REGULATORY DEVELOPMENTS
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-
dates38
RECENT FEDERAL DECISIONS
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).
RECENT CALIFORNIA DECISIONS
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).
