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California Land Use Law & Policy Reporter

August/September 2022

Volume 31, Number 11 August/September 2022


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


Environmental Organizations File Lawsuit Challenging the National Marine Fisheries Service’s Approvals of Enhancement of Survival Permits for Shasta River Landowners332


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).


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).