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California Land Use Law & Policy Reporter

May 2021

Volume 30, Number 8 May 2021


New Research Study Attempts to Quantify the Cost of Climate Change and Flood Risk in the United States—For the Individual Homeowner219

Local Jurisdiction Land Use Considerations of Cannabis ‘Activity Buffers’ in California220


U.S. EPA Dismisses Its Appeal of U.S. District Court’s More Narrow Jurisdictional Delineation of Salt Ponds Adjacent to San Francisco Bay223


District Court:

District Court Rules Environmental Analysis of GHGs Insufficient under NEPA for Mine Expansion Project225

Utah Physicians for a Healthy Environment, et al. v. U.S. Bureau of Land Management, ___F.Supp.3d ___, Case No. 2:19-cv-00256-DBB (D. Utah Mar. 24, 2021).


District Court of Appeal:

Third District Court Rejects Inverse Condemnation Claim by Power Plant against Municipal Utility District for Failure to Demonstrate Caus-


Amedee Geothermal Venture I v. Lassen Municipal Utility District, ___Cal.App.5th___, Case No. CO86978 (3rd Dist. Mar. 26, 2021).

Third District Court Upholds Decision to Not Recirculate EIR that Studied Impacts of a Denser Planning District Before District Was Changed229

Citizens for Positive Growth and Preservation v. City of Sacramento ___Cal.App.5th___, Case No. C090205 (3rd Dist. Feb. 26, 2021).

Second District Court Upholds Judgment and Fee Award in Inverse Condemnation Action232

Felkay v. City of Santa Barbara, 62 Cal.App.5th 30 (1st Dist. 2021).

Sixth District Court Finds EIR for Residential

Subdivision Violated CEQA by Failing to Provide Substantial Evidence of No Significant Impacts to Wildlife Corridors233

Landwatch Monterey County v. County of Monterey,Unpub., Case No. H046932 (6th Dist. Mar. 29, 2021).

Second District Court Finds That Local Agency

Formation Commissions Cannot Compel Payment of Attorney Fees Pursuant to Indemnity Agree-


San Luis Obispo Local Agency Formation Commission v. City of Pismo Beach, 61 Cal.App.5th 595 (2nd Dist. 2021).

First District Court Upholds EIR under CEQA for Expansion of Aggregate Operation for Failure to

Exhaust Administrative Remedies239

Stop Syar Expansion v. County of Napa, ___Cal.App.5th___, Case No. A158723 (1st Dist. Apr. 3, 2021).

First District Court Upholds San Francisco Bay

Conservation and Development Commission Order Regarding Violations in Suisun Marsh241

Sweeney v. San Francisco Bay Conservation and Development Commission, 62 Cal.App.5th 1 (1st Dist. 2021).

Fourth District Court Affirms City’s Use of Uncodified Parking Standards for Student Religious Center Based on Study of Parking Needs for Similar Cen-


Taxpayers for Responsible Use v. City of San Diego ___Cal.App.5th___, Case No. D075587 (4th Dist. Mar. 30, 2021).

Superior Court:

Superior Court Finds L.A. Department of Water and Power Must Conduct Environmental Review before Reducing Pastureland Allocations246

Mono County v. Los Angeles Department of Water and Power, Case No. RG18-923377 (Alameda Super Ct. Mar. 8, 2021).