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California Land Use Law & Policy Reporter

November 2022

Volume 32, Number 2 November 2022


U.S. Fish and Wildlife Service Proposes New Eagle Rule to Create a

General Incidental Take Permit Process for Power Line Infrastructure and Wind-Energy Projects35

California Department of Water Resources Announces Steps to Support California in Water Conservation Efforts Amid Severe Drought36

Central Valley Irrigated Lands Regulatory Program Sees Significant Up-



Circuit Court of Appeals:

Ninth Circuit Finds Agencies Have Discretion to Operate Twitchell Dam to Avoid Endangered Species Act ‘Take’40

San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District, 49 F.4th 1242 (9th Cir. 2022).

Ninth Circuit Affirms Judgment for Fish and Wildlife Service Based on Claim Preclusion in a Challenge under the Endangered Species Act41

Save the Bull Trout v. Williams, ___F.4th___, Case No. 21-35480 (9th Cir. Sept. 28, 2022).

Tenth Circuit Refuses Exclusive Jurisdiction on FERC-Licensed Project Because Petition Instead Challenged the Corps’ Section 404 Permit43

Save the Colorado, et al. v. Spellmon, et al., ___F.4th___, Case No. 21-1155 (10th Cir. Sept. 30, 2022).

District Court:

District Court Dismisses Third Party Suit Finding Standing Allegations Inadequate in Climate Adaptation Case45

Conservation Law Foundation, Inc. v. Gulf Oil Limited Partnership, ___F.Supp.4th___, Case No. 3:21-CV-00932 SVN (D. Conn. Sept. 20, 2022).

District Court Rejects Takings Claim Brought by Developers Stemming from Their Rejection of Application for Water and Sewer Services47

Windeler v. Cambria Community Services District, ___F.Supp.4th___, Case No. CV 19-6325 DSF (C.D. Cal. Sept. 6, 2022).


District Court of Appeal:

Fourth District Court Rejects Homeowners’ Claim that Ordinance Sunsetting Short Term Rental

Licenses Violated Due Process Rights50

Hobbs v. City of Pacific Grove, Unpub, Case No. 18CV002411 (6th Dist. Oct. 14, 2022).

Second District Court Affirms Decision Finding No Reasonable Connection between Amount of Development Impact Fee and Burden of Storage Use52

Pismo Beach Self-Storage, LP v. City of Pismo Beach, ___Cal.App.5th___, Case No. B310289 (2nd Dist. Sept. 12, 2022).

First District Court Holds California Department of Pesticide Regulation Violated CEQA By Renewing a Registration without Reevaluating Environmental Impacts54

Raptors are the Solution v. Superior Court, Unpub., Case No. A161787 (1st Dist. Sept. 27, 2022).

Fourth District Court Denies Motion to Dismiss

Appeal but Affirms Decision Finding that a Focused EIR Did Not Violate CEQA56

Save the Field v. Del Mar Union School District, ___Cal.App.5th___, Case No. D079480 (4th Dist. Sept. 26, 2022).

Fourth District Court Upholds City of Encinitas’ Denial of Application to Modify Permits Originally Issued in 200558

Surfer’s Point, LLC v. City of Encinitas, Unpub., Case No. D079271 (4th Dist. Sept. 20, 2022).