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California Land Use Law & Policy Reporter

February 2021

Volume 30, Number 5 February 2021




EPA Finalizes Guidance on Implementation of U.S. Supreme Court’s ‘Functional Equivalent’ CWA Test in County of Maui Case135

U.S. Fish and Wildlife Service Finalizes Regulatory Definition of the Term ‘Habitat’ as Used in the Endangered Species Act136


Circuit Court of Appeals:

Ninth Circuit Reject’s District Court Holding that Environmental Assessment and Finding of No Significant Impact for Road Project Violated


Bair v. California Department of Transportation, 982 F.3d 569 (9th Cir. 2020).

Ninth Circuit Finds Federal Agencies Violated National the Environmental Policy Act and Endangered Species Act in Approving Offshore Oil Facil-


Center for Biological Diversity v. Bernhardt, 982 F.3d 723 (9th Cir. 2020).

Ninth Circuit Rejects Constitutional Challenges to City of San Jose’s Disclosure Requirements Related to Rent Stabilization Ordinance142

Hotop v. City of San Jose, 982 F.3d 710 (9th Cir. 2020).


District Court of Appeal:

Fourth District Court Upholds Coastal Commission Cease and Desist Order—Finds No Abuse of Discretion in Imposing $1 Million Penalty144

11 Lagunita, LLC v. California Coastal Commission, 58 Cal.App.5th 904 (4th Dist. 2020).

Third District Court Upholds Mitigated Negative Declaration Prepared by County for Prison Expansion Project145

Citizens for Smart Development in Amador County v. County of Amador, ___Cal.App.5th___ Case No. C082915 (3rd Dist. Dec. 11, 2020).

Fifth District Court Reverses Denial of Writ of Mandate Challenging Water Board Administrative Penalties Without Consideration of Certain Defen-


Malaga County Water District v. State Water Resources Control Board, ___Cal.App.5th___, Case No. F075868 (5th Dist. Dec. 10, 2020).

First District Court Finds Allegations of Brown Act Violations for Vote Reporting Requirement Need Not Allege Prejudice or Overcome Hearsay State-


New Livable California v. Association of Bay Area Governments, ___Cal.App.5th___, Case No. F075868 (1st Dist. Dec. 18, 2020).

First District Court Holds Water Board, Acting as Responsible Agency under CEQA, Could Impose Additional Mitigation Measures under Porter-Cologne Act152

Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board, 59 Cal.App.5th 199 (1st Dist. Dec. 29, 2020).