LAND USE NEWS
Governor Newsom’s Drought Executive Order Aims to Increase Regional Water Conservation Efforts231
REGULATORY DEVELOPMENTS
FERC Revises Policy Statement on Natural Gas Facilities Certification to Bolster Consideration of GHG Impacts and Environmental Justice in Weighing Public Convenience and Necessity233
California Department of Water Resources Releases $29.8 Million in Funding for Friant-Kern Canal Repair Project235
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Finds NEPA Document Failed to Sufficiently Analyze GHG Emissions and Climate Impacts from Proposed Mining Expansion Pro-
ject237
350 Montana v. Haaland, ___F.4th___, Case No. 20-35411 (9th Cir. Apr. 4, 2022).
Ninth Circuit Affirms Summary Judgment in Favor of U.S. Fish and Wildlife Service, finding the ‘Barred Owl Removal Experiment’ Did Not Violate
NEPA238
Friends of Animals v. United States Fish and Wildlife Service, 28 F.4th 19 (9th Cir. Mar. 4, 2022).
Ninth Circuit Holds City’s Zoning Code Prohibiting Religious Assembly on Ground Floor/Street Level Violated Equal Terms Provision of the
RLUIPA241
New Harvest Christian Fellowship v. City of Salinas, 29 F.4th 596 (9th Cir. 2022).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
First District Court Reverses Decision Adopting Limited Interpretation of Judgment and Related Denial of Attorney’s Fee Motion244
Community Venture Partners v. Marin County Open Space District, Unpub., Case Nos A161851 & A162374 (1st Dist. Mar. 28, 2022).
Fourth District Court Finds Petitioner Residents Entitled to Attorney’s Fees in Connection with Housing Element Lawsuit246
Garcia v. City of Desert Hot Springs, Unpub., Case No. E075523 (4th Dist. Mar. 16, 2022).
First District Court Reverses Project Approval and EIR Certification Based on Inadequacy of ‘No Project’ Alternative Discussion247
Save the Hill Group v. City of Livermore, ___Cal.App.5th___, Case No. A161573 (1st Dist. Mar. 30, 2022).
Second District Court Finds City’s Selection of Additional Alternative After Circulated Final EIR Did Not Render Description of Project ‘Unsta-
ble’249
Southwest Regional Council of Carpenters v. City of Los Angeles, ___Cal.App.5th___, Case No. B301374 (2nd Dist. Mar. 30, 20222).
Second District Court Upholds Award of Attorney’s Fees to CEQA Petitioner in Setting Aside MND and Requiring Focused EIR to Analyze Traffic
Impacts252
United Homeowners Association v. Peak Capital Investments, et al., Unpub., Case No. B308682 (2nd Dist. Mar. 24, 2022).
LEGISLATIVE UPDATE255
