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California Land Use Law & Policy Reporter

July 2022

Volume 31, Number 10 July 2022


California Set to Open New State Park for First Time in Over a Decade at the Confluence of the Tuolumne and San Joaquin Rivers295


U.S. Senators Introduce Financial Assistance Bill to Provide Additional Funding for Water Projects in the West297


Circuit Court of Appeals:

Ninth Circuit Finds U.S. Forest Service Acted Arbitrarily and Capriciously in Approving Plan of Operations for Copper Mine299

Center for Biological Diversity v. U.S. Fish and Wildlife Service, 33 F.4th 1202 (9th Cir. 2022).


District Court of Appeal:

Second District Court Finds City’s 15 Percent Affordable Housing Set-Aside Inoperative301

AIDS Healthcare Foundation v. City of Los Angeles, 78 Cal.App.5th 167 (2nd Dist. 2022).

Third District Court Finds Bumble Bees May Be Classified as ‘Fish’ under the California Endangered Species Act303

Almond Alliance of California v. Fish & Game Commission, ___Cal.App.5th___, Case No. C093542 (3rd Dist. May 31, 2022).

Sixth District Court Holds CEQA Claims Were Time-Barred Despite Ambiguous Deadlines Induced by Covid-19 Pandemic305

Committee for Sound Water and Land Development v. City of Seaside, ___Cal.App.5th___, Case No. H049031 (6th Dist. June 1, 2022).

Second District Court Finds Coastal Commission Properly Denied Application for Family Residence Seeking Water Service Connection308

McCarthy v. California Coastal Commission, Unpub., Case No. B309078 (2nd Dist. June 1, 2022).

First District Court Affirms that Housing Accountability Act Does Not Apply to Single-Family Home Project310

Reznitskiy v. County of Marin, ___Cal.App.5th___, Case No. A161813 (1st Dist. June 15, 2022).

Second District Court Affirms Equitable Easement in Neighbor Dispute313

Romero v. Shih, 78 Cal.App.5th 326 (2nd Dist. 2022).

Third District Court Reverses Decision Finding that Community Action Agency Is an ‘Other Public Agency’ Subject to Public Records Act315

The Community Action Agency of Butte County v. Superior Court, ___Cal.App.5th___, Case No. C093020 (3rd Dist. May 27, 2022).

First District Court Affirms Judgment Rejecting CEQA Challenges to Approval of Home Development Project—Criticizes Lawsuit as an Abuse of CEQA317

Tiburon Open Space Committee et al. v. County of Marin, ___Cal.App.5th___, Case No. A159860 (1st Dist. May 12, 2022).