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California Land Use Law & Policy Reporter

March 2025

Volume 34, Number 6 March 2025

LAND USE NEWS

Executive Orders by Governor Newsom Expedite Rebuilding Efforts

Following California Wildfires by Relaxing CEQA and Coastal Act

Requirements143

City of Berkeley Offers Amnesty for Illegal Accessory Dwelling Units144

REGULATORY DEVELOPMENTS

U.S. Bureau of Reclamation Issues Final Decision Regarding Long-Term Operation of the Central Valley Project and State Water Project146

California’s Delta Stewardship Council Releases Draft Climate Adaptation Plan for the Delta147

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Federal Circuit Rejects Water Contractors’ Takings Claims150

City of Fresno v. United States, 124 F.4th 876 (Fed. Cir. 2024).

Ninth Circuit Rules Costa Mesa City Ordinance Was Not Unlawfully Discriminatory151

The Ohio House, LLC v. City of Costa Mesa, et al., ___F.4th__, Case No. 22-56181 (9th Cir. 2024).

RECENT CALIFORNIA DECISIONS

California Supreme Court:

California Supreme Court Addresses When the Conveyance of Land Actually Amounts to a Subdivision154

Cox v. City of Oakland, ___Cal.5th___, Case No. S280234 (Cal. Jan. 23, 2025).

District Court of Appeal:

Fifth District Court Upholds Water District’s EIR Pursuant to CEQA for Proposed Reservoir Along the Delta-Mendota Canal155

Friant Water Supply Protection Association v. Del Puerto Water District, Unpub., Case No. F085535 (5th Dist. Jan 30, 2025).

Reaffirming Taxpayer Protections: Fourth District Court finds Water District’s Rate Structure Ran Afoul of the California Constitution158

Howard Jarvis Taxpayers Association v. Coachella Valley Water District, ___Cal.App.5th___, Case No. E080870 (4th Dist. Jan. 31, 2025).

First District Court Denies Attorney’s Fees Motion for Cross-Claim Challenging UC Berkeley’s Proposed Volleyball Facility Project160

Phillip Bokovoy v. Regents of the University of California, Unpub., Case No. A168346 (1st Dist. Feb. 3, 2025).

LEGISLATIVE UPDATE163