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California Land Use Law & Policy Reporter

July 2020

Volume 29, Number 10 July 2020

FEATURE ARTICLE

275

REGULATORY DEVELOPMENTS

Judicial Council Amends Emergency Rule Tolling Statutes of Limitations as They Relate to CEQA Actions284

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Requires U.S. Forest Service to Prepare EIS After It Finds Environmental Assessment for Restoration Project Severely Lacking286

Bark v. United States Forest Service, 958 F.3d 865 (9th Cir. 2020).

Ninth Circuit Finds Rules Governing Breach of Contract Claims Governed Developer’s Lawsuit Alleging Breach of Development Agreement288

Oakland Bulk & Oversized Terminal, LLC v. City of Oakland, 960 F.3d 603 (9th Cir. 2020).

Ninth Circuit Finds Grazing Authorizations Consistent with Forest Plan Pursuant to the National Forest Management Act290

Oregon Natural Desert Association v. United States Forest Service, 957 F.3d 1024 (9th Cir. 2020).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Third District Court Offers Its Solution to Redevelopment Area Tax Increment Payment Calculations After the Dissolution of Redevelopment

Agencies292

City of Chula Vista v. Sandoval, ___Cal.App.5th___, Case No. C080711 (3rd Dist. May 27, 2020).

First District Court Finds Costa-Hawkins Does Not Exempt Individually Rented Rooms in the Same Single-Family Home from Local Rent Control294

Owens v. City of Oakland Housing, Residential Rent and Relocation Board, ___Cal.App.5th___, Case No. A157663 (1st Dist. May 29, 2020).

Sixth District Court Finds Seeking Streambed Alteration Agreement from Department of Fish and Wildlife Is Not a ‘Further Discretionary Ap-

proval’296

Willow Glen Trestle Conservancy v. City of San Jose, ___Cal.App.5th___, Case No. H047068 (6th Dist. May 18, 2020).

Superior Court:

Superior Court Issues Order Denying Writ Challenge to Cupertino Housing Project Approved under SB

35297

Friends of Better Cupertino v. City of Cupertino, Case No. 18CV330190 (Santa Clara Super. Ct., May 6, 2020).

LEGISLATIVE UPDATE299