LAND USE NEWS
Biden Administration Announces $300 Million In Bipartisan Infrastructure Law Spending Towards California Water Infrastructure225
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REGULATORY DEVELOPMENTS
U.S. Bureau of Reclamation Releases Supplemental Environmental Impact Statement on Colorado River operations at Lake Mead and Lake Powell228
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Fourth Circuit Upholds Virginia’s Clean Water Act 401 Permit for Natural Gas Pipeline231
Sierra Club v. State Water Control Board, 64 F.4th 187 (4th Cir. Mar. 29, 2023).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
First District Court Affirms Judgment Rejecting CEQA Challenges to Oakland A’s Proposed Ballpark EIR—Addresses Wind Impacts Mitigation233
East Oakland Stadium Alliance v. City of Oakland, ___Cal.App.5th___, Case No. A166221 (1st Dist. Mar. 30, 2023).
Sixth District Court Finds that City’s Failure to Timely Make Mitigation Fee Act Five-Year Findings Necessitates Refund of Unexpended In-Lieu Parking Fees236
Hamilton & High, LLC v. City of Palo Alto, 89 Cal.App.5th 528 (6th Dist. 2023).
Second District Court Upholds Dismissal of Developer’s Anti-SLAPP Motion Against Lawsuit Challenging Mixed Use Project239
Mountaingate Open Space Maintenance Association v. Monteverdi, LLC, Unpub., Case No. B308496 (2nd Dist. Mar. 24, 2023).
First District Court Upholds City’s Rent Board’s
Finding that Costa-Hawkins Act Did Not Exempt Renovated Rental Units from City’s Rent Control Ordinance240
NCR Properties, LLC v. City of Berkeley, 89 Cal.App.5th 39 (1st Dist. 2023).
Second District Court Upholds City’s Determination that Eldercare Facility Qualified for CEQA’s Class 32 ‘Urban Infill’ Exemptinon243
Pacific Palisades Residents Association v. City of Los Angeles, 88 Cal.App.5th 1338 (2nd Dist. 2023).
Fifth District Court Orders Vacating Order of Prejudgment Possession Sought by an Investor-Owned Public Utility—Holds Public Utility Was Not Required to Comply with CEQA246
Robinson v. Superior Court of Kern County, 88 Cal.App.5th 1144 (5th Dist. 2023).
First District Court Holds Inverse Claim for Alleged Failure of Subdivision Drainage Improvements Not Accepted by the County249
Shenson v. County of Contra Costa ___Cal.App.5th___, Case No. A164045 (1st Dist. Mar. 30, 2023).
LEGISLATIVE UPDATE253
