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California Land Use Law & Policy Reporter

May 2020

Volume 29, Number 8 May 2020

FEATURE ARTICLE

Highly-Anticipated Groundwater Sustainability Plans Emerge for California’s ‘Critically Overdrafted’ Groundwater Basins by Derek Hoffman, Esq. and Chris Carrillo, Esq., Gresham Savage Nolan & Tilden, PC, San Bernardino,

California211

LAND USE NEWS

Governor Newsom Takes Executive Action to Halt Evictions through Statewide Moratorium217

REGULATORY DEVELOPMENTS

U.S. Bureau of Reclamation Releases Klamath River Project Interim Plan, Which Provides Additional Water for Endangered Species219

California Department of Fish and Wildlife Issues Incidental Take Permit for Long-Term Operations of the State Water Project221

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Makes Clear that the Administrative ‘Finality’ Requirement under Williamson County for Federal Land Use Takings Claims Remains Intact223

Pakdel v City and County of San Francisco, 952 F.3d 1157 (9th Cir. 2020).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Fourth District Court Allows Petition for Writ of Mandate to Proceed in Matter Alleging Agency Misrepresentations to the Public226

Citizens for a Responsible Caltrans Decision v. California Department of Transportation, ___Cal.App.5th___, Case No. CO88409 (4th Dist. Mar. 24, 2020).

Fifth District Court Finds Ordinance Banning Cannabis Dispensaries Is Enforceable Despite Earlier Referendum228

County of Kern v. Alta Sierra Holistic Exchange Service, ___Cal.App.5th___, 259 Cal.Rptr.3d 563 (5th Dist. Mar. 6, 2020).

Third District Court Upholds EIR and Approvals for Master Planned Community Development Pro-

ject229

Environmental Council of Sacramento v. County of Sacramento, 45 Cal.App.5th 1020 (3rd Dist. 2020).

Second District Court Upholds Coastal Commission’s Certification of a Local Coastal Program for the Santa Monica Mountains232

Mountainlands Conservancy, LLC v. California Coastal Commission, ___Cal.App.5th___, Case No. B287079 (2nd Dist. Apr. 1, 2020).

Second District Court Affirms Invalidating City’s Approval and Mitigated Negative Declaration for Project in Environmentally Sensitive Area234

Save the Agoura Cornell v. City of Agoura Hills, ___Cal.App.5th___, Case Nos. B292246, B295112 (2nd Dist. Feb. 24, 2020, pub. Mar. 17, 2020).

LEGISLATIVE UPDATE237