LAND USE NEWS
Data Center Moratoria Progress Across the Nation and Become Political Fodder for Midterm Campaigns259
LEGISLATIVE DEVELOPMENTS
Senate Bill 79, the Abundant and Affordable Homes Near Transit Act: A View Two Months In261
LAWSUITS FILED OR PENDING
California Attorney General Sues Five Cities for Failing to Comply with State Housing Element Law263
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Scoping Does Not Equal Waiver: Ninth Circuit Revives HFRA Chal-lenge266
Alliance for the Wild Rockies v. Higgins, ___F.4th___, Case No. 24-1500 (9th Cir. July 16, 2026).
Ninth Circuit Affirms Endangered Species Act Applies to U.S. Bureau of Reclamation’s Operation of the Klamath Project268
Yurok Tribe v. U.S. Bureau of Reclamation, 179 F.4th 663 (9th Cir. 2026).
District Court:
District Court Denies Preliminary Injunction Over Shasta Dam Operations, Upholding U.S. Bureau of Reclamation’s Water Plan270
San Francisco Baykeeper v. U.S. Bureau of Reclamation, ___F.Supp.4th___, Case No. 2:26-cv-00671-JLT-EPG (E.D. Cal. Aug. 3, 2026).
RECENT CALIFORNIA DECISIONS
California Supreme Court:
Use, Not Risk—California Supreme Court Clarifies CEQA’s Class 1 Exemption272
Sunflower Alliance v. Department of Conservation et al., Reabold California, LLC, Real Party in Interest and Appellant, 105 Cal.App.5th (Cal. 2026).
District Court of Appeal:
Builder’s Remedy Meets Its Match in the Coastal Act—Second District Court Addresses How the Builder’s Remedy Interacts with Coastal Regula-
tion273
New Commune DTLA LLC v. City of Redondo Beach, ___Cal.App.5th___, Case No. B337897 (2nd Dist. July 30, 2026).
Second District Court finds County “Declined to Act” under the Coastal Act Giving the Coastal Commission Independent Enforcement Jurisdiction275
Sable Offshore Corp., et al., v. California Coastal Commission, ___Cal.App.5th___, Case No. B347601 (2nd Dist. June 17,2026).
Fourth District Court Holds that an Agreement Not Directly Resulting in a Change to the Environment Is Exempt from CEQA277
The Protect Our Communities Foundation v. City of San Diego, 121 Cal.App.5th 449 (4th Dist. 2026).
LEGISLATIVE UPDATE279
