FEATURE ARTICLE
Fourth District Court Finds Streamlined Review Process under CEQA Guidelines Section 15183 Applied to Industrial Facility that Was Consistent with General Plan Update EIR by Bridget McDonald, Esq., Remy Moose Manley, LLP, Sacramento219
REGULATORY DEVELOPMENTS
U.S. Bureau of Reclamation Releases a Final Supplemental Environmental Impact Statement for the Near-Term Operation of the Lower Colorado River Watershed223
California Public Utilities Commission Establishes Its Senate Bill 884 Expedited Undergrounding Program for Power Lines224
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Vacates Judgment Finding Former Interior Secretary’s Order Lifting Coal Moratorium Moots NEPA Claim Because Current Secretary of State Revoked the Previous Order226
Citizens for Clean Energy v. U.S. Department of the Interior, Unpub., Case No. 22-35789 (9th Cir. Feb. 21, 2024).
Ninth Circuit Reverses Dismissal of Mobile Home Park’s Pre-Enforcement Challenge to Assembly Bill 978227
Peace Ranch, LLC v. Bonta, 93 F.4th 482 (9th Cir. 2024).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Second District Court Determines ‘Most’ Attached ADU Projects Are Not Subject to CDP Requirements under the Coastal Act or Local Coastal
Program230
Riddick, et al. v. City of Malibu, et al., ___Cal.5th___, Case No. No. B323731 (2nd Dist. Feb. 1, 2024, as modified Feb. 22, 2024).
Second District CourtFinds the Coastal Commission Had Jurisdiction and Did Not Abuse Its Discretion in Finding a Project Inconsistent with a Local Coastal Plan232
Shear Development Co., LLC v. California Coastal Commission, Unpub., Case No. B319895 (2nd Dist. Feb. 21, 2024).
Sixth District Court Upholds Decision to Dismiss CEQA Action For Failure to Timely File a Request for Hearing Pursuant to Public Resources Code Section 21167.4234
Steinbruner v. Soquel Creek Water District et al., Unpub., Case No. H050093 (6th Dist. Feb. 5, 2024).
Third District Court Finds City Complied with Its Cannabis Ordinance in Challenge over Selection
Process by Applicant235
TMG Placerville LLC v. City of Placerville, Unpub., Case No. C095605 (3rd Dist. Feb. 16, 2024).
LEGISLATIVE UPDATE237
