Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

California Land Use Law & Policy Reporter

May 2023

Volume 32, Number 8 May 2023


Biden Administration Announces $300 Million In Bipartisan Infrastructure Law Spending Towards California Water Infrastructure225



U.S. Bureau of Reclamation Releases Supplemental Environmental Impact Statement on Colorado River operations at Lake Mead and Lake Powell228


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).


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).