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California Land Use Law & Policy Reporter

August/September 2021

Volume 30, Number 11 August/September 2021


California Water District Adopts Ban on Potable Water Use for Landscaping in New Developments311


State Water Resources Control Board Implements Emergency Water Reporting and Curtailment Regulations in Light of Historic Drought313


U.S. Supreme Court:

U.S. Supreme Court Finds Regulation Granting Labor Organizations a ‘Right to Take Access’ to an Agricultural Employer’s Property Constitutes a Per Se Physical Taking315

Cedar Point Nursery v. Hassid, ___U.S.___, 141 S.Ct. 2063 (June 23, 2021).

U.S. Supreme Court Finds ‘Finality Requirement’ for Regulatory Takings Claim Does Not Require Exhaustion of State Administrative


Pakdel v. City and County of San Francisco, ___U.S.___, 141 S.Ct. 2226 (June 28, 2021).

U.S. Supreme Court Upholds Eminent Domain Authority of FERC ‘Certificate’ Pipeline Company Despite State Sovereign Immunity Challenge319

Penneast Pipeline Co., LLC v. New Jersey, ___U.S.___, 141 S.Ct. 2244 (June 29, 2021).

Circuit Court of Appeals:

Ninth Circuit Finds that the FAA Violated NEPA By Failing to Analyze Environmental Impacts of Decision to Authorize New Airport Approach Routes322

City of Los Angeles v. Dickson, Unpub., Case No. 18-71581, (9th Cir. July 8, 2021).


District Court of Appeal:

Fourth District Court Finds Coastal Development Permit Applications for Mobile Home Remodels Were ‘Deemed Approved’ under the Permit Streamlining Act325

Linovitz Capo Shores LLC v. California Coastal Commission, 65 Cal.App.5th 1106 (4th Dist. 2021).

Fourth District Court Affirms Coastal Commission’s Coastal Bluff Setback Requirement Considering Factors of Safety and Life of the Project327

Martin v. California Coastal Commission, ___Cal.App.5th___, Case No. D076956 (4th Dist. June 13, 2021).

Third District Court Affirms Dismissal of Challenge to Negative Declaration for New Bridge Project under


Newton Preservation Society v. County of El Dorado ___Cal.App.5th___, Case No. C092069 (3rd Dist. June 16, 2021).

First District Court Affirms Decision that CEQA Tolling Agreement with Municipal Park District was Invalid for Failure to Join a Real Party in Inter-


Save Lafayette Trees v. East Bay Regional Park District, 66 Cal.App.5th 21 (1st Dist., 2021).

LEGISLATIVE UPDATE . . . . . . . . . . . . . 334