrero v. City of Los Angeles, 98 Cal.App.5th 1087 (2nd Dist. 2024).

Sixth District Court Reverses Judgment Allowing an Unpermitted Gate and Fence Blocking Public Access to a Private Coastal Road243

Fowler Packing Company v. California Coastal Commission, ___Cal.App.5th___, Case No. H050600 (6th Dist. Jan. 31, 2024).

Fourth District Court Finds Trial Court Has Significant Discretion to Fashion Remedies for CEQA Violations in Case Upholding Overturning Supplemental

EIR207

Natural Resources Defense Council, et al., v. City of Los Angeles, et al., ___Cal.App.5th___, Case No. D080902 (4th Dist. Dec. 29,2023).

Fourth District Court Affirms Denial of Writ Petition Challenging City Denial of Permit for Reconstruction of Dwelling in Excess of City’s Floor to Area

Ratio209

Scurlock v. City of Coronado, Unpub., Case No. D081136 (4th Dist. Jan. 31, 2024).

LEGISLATIVE UPDATE212