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

California Land Use Law & Policy Reporter

March 2021

Volume 30, Number 6 March 2021


Congress Introduces Bill to Coordinate River Restoration Efforts between the United States and Mexico and to Protect the Salton Sea157


California State Water Resources Control Board Adopts New Order Establishing Statewide Waste Discharge Requirements for Wineries159


Circuit Court of Appeals:

D.C. Circuit Vacates Federal Easement Awarded to Dakota Access Pipeline, Finding U.S. Army Corps Violated NEPA by Failing to Prepare an


Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, 985 F.3d 1032 (D.C. Cir. 2021).


District Court of Appeal:

Fourth District Court Addresses Economic Analysis Performed by State and Regional Water Boards When Issuing NPDES Permits More Stringent Than Federal Standards164

City of Duarte v. State Water Resources Control Board, ___Cal.App.5th___, Case No. 30-2016-00833614 (4th Dist. Jan. 28, 2021).

Second District Court Affirms Trial Court Denial of CEQA Challenge to Category 3 Exemption for Construction of New Homes166

Concerned Citizens of Beverly Hills/Bel Air v. City of Beverly Hills, ___Cal.App.5th___, Case No. B297931 (2nd Dist. Jan. 14, 2021).

Second District Court Rejects Property Owner’s Attempt to Invalidate 1974 Parcel Map Based on Laches Doctrine168

Decea v. County of Ventura, ___Cal.App.5th___, Case No. 56-2018-00519378 (2nd Dist. Jan. 15, 2021).

Fourth District Court Upholds CEQA Categorical Exemption for Lease of Sports Park Facility along San Dieguito River Valley170

Friends of the San Dieguito River Valley v. City of San Diego, Unpub., Case No. D075654 (4th Dist. Jan. 29, 2021).

First District Court Upholds Adoption of Voter Initiative, Finding the Initiative Did Not Require a Two-Thirds Majority to Pass172

Howard Jarvis Taxpayers Association v. City and County of San Francisco, 60 Cal.App.5th 227 (1st Dist. 2021).

Fourth District Court Finds EIR Need Not Consider a Second or Alternative Access Road as a Mitigation Measure Because That Alternative Was Practically Infeasible174

Protect Our Homes and Hills v. County of Orange, ___Cal.App.5th___, Case No. G058229 (4th Dist. Jan. 27, 2021).

First District Court Finds Sovereign Immunity Bars Quiet Title Action for Public Easement for Coastal Access on Tribal Owned Property176

Self v. Cher-Ae Heights Indian Community of the Trinidad Rancheria, 60 Cal.App.5th 209 (1st Dist. 2021).