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California Land Use Law & Policy Reporter

February 2022

Volume 31, Number 5 February 2022


California Supreme Court Holds that Issue Exhaustion Is Not a Prerequisite to Seek Judicial Review of Business Improvement District Assessments

under Proposition 218 by Bridget McDonald, Esq., Remy Moose Manley, LLP, Sacramento135


U.S. Bureau of Reclamation and Sites Project Authority Issue Revised

Environmental Documents for the Sites Reservoir Project140


California to Receive Extensive Benefits from Federal Infrastructure Investment and Jobs Act142


U.S. Army Corps of Engineers Reissues and Modifies New Clean Water Act Section 404 Nationwide Permits144


Circuit Court of Appeals:

Ninth Circuit Reverses Denial of Company’s Request to Intervene by Right in Challenge to BLM’s Issuance of Oil Leases147

Western Watersheds Project v. Haaland, ___F.4th___, Case. No. 20-35780 (9th Cir. Jan. 5, 2022).


District Court of Appeal:

Second District Court Affirms Application of Legislative In-Lieu Fee Scheme to Provide Coastal Ac-


Jack Wall v. California Coastal Commission, ___Cal.App.5th___, Case No. B312912 (2nd Dist. Dec. 16, 2021).

First District Court Holds State Water Board’s Process of Granting Domestic Use Registrations is ‘Ministerial’ and Exempt from CEQA Requirements152

Mission Peak Conservancy v. State Water Resources Control Board, 72 Cal.App.5th 873 (1st Dist. 2021).

Third District Court Finds Substantial Evidence Supported City’s Determination that a Project Was Consistent with Applicable Planning Documents153

Old East Davis Neighborhood Association v. City of Davis,___Cal.App.5th___, Case No. C090117(3rd Dist. Jan. 12, 2022).

Second District Court Voids Settlement Agreement Transferring State-Owned Coastal Property Interests Without a Finding and Hearing155

Pappas v. State Coastal Conservancy, ___Cal.App.5th___, Case No. B304347 (2nd Dist. Dec. 23, 2021).

Fourth District Court Applies Guidelines § 15088.5(G)—Finds City Did Not Violate CEQA By Failing to Summarize Revisions to Previously Circulated Programmatic EIR In Recirculated


Save Civita Because Sudberry Won’t v. City of San Diego, 72 Cal.App.5th 957 (4th Dist. Dec. 16, 2021).

Superior Court:

Superior Court Finds EIR for Resort Inadequately Analyzed Project Impacts to Existing Community Fire Evacuation Routes160

Center for Biological Diversity et al. v. County of Lake et al., Case No. CV 421152 (Lake Cnty Super Ct (Jan 4 2022.)