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

California Land Use Law & Policy Reporter

May 2019

Volume 28, Number 8 May 2019


Congestion Pricing May Change the Way the United States Thinks about Land Use Planning for Transportation Impacts219

Proposed Water Tax and Legislative Funding Proposals for Water Projects Compete for Support in Uphill Climb for Approval221

California’s Metropolitan Water District to Supply Water Instead of the Imperial Irrigation District to Finish the Colorado River Drought Plan222


U.S. Supreme Court:

U.S. Supreme Court Addresses Federally Reserved Water Rights, National Alaska Lands Act and Scope of the Park Service’s Authority over Alaska’s Nation River225

Sturgeon v. Frost, et al., ___U.S.___, 139 S. Ct. 1066 (U.S. Mar 26, 2019).

Circuit Court of Appeals:

Ninth Circuit Upholds City of Santa Monica’s Strict Homesharing Rules against Challenge by Transient Online Housing Organizations227, Inc. v. City of Santa Monica, ____F.3d____, Case Nos. 18-55367, 18-55805, 18-55806 (9th Cir. Mar. 13, 2019).

D.C. Circuit Addresses Environmental Impacts Analysis under NEPA of Modern Construction on Historical Properties229

National Parks Conservation Association v. Semonite, 916 F.3d 1075 (D.C. Cir. 2019).

Ninth Circuit Upholds Environmental Analyses for Forest Service’s Travel Management Plans for Ranger Districts in the Kaibab National For-


WildEarth Guardians, et al. v. Provencio, 918 F.3d 620 (9th Cir. 2019).


District Court of Appeal:

Second District Court Rejects Challenge to City’s Modification of Site-Specific Conditions on the Grounds of Collateral Estoppel234

1100 Wilshire Property Owners Association v. City of Los Angeles, Unpub., Case No. B286266 (2nd Dist. Mar. 5, 2019).

Second District Court Holds Claim Time Barred under Planning and Zoning Law Despite Planning Commission’s Failure to Make Decision236

1305 Ingraham, LLC. v. City of Los Angeles, ___Cal.App.5th___, Case No. B287327 (2nd Dist. Mar. 12, 2019).

Fourth District Court Finds Fire Protection District’s Resolution to Apply to LAFCO for Dissolution Not Subject to Referendum Process237

Southcott v. Julian-Cuyamaca Fire Protection District, ___Cal.App.5th___, Case No. D074324 (4th Dist. Mar. 7, 2019).

Sixth District Court Refuses to Broaden Tomlinson Notice Requirements for Projects that Are Categorically Exempt from CEQA239

Turn Down The Lights v. City of Monterey, Unpub., Case Nos. H044656 & H045556 (6th Dist. Feb. 28, 2019).