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California Land Use Law & Policy Reporter

July 2024

Volume 33, Number 19 July 2024

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