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California Land Use Law & Policy Reporter

June 2021

Volume 31, Number 9 June 2021




Governor Newsom Issues Drought Proclamations260


Circuit Court of Appeals:

D.C. Circuit Addresses Petition Challenging FERC Decision on Hydropower License and Related Endangered Species Act Claims262

Shafer & Freeman Lakes Environmental Conservation Corporation v. Federal Energy Regulatory Commission, 992 F.3d 1071 (D.C. Cir. 2021).

District Court:

District Court Refuses to Apply Equitable Tolling to Save Federal Takings Claims after Remand from the U.S. Supreme Court264

Honchariw v. County of Stanislaus, ___F.Supp.3d___, Case No. 16-CV01183 (E.D. Cal. Mar. 31, 2021).

District Court Reject’s Fourth and Fourteenth Amendment Claims after Plaintiff Fails to Secure a Building Permit and Refuses to Allow County to Inspect Property267

Schmid v. County of Sonoma, ___F.Supp.3d___, Case No. 19-cv-00883 (N.D. Cal. Mar. 24, 2021).

U.S. Army Corps of Engineers’ Clean Water Act Section 408 Requirements Upheld by the District Court268

Russellville Legends, LLC v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. 4:19-CV-00524-BSM (E.D. Ark. Mar. 31, 2021).


District Court of Appeal:

Third District Court Upholds Supplemental EIR Prepared by State Lands Commission for Lease Amendment Pertaining to Desalination Plant271

California Coastkeeper Alliance v. State Lands Commission, ___Cal.App.5th___, Case No. C088922 (3rd Dist. Apr. 8, 2021).

Second District Court Reverses Trial Court Determination that Due Process Requires Notice of Amount of Administrative Penalty Actually Imposed272

Lent v. California Coastal Commission, ___Cal. App.5th___, Case No. B292091 (2nd Dist. Apr. 5, 2021).

Fourth District Court Upholds Dismissal of CEQA Action for Failing to Timely Request a Hearing under Public Resources Code275

Public Watchdogs v. California State Lands Commission, Unpub., Case No. D077166 (4th Dist. Apr. 2, 2021).

Superior Court:

Orange County Superior Court Approves Stipulated Judgment in the Borrego Valley Groundwater Adjudication277

Borrego Water District v. All Persons Who Claim A Right To Extract Groundwater in the Borrego Valley Groundwater Subbasin No. 7.024-1, et al., Case No. 37-2020-00005776 (Orange County Super Ct. Apr. 8, 2021).