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California Land Use Law & Policy Reporter

June 2024

Volume 33, Number 9 June 2024

FEATURE ARTICLE

Los Angeles County Superior Court Strikes Down SB 9, Finding the Bill’s Limitations on Single Family Zoning Unconstitutionally Violate Charter Cities’ ‘Home Rule’ by Bridget McDonald, Esq., Remy Moose Manley, LLP,

Sacramento283

REGULATORY DEVELOPMENTS

Department of Energy Issues Final Rule Coordinating Permitting for Energy Transmission Projects287

LAWSUITS FILED OR PENDING

U.S. Environmental Protection Agency and California Regional Water Board sue San Francisco over Discharges in the Bay289

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Rejects Appeal by Environmental Groups Challenging Federal Management Plan for Glen Canyon Dam291

Save the Colorado v. U.S. Department of the Interior, Unpub., Case No. 23-15247 (9th Cir. Apr. 24, 2024).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Third District Court Affirms Denial of Writ of Mandate Seeking Auditor-Controller to o Make Pass-Through Payments under Redevelopment

Statutes294

Cajon Valley Union School District et al. v. Drager et al. (City of El Cajon et al., Real Parties in Interest), ___Cal.App.5th___, Case No. C097429 (3rd Dist. Apr. 24, 2024).

Fourth District Court Affirms Dismissal of Challenge to Tentative Map and Design Review Approvals for Failure to Timely Serve Lawsuit296

Carey Smith v. City of Encinitas, Unpub., Case No. D081646 (4th Dist. May 6, 2024).

Third District Court Affirms Decision Denying Class Certification in Matter Alleging City’s Water Treatment Plant Failed to Maintain Proper Pipe Control Measures299

Malmquist, et al., v. City of Folsom, ___Cal.App.5th___, Case No. C099011 (3rd Dist. Apr. 17, 2024).

Second District Denies CEQA Challenge to City of Glendale’s Citywide Pedestrian Plan301

Protect Our Glendale v. City of Glendale, Unpub., Case No. B329274 (2nd Dist. May 1, 2024).

Third District Court Finds Trial Court Did Not Determine Whether Writ Remedied All Alleged CEQA Violations304

Save the Capitol, Save the Trees v. Department of General Services, ___Cal.App.5th___, Case No. D081646 (3rd Dist. Apr. 18, 2024).

First District Court Reverses Statute of Limitations Dismissal, Finds Homeowners Not Barred from Claim Seeking Interpretation of Access Condition306

Vesce et al. v. City of Lafayette, Unpub., Case No. A167725 (1st Dist. Apr. 25, 2024).

LEGISLATIVE UPDATE310