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

California Land Use Law & Policy Reporter

July 2021

Volume 30, Number 10 July 2021


Biden Administration Fiscal Year 2022 Proposed Budget Prioritizes U.S. Bureau of Reclamation Water Projects287

California to Stop Issuing Fracking Permits by 2024 and Phase Out Oil

Extraction by 2045288


Circuit Court of Appeals:

Ninth Circuit Finds U.S. Fish and Wildlife Service Failed to Explain Why It Reversed Previous Listing Decision Regarding Pacific Walrus290

Center for Biological Diversity v. Haaland, ___F.3d___, Case No. 19-35981 (9th Cir. June 3, 2021).

Ninth Circuit Finds Rule Requiring 30-Day Notice of Intent to States for Listing Petitions under the Endangered Species Act Was Invalid291

Friends of Animals v. Haaland, 997 F.3d 1010 (9th Cir. 2021).


District Court of Appeal:

Third District Court Affirms Striking of Initiative General Plan Amendments that Require Traffic Mitigation Disproportionately Beyond Project Im- pacts293

Alliance for Responsible Planning v. Taylor (County of El Dorado), ___Cal.App.5th___, Case No. C085712 (3rd Dist. Apr. 19, 2021).

Fourth District Court Allows Malicious Prosecution Action to Move forward against Unsuccessful CEQA Plaintiff296

Dunning v. Johnson et. al., ___Cal.App.5th___, Case No. D076570 (4th Dist. Apr. 23, 2021).

Second District Court Affirms Summary Judgment for Condominium Owner, Finding No Duty of Care to Provide Onsite Guest Parking297

Issakhani v. Shadow Glen Homeowners Association, Inc., 63 Cal.App.5th 917 (2nd Dist. 2021).

Second District Court Affirms Injunction against City’s Short Term Vacation Rental Ban Because City Lacked Coastal Development Permit300

Kracke v. City of Santa Barbara, ___Cal.App.5th___, Case No. B300528 (2nd Dist. May 4, 2021).

First District Court Upholds Marin County’s Denial of Proposed Home on Exposed Hill-


Sasan v. County of Marin, ___Cal.App.5th___, Case No. A160325 (1st Dist. June 10, 2021).

First District Court Upholds Award of Enhanced Attorney’s Fees to Land Trust that Successfully Enforced Conservation Easement303

Sonoma Land Trust v. Thompson, 63 Cal.App.5th 978 (1st Dist. 2021).

LEGISLATIVE UPDATE . . . . . . . . . . . . . 306