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California Land Use Law & Policy Reporter

October 2021

Volume 31, Number 1 October 2021


Drought Stricken State Water Project’s Lake Oroville Plummets to Lowest Level in Decades—Other State Reservoirs Are Also Low Due to



California Fish and Game Commission Formalizes Schedule to Evaluate State ESA Petition to List the Southern California Steelhead as Endan-



Circuit Court of Appeals:

Ninth Circuit Finds NEPA Lawsuit Challenging Winter Drilling Exploration Was Moot Where Work Already Had Been Completed and Issues Were Not Capable of Repetition7

Native Village of Nuiqsut v. Bureau of Land Management, 9 F.4th 1201 (9th Cir. 2021).

Ninth Circuit Upholds Army Corps Plan to Dredge Navigational Channels in San Francisco Bay under the Coastal Zone Management Act8

San Francisco Bay Conservation & Development Commission v. U.S. Army Corps of Engineers, 8 F.4th 839 (9th Cir. 2021).


District Court of Appeal:

Fourth District Court Clarifies Tension Between Two Varying Eminent Domain Rules Regarding the Valuation of Condemned Property12

City of Escondido v. Pacific Harmony Grove Development, LLC, 68 Cal.App.5th 213 (4th Dist. 2021). 

Third District Court Affirms Use of EIR Addendum to Provide Alternative Habitat Mitigation Site in

CEQA Action Implicating Threatened Spe-


Environmental Council of Sacramento v. City of Elk Grove, ___Cal.App.5th___, Case No. C089384 (3rd Dist. Aug. 30, 2021).

Fifth District Court Finds Exhaustion Requirements Do Not Apply Where an Agency Gives No Notice of Intent to Apply CEQA Exemption Prior to Public Hearing17

Los Angeles Department of Water and Power v. County of Inyo, 67 Cal.App.5th 1018 (5th Dist. 2021).

First District Court Finds AB 734 Did Not Impose Deadline on Governor to Certify Baseball Stadium for Streamlined Environmental Review19

Pacific Merchant Shipping Association v. Newsom, 67 Cal.App.5th 711 (1st Dist. 2021).

Second District Court Upholds EIR Analyzing Improvement Project by the Watershed Conservation Authority in the Angeles National Forest22

Save Our Access-San Gabriel Mountains v. Watershed Conservation Authority, 68 Cal.App.5th 8 (2nd Dist. 2021).

Third District Court Allows Brown Act Challenge Because a Revised Development Agreement Was Not Made Available to the Public24

Sierra Watch v. Placer County, ___Cal.App.5th___, Case No. C087892 (3rd Dist. Aug. 24, 2021).

LEGISLATIVE UPDATE . . . . . . . . . . . . . . . 27