Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

California Land Use Law & Policy Reporter

October 2026

Volume 36, Number 1 October 2026

LEGISLATIVE DEVELOPMENTS

California Reworks Affordable Housing Finance through AB 1793

REGULATORY DEVELOPMENTS

U.S. Bureau of Reclamation Releases NEPA Final EIS Detailing Operational Guidelines and Strategies for Lake Powell and Lake Mead5

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

U.S. Bureau of Reclamation Not Required to Conduct NEPA Review or ESA Consultation When Converting Water Service Contracts under WIIN

Act7

Center for Biological Diversity v. United States Bureau of Reclamation,
___F.4th___, Case No. 25-5137 (9th Cir. Aug. 17, 2026).

RECENT CALIFORNIA DECISIONS

California Supreme Court:

California Supreme Court Clarifies Independent Judgment Standard of Review Applies to City Condemnation of Private Utilities10

Town of Apple Valley v. Apple Valley Ranchos Water, ___Cal.5th___, Case No. S289391 (Cal. Aug. 24, 2026).

District Court of Appeal:

Fourth District Court Requires Deeper CEQA Review of Water Supply

and Salton Sea Air Impacts for Imperial County Lithium Project12

Comite Civico del Valle v. County of Imperial, ___Cal.App.5th___, Case No. D085747 (4th Dist. Aug. 11, 2026).

First District Court Strikes Down San Francisco’s “Empty Homes

Tax”14

Debbane v. City and County of San Francisco, ___Cal.App.5th___, Case No. A172067 (1st Dist. Sept.11, 2026).

Third District Court Limits Scope of Regulatory Fees under SGMA to Owners and Operators of

Groundwater Wells16

Garst v. Tehama County Flood Control and Water Conservation District, 121 Cal.App.5th 507 (3rd Dist. 2026).

Fourth District Court finds Wholesale Changes to Local Historic Resource Inventory Require

Substantive CEQA Review18

Laguna Beach Historic Preservation Coalition v. City of Laguna Beach, ___Cal.App.5th___, Case No. G065723 (4th Dist. Aug. 31, 2026).

First District Court finds County Which Invoked the Public Trust Doctrine for Well Permitting Ordinance Amendments Failed to Analyze the Ordinance under CEQA19

Russian Riverkeeper v. County of Sonoma, 122 Cal.App.5th 382 (1st Dist. 2026).

Sixth District Court Rules that Lot Line Adjustments with Dedications Are Not Ministerial21

Steer v. Town of Los Gatos, Unpub., Case No. H053166 (6th Dist. Sept. 3, 2026).

LEGISLATIVE UPDATE23