FEATURE ARTICLE
California’s First District Court of Appeal Affirms Remand Judgment that includes Housing Accountability Act Remedies Sought but Not Considered by Prior Court of Appeal Decision by Boyd Hill, Esq., Jackson Tidus, Irvine, California267
REGULATORY DEVELOPMENTS
Department of Water Resources Approves 12 Groundwater Sustainability Plans for Non-Critically Overdrafted Basins270
RECENT FEDERAL DECISIONS
U.S. Supreme Court:
U.S. Supreme Court Upends Current Wetlands Determinations—Sackett v. EPA272
Sackett v EPA, Case No. 21-454, ___U.S.___ (May 25, 2023).
Circuit Court of Appeals:
Ninth Circuit Holds City of Berkeley’s Natural Gas Piping Installation Ban within Newly Constructed Buildings is Preempted by Federal Law273
California Restaurant Association v. City of Berkeley, 65 F.4th 1045 (9th Cir. 2023).
Ninth Circuit Finds FAA Failed to Take Requisite ‘Hard Look” under NEPA at Noise Impacts from Airport Terminal Replacement Project275
City of Los Angeles v. Federal Aviation Administration, ___F.4th___, Case No. 21-71170 (9th Cir. Mar. 29, 2023).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Third District Court Finds Reimbursement Agreements between City and Former Redevelopment Agency were ‘Enforceable Obligations’ Surviving Dissolution Laws277
City of Chula Vista v. Stephenshaw, ___Cal.App.5th___, Case No. C094237 (3rd Dist. Apr. 14, 2023, Modified May 10, 2023).
First District Court Reverses Granting of Anti-Slapp Motion by Named Real Party in Interest Who Objected to the Project and Its Environmental Re-
view278
Durkin v. City and County of San Francisco, ___Cal.App.5th___, Case No. A163639 (1st Dist. Apr. 14, 2023).
Second District Court Affirms Denial of Motion to Intervene by the California Coastal Commission in Challenge to Coastal Development Permit for Off Highway Vehicles281
Friends of Oceano Dunes v. California Coastal Commission, ___Cal.App.5th___, Case No. B320491 (2nd Dist. Apr. 20, 2023).
Sixth District Court finds City’s Failure to Timely Make Mitigation Fee Act Five-Year Findings Necessitates Refund of Unexpended In-Lieu Parking
Fees283
Hamilton & High, LLC v. City of Palo Alto, 89 Cal.App.5th 528 (6th Dist. 2023).
LEGISLATIVE UPDATE287
