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California Land Use Law & Policy Reporter

March 2023

Volume 32, Number 6 March 2023


Governor Newsom Suspends Delta Outflow Regulations to Bolster Water Storage, Updates Prior Restrictions on New and Replacement Wells165

State Legislature Introduces Another Bill that would Promote Conversion of Underperforming and Obsolete Office Projects into Housing166


Department of Water Resources Approves New Groundwater Sustainability Plans for Northern California Basins168


Circuit Court of Appeals:

Ninth Circuit Holds Rulemaking Petition Regarding Grizzly Bear Recovery Plan is Not Subject to Judicial Review170

Center for Biological Diversity v. Haaland, ___F4th___, Case No. 21-35121 (9th Cir 2023).

Tenth Circuit Finds BLM Needs to Take a Hard Look under NEPA for New Mexico Fracking Permits171

Diné Citizens Against Ruining Our Environment et al. v. Bernhardt et al., ___F.4th___ , CaseNo. 21-2116 (10th Cir. Feb. 1, 2023).


District Court of Appeal:

Second District Court Rejects Challenge to EIR Prepared for Project to Connect the City of Buenaventura to the State Water Project174

California Water Impact Network v. City of San Buenaventura, Unpub., Case No. B315362 (2nd Dist. Jan. 4, 2023).

Third District Court Rejects CEQA Petition Challenging EIR for State Highway 70 Roadway Improvement Project175

Keep 70 Safe v. Department of Transportation, Unpub., Case No. C095543 (3rd Dist. Jan. 30, 2023).

Second District Court Upholds Denial of Motion for Attorneys’ Fees Finding Petitioner Failed in Producing Substantial Evidence of His Personal Financial Stake in the Litigation177

Kracke v. City of Santa Barbara, Unpub., Case No. B316993 (2nd Dist. Jan. 12, 2023).

Second District Court Partially Denies Anti-Slapp Motion in Action Challenging City Initiatives Approved by Voters179

Oxnard v. Starr, ___Cal.App.5th___, Case No. B314601 (2nd Dist. Jan. 19, 2023).

Second District Court Sustains City’s Demurrer to Complaint Alleging Common Law and Constitutional Property Claims181

Ventura29LLC v. City of San Buenaventura, ___Cal.App.5th___, Case No. B313060 (2nd Dist. Jan 26, 2023).