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California Land Use Law & Policy Reporter

April 2023

Volume 32, Number 7 April 2023


First District Court Affirms Campus Plan EIR that Does Not Consider Limited Enrollment Alternative for Ancillary Housing Project by Boyd Hill, Esq., Jackson Tidus, Irvine, and Bridget McDonald, Esq., Remy Moose Manley,



California Water Commission Receives Status Update on Multi-Benefit Land Repurposing Program201


Circuit Court of Appeals:

Ninth Circuit Holds 2020 EPA Rule on Clean Water Act, Section 401 Certification to Remain in Effect During Agency Reconsideration203

In re Clean Water Act Rulemaking, ___F.4th___, Case Nos. 21-16958, 21-16960, 21-16961 (9th Cir. Feb. 21, 2023).

District Court:

District Court Finds Federal Endangered Species Act Preempts State Agency Order on Klamath Project Operations205

Yurok Tribe, et al., v. U.S. Bureau of Reclamation, et al., ___F.Supp.4th___, Case No. 19-cv-04405-WHO, (N.D. Cal. Feb 6, 2023).


District Court of Appeal:

Second District Court Holds Petitioner Failed to Exhaust Administrative Remedies to City’s Determination that Categorical Exemption Applied207

Arcadians for Environmental Preservation v. City of Arcadia, ___Cal.App.4th___, Case No. B320586 (2nd Dist. Feb. 2023).

Fourth District Court Reverses Dismissal Ruling as to Action Brought under Vehicle and Municipal Code, and CEQA Challenging City’s Display of Statue of Marilyn Monroe209

Committee to Relocate Marilyn v. City of Palm Springs, 88 Cal.App.5th 607 (4th Dist. 2023).

Fourth District Court Affirms Trial Court Ruling Setting Aside Addendum to Program EIR and

Related Approvals for Office Complex211

IBC Business Owners for Sensible Development v. City of Irvine, 88 Cal.App.5th 1000 (4th Dist. 2023).

Fifth District Court Vacates Trial Court Order Granting SCE’s Motion for Pre-Judgment Possession to Maintain Electronic Transmission Line213

Robinson v. Superior Court of Kern County, 88 Cal.App.5th 1144 (5th Dist. 2023).

Second District Court Reverses Judgment on the Pleadings, Finding Allegations Sufficient under Coastal Act215

Spencer v. City of Palos Verdes Estates, ___Cal.App.5th___, Case No. B309225 (2nd Dist. Feb. 27, 2023).

Third District Court Grants Anti-Slapp Motion to Strike Malicious Prosecution Action in Water Rights Quiet Title Case218

Water for Citizens of Weed California v. Churchwell White LLP, ___Cal.App.5th___Case No. C093421 (3rd Dist. Feb. 9, 2023).