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California Land Use Law & Policy Reporter

January 2023

Volume 32, Number 4 January 2023


First District Court of Appeal Upholds General Plan Standards When Project Application Deemed Complete—Rather Than New Standards Released While Project Approval Was Pending by Veronika Morrison, Esq. and Bridget McDonald, Esq., Remy Moose Manley, LLP, Sacramento101


Federal Government to Provide $250 Million in Funding to Local Agencies for Salton Sea Restoration Projects105


In a Major Regulatory Step, FERC Approves Removal of Four Dams on the Klamath River107

California Coastal Commission Approves Substantial Desalination Pro-



District Court of Appeal:

Fifth District Court Finds CEQA Challenge of a Notice of Exemption for a Department of Toxic Substances Control Chemical Listing Was Un-


American Chemistry Council v. Department of Toxic Substances Control, ___Cal.App.5th___, Case No. F082604 (5th Dist. Nov. 18, 2022).

Third District Court Upholds Regional Water Board’s Cleanup Order That Directed Remediation of Hazardous Waste Associated with an Abandoned Mine112

Atlantic Richfield Co. v. California Regional Water Quality Control Bd., 85 Cal.App.5th 338 (3rd Dist. 2022).

Second District Court Affirms Lack of Claim for Loss in Value of a Security Already Encumbered by a Coastal Development Permit115

Farzam v. Anthony Mason Associates, Inc., Unpub., Case No. B311890 (2nd Dist. Nov. 21, 2022).

First District Court Finds School’s Installation of Light Towers in Its Athletic Field Is Not Exempt From CEQA Review117

Saint Ignatius Neighborhood Association v. City and County of San Francisco, ___Cal.App.5th___, Case No. A164629 (1st Dist. Dec. 5, 2022).

Fourth District Court Upholds City’s Certification of EIR Despite Claimed Deficiencies of Inadequate Analysis on Special Status Species and Public Safety Impacts119

Save North Petaluma River and Wetlands v. City of Petaluma, ___Cal.App.5th___, Case No. A163192 (4th Dist. Dec. 13, 2022).

Second District Court Rejects CEQA Challenge of Programmatic EIR Prepared in Association with City’s South Glendale Community Plan121

Save Our Glendale v. Glendale, Unpub., Case No. B308034 (2nd Dist. Nov. 29, 2022).

Third District Court Affirms CEQA Statutory Bar to Untimely Challenge of Memorandum of Understanding between State Agencies123

Save the Capitol, Save the Trees v. Department of General Services, Unpub., Case No. C095317 (3rd Dist. Nov. 22, 2022).