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California Land Use Law & Policy Reporter

January 2022

Volume 31, Number 4 January 2022




$1.2 Trillion Infrastructure Legislation Provides Funding and NEPA Streamlining for Key Environmental and Infrastructure Projects106


Department of the Interior Approves Solar Projects on BLM-Managed

California Lands, Solicits Interest for Solar Leasing on BLM-Managed Lands in Colorado, New Mexico and Nevada110

California State Water Resources Control Board Considers Imposing

Mandatory Water Use Restrictions Statewide in Response to Drought



Circuit Court of Appeals:

Ninth Circuit Finds Federal Aviation Administration Properly Relied on Environmental Assessment for Air Cargo Project at Airport114

Center for Community Action and Environmental Justice v. Federal Aviation Administration, 18 F.4th 592 (9th Cir. 2021).

District Court:

District Court Rejects Tribal Challenge to Existing Licensed Hydroelectric Project116

Sauk-Suiattle Indian Tribe v City of Seattle and Seattle City Light, ___F.Supp.4th___, Case No. 2:21-cv-1014 (W.D. Wash. Dec. 2, 2021).


District Court of Appeal:

Second District Court Finds Petitioner Failed to

Exhaust Administrative Remedies Regarding Potential Noise Impacts in CEQA Challenge.118

AIDS Healthcare Foundation v. City of Los Angeles, ___Cal.App.5th___, Case No. B313529 (2nd Dist. Nov. 1, 2021).

Third District Court Upholds City of Sacramento’s EIR and Approval of ‘McKinley Water Vault


Citizens for a Safe and Sewage Free McKinley Park v. City of Sacramento, Unpub., Case No. C090760 (3rd Dist. Nov. 24, 2021).

Second District Court Finds City Cannot Enjoin County as Exclusive Contractor for Ambulance Services under the Medical Services Act123

City of Oxnard v. County of Ventura ___Cal.App.5th___, Case No. B312348 (2nd Dist. November 23, 2021).

Third District Court Rejects Several CEQA Claims Brought by Pro Per Petitioner Against Area Flood Control Agency125

Gulli v. San Joaquin Area Flood Control Agency, Unpub., Case No. C088010 (3rd Dist. Dec. 3, 2021).

Second District Court Affirms City’s Revocation of Conditional Use Permit for Operation of Commercial Antennae Based on Violation of Permit Condi-


Indian Peak Properties, LLC v. City of Rancho Palos Verdes, Unpub., Case No. B303325 (2nd Dist. Nov. 16, 2021).

Second District Court Upholds Denial of Union’s Permissive Intervention into Complex CEQA Matter Related to the Port of Los Angeles129

South Coast Air Quality Management District v. City of Los Angeles et al., 71 Cal.App.5th 314 (2nd Dist. 2021).