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California Land Use Law & Policy Reporter

June 2022

Volume 31, Number 9 June 2022

LAND USE NEWS

California Senate Looks to Revive Efforts to Reduce Urban Water Use Objectives for Indoor Residential Water Use263

REGULATORY DEVELOPMENTS

State Water Resources Control Board Proposes Emergency Regulations for Russian River Watershed265

California Department of Water Resources Releases Draft Update Central Valley Flood Protection Plan267

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Finds Forest Service Failed to Explain How Project Complied with the Roadless Area Conservation Rule269

Los Padres ForestWatch v. U.S. Forest Service, 25 F.4th 649 (9th Cir. 2022).

Ninth Circuit Finds Fish and Wildlife Service Acted Properly in Adopting ‘Kenai Rule,’ Limiting Hunting Practices in National Wildlife Re-

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Safari Club International v. Haland, 31 F.4th 1157 (9th Cir. 2022).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

First District Court Affirms City’s Discretion to Issue Permit in Public Right of Way273

Howard v City of Alameda, Unpub., Case No. A159622 (1st Dist. Apr. 27, 2022).

Second District Court Holds City’s Ban on Short-Term Rentals in Coastal Zone Required Coastal Commission Approval275

Keen v. City of Manhattan Beach, 77 Cal.App.5th 142 (2nd Dist. 2022).

Fourth District Court Upholds Summary Judgment Cancelling Land Purchase Agreement Associated With 158-Unit Project277

Kingsland Investment v. Verdi Tanriverdi, Unpub. Case No. G060272 (4th Dist. Apr. 5, 2022).

First District Court Addresses Issue Exhaustion Doctrine, Endangered Species and CEQA Issues for Project in the City of Livermore279

Save the Hill Group v. City of Livermore, 78 Cal.App.5th 1092 (1st Dist. 2022).

Third District Court Holds City Must Provide Required Findings for Approval of Wastewater Permit for Significant Impacts Identified in EIR282

We Advocate Through Environmental Review v. City of Mount Shasta, Unpub., Case No. C091012 (3rd Dist. Apr. 12, 2022).

Third District Court Finds County Violated CEQA Because EIR For Project Defined Objectives Too Narrowly and Inadequately Evaluated Climate Change Impacts283

We Advocate Through Environmental Review v. County of Siskiyou, ___Cal.App.5th___, Case No. C090840 (3rd Dist. May 20, 2022).

LEGISLATIVE UPDATE287