FEATURE ARTICLES
California Supreme Court Holds Federal Power Act Does Not Preempt
Application of CEQA to State’s Authority over Dam Licensing by Bridget
McDonald, Esq., Remy Moose Manley, LLP, Sacramento, California323
California Court of Appeal Issues Important Proposition 218 Decision
Impacting Local Government’s Ability to Issue Special Assessments to
Address Coastal Erosion and Restoration by Boyd Hill, Esq., Jackson Tidus, Irvine, California328
LAWSUITS FILED OR PENDING
Environmental Organizations File Lawsuit Challenging the National Marine Fisheries Service’s Approvals of Enhancement of Survival Permits for Shasta River Landowners332
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Upholds EIS and Comprehensive Conservation Plan for Two National Wildlife Refuges334
Audubon Society of Portland v. Haaland, 40 F.4th 917 (9th Cir. 2022).
D.C. Circuit Upholds FERC’s Approval of Adelphia Pipeline Acquisition Under NEPA335
Delaware Riverkeeper Network v. Federal Energy Regulatory Commission, ___F.4th___, Case No. 20-1206 (D.C. Cir. Aug. 2, 2022).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Fourth District Court Holds Judicial Review Is Unavailable for Procedural Challenges to Regional Housing Needs Assessment Allocation338
City of Coronado v. San Diego Association of Governments, 80 Cal.App.5th 21 (4th Dist. 2022).
First District Court Finds Water Allocation Did Not Constitute a New ‘Project’ under CEQA—Lawsuit Was Barred by the Statute of Limitations341
County of Mono v. City of Los Angeles, 81 Cal.App.5th 657 (1st Dist. 2022).
First District Court Rejects Homeowner’s Constitutional Challenges to City Resolution Designating Property Lines in Conjunction with Neighboring Parcel343
Green Tree Headlands v. City of Sausalito, Unpub., Case. No. 1904567 (1st Dist. July 21, 2022).
Third District Court Overrules Trial Court Decision Barring Business License Challenge Because of Prior Judgment Denying a CEQA and Zoning Project Challenges346
Parkford Owners for a Better Community v. Windeshausen, ___Cal.App.5th___, Case No. C094419 (3rd Dist. 2022).
Fourth District Court Overturns Lower Court’s Grant of Demurrer for Dismissal Due to Failure to Timely Join Real Parties in Interest348
Save Our Students-Safety Over Sorry v. County of San Diego, Unpub., Case No. D079464 (4th Dist. July 26, 2022).
LEGISLATIVE UPDATE350
