FEATURE ARTICLE
Oklahoma v. Castro-Huerta: U.S Supreme Court’s Recent Expansive Interpretation of States’ Rights to Apply their Laws on Indian Reservations
285
LAWSUITS FILED OR PENDING
Trial Court Grants Preliminary Injunction, Pursuant to CEQA, Related to Delta Conveyance Project Geotechnical Activities292
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Holds Forest Service Cannot Combine NEPA Categorical Exclusions295
Friends of the Inyo v. United States Forest Service, 103 F.4th 545 (9th Cir. 2024).
First Circuit Affirms Dismissal of Marine Mammal Protection Act Challenge to Massachusetts Offshore Wind Project297
Melone v. Coit, 100 F.4th 21 (1st Cir. 2024).
RECENT CALIFORNIA DECISIONS
California Supreme Court:
California Supreme Court Upholds AB 1307’s CEQA Amendment—Ruling that UC Berkeley’s LRDP Program EIR Need Not Consider Impacts of ‘Social Noise’299
Make UC a Good Neighbor v. The Regents of the University of California, ___Cal.5th___, 321 Cal.Rptr.3d 409, Case No S279242 (Cal.2024).
District Court of Appeal:
Second District Court Affirms Dismissal of Declaratory Relief Action to Determine Timing of Construction while Construction Permit Proceedings Are
Pending302
Casa Blanca Beach Estates Owners’ Association v. County of Santa Barbara, Unpub., Case No. B314102 (2nd Dist. May 30, 2024).
Second District Court Finds Abuse of Discretion in Orders to Strike Portions of Writ Requiring County NEPA Compliance and with Specific Instructions for CEQA Compliance304
Duca v. County of Santa Barbara, Unpub., Case No. 2D CIV. B325999 (2nd Dist. May. 15, 2024).
Second District Court Rejects Challenge to Project Approved under Transit-Oriented Communities Guidelines for Failing to Comply with Government Code Section 65009’s Statue of Limitations307
Fix the City v. City of Los Angeles, Unpub., Case No. B321899 (2nd Dist. May 22, 2024).
Second District Court Affirms Dismissal of Challenge to Historic Preservation Determination of Home Due to Statute of Limitations309
Haselhoff v. City of Santa Monica, Unpub., Case No. B322168 (2nd Dist. May 7, 2024).
First District Court Affirms Denial of CEQA Challenge against Prospective Purchaser Agreement—Finds the Agreement Was Not a Project311
Mothers Against Toxic Housing v. California Department of Toxic Substances Control, Unpub., Case No. A166861 (1st Dist. May. 16, 2024).
Fourth District Court Overturns, on Ripeness Grounds, Judgment that Historic Designation Constitutes a Regulatory Taking314
Young v. City of Coronado, Unpub., Case No. D081111 (4th Dist. May. 9, 2024).
LEGISLATIVE UPDATE316