LAND USE NEWS
California Tribal Consultation Guidelines to Be Updated31
Marin County Housing Dispute Highlights Growing Tensions Over California’s Housing Mandates32
LEGISLATIVE DEVELOPMENTS
California Enacts SB 79 to Mandate Higher-Density Housing Near
Transit34
REGULATORY DEVELOPMENTS
California Department of Fish and Wildlife Releases Second Comprehensive Revision to State Wildlife Action Plan37
Dispute Between City and Developer Highlights Tensions Between SGMA and State Housing Policy39
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Clarifies the Clean Water Act’s Irrigated Flows Exemp-
tion41
Pacific Coast Federation of Fishermen’s Associations, Inc. v. Nickels, 150 F.4th 1260 (9th Cir. 2025).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Second District Court Affirms State’s Authority to Override Zoning in SB 9 Challenge43
City of Rancho Palos Verdes v. State, ___Cal.App.5th___, Case No. B332315 (2nd Dist. Sept. 4, 2025).
First District Court Rejects Latest Attack on Affordable Housing Development Affirming that Referendum Powers Do Not Apply to Administrative Action45
Move Eden Housing v. City of Livermore, ___Cal.App.5th___, Case No. A171937 (1st Dist. Oct. 7, 2025).
Second District Court Strikes Down City’s Housing Element for Relying On Permissive Zoning Overlays and Site Burdened by Lease, Despite HCD’s
Approval47
New Commune DTLA LLC v. City of Redondo Beach, ___Cal.App.5th___, Case No. B336042 (2nd Dist. Oct. 10, 2025).
Fourth District Court Reinforces State Oversight of Local Housing Plans in Landmark Decision49
The Kennedy Commission v. Superior Court of San Diego County, ___Cal.App.5th___, Case No. D085237 (4th Dist. Sept. 11, 2025).
LEGISLATIVE UPDATE52
