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California Land Use Law & Policy Reporter

October 2022

Volume 32, Number 1 October 2022


U.S. Supreme Court Rules Major Questions Doctrine Prohibits Broad Delegation of Congressional Authority to Regulate Greenhouse Gas Emissions Systems by Deborah Quick, Esq. and Lucille Flinchbaugh, Esq., Perkins Coie, LLP, San Francisco, California3


Governor Newsom Release California’s Water Supply Strategy8


Federal Inflation Reduction Act Provides Additional Funding for Drought Relief Efforts10


Reversal of Critical Habitat Exclusion Regulation Under Endangered Species Act Becomes Final12


Circuit Court of Appeals:

Ninth Circuit Limits Waivers of Clean Water Act Section 401 Certifica-


California State Water Resources Control Board v. FERC, 43 F.4th 920 (9th Cir. 2022).


District Court of Appeal:

First District Court Upholds Demurrer to Unlawful Detainer Suit Brought Under the Ellis Act, Holding Strict Compliance with Local Rent Control Ordinance Is Required17

2710 Sutter Ventures LLC v. Millis, ___Cal.App.5th___, Case No. A162439 (1st Dist. Aug. 31, 2022).

Second District Court Upholds CEQA Negative Declaration Adopted in Connection with a City Short-Term Rental Ordinance20

Concerned Citizens of Beverly Hills/Beverly Grove v. City of Los Angeles, Unpub, Case No. B307226 (2nd Dist. Aug. 12, 2022)

Fourth District Court Upholds Section 1021.5

Attorneys’ Fees Award21

Elfin Forest Harmony Grove Town Council v. County of San Diego, Unpub, Case No. D079222 (4th Dist. Aug. 18, 2022).

First District Court Upholds Coastal Commission’s Finding that Fee-to-Trust Land Transfer Between Federal Government and Tribe Was Consistent with the Coastal Act23

Humboldt Alliance for Responsible Planning v. California Coastal Commission, Unpub., Case No. A162602 (1st Dist. Sept. 16, 2022).

First District Court Affirms Trial Court Decision Denying Challenge to Flood Control Project Programmatic EIR Range of Alternatives26

Joshua v. San Francisquito Creek Joint Powers Authority, Unpub., Case No. A163294 (1st Dist. Aug. 23, 2022).

Sixth District Court Affirms Decision Denying Challenge to Sufficiency of Project Aesthetic and Visual Environmental Impact Analysis29

Preservation Action Council of San Jose v. City of San Jose, Unpub., Case No. H048953 (6th Dist. Aug. 30, 2022).