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California Land Use Law & Policy Reporter

May 2022

Volume 31, Number 8 May 2022


Governor Newsom’s Drought Executive Order Aims to Increase Regional Water Conservation Efforts231


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


Circuit Court of Appeals:

Ninth Circuit Finds NEPA Document Failed to Sufficiently Analyze GHG Emissions and Climate Impacts from Proposed Mining Expansion Pro-


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


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


New Harvest Christian Fellowship v. City of Salinas, 29 F.4th 596 (9th Cir. 2022).


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-


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


United Homeowners Association v. Peak Capital Investments, et al., Unpub., Case No. B308682 (2nd Dist. Mar. 24, 2022).