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California Land Use Law & Policy Reporter

July 2023

Volume 32, Number 10 July 2023


SCOTUS Limits WOTUS: Jurisdictional Waters and Wetlands under the Clean Water Act Must Be Relatively Permanent, Standing, or Continuously Flowing Bodies of Water by Nicole Granquist, Esq. and Jaycee Dean, Esq., Downey Brand, LLP, Sacramento299


Governor Newsom Signs Executive Order that May Benefit Water Storage and Infrastructure Projects304


California Drought and Flood Streamlining Trailer Bill: Floodwater Diversion Exception and Drought Control Measures306


National Marine Fisheries Service Maintains Endangered Listing Status for Southern California Steelhead308


U.S. Supreme Court:

U.S. Supreme Court Denies Navajo Nation a Court-Mandated Solution to Water Access310

Arizona et al. v. Navajo Nation, et al, ___U.S.___, Case No. 21-1484 (June 22, 2023).


District Court of Appeal:

First District Court Affirms UC Berkeley EIR Analysis of Shading, Vibration and Wildfire Potential Environmental Impacts314

Berkeley Citizens for a Better Plan v. Regents of University of California, ___Cal.App.5th___, Case No. A166164 (1st Dist. May 5, 2023).

First District Court Finds EIR’s Wildfire Fuel Management Project Descriptions Need Not Include a Tree-By-Tree Inventory316

Claremont Canyon Conservancy v. Regents of the University of California, ___Cal.App.5th___, Case No. A165012 (1st Dist. June 9, 2023).

Second District Court Affirms Denial of Writ to Restore Father Junipero Serra Replica Statue on the Basis It Is Not an Historical Landmark318

Coalition for Historic Integrity v. City of San Buenaventura, ___Cal.App.5th ___, Case No. B319536 (2nd Dist. May 12, 2023).

Second District Court Upholds Water Code Exemption—Rejects Attempt to Expand CEQA Review to Regional Water Board Approval of Waste Discharge Permits320

Los Angeles Waterkeeper v. State Water Resources Control Board, ___Cal.App.5th___, Case No. B309151 (4th Dist. June 2, 2023).

In the Face of CEQA Challenges, Fourth District Court Upholds Housing Project on Parking Lot Used by Adjacent Commercial Property Owner322

Olen Properties Corp v. City of Newport Beach, Unpub., Case No. G061427 (4th Dist. June 8, 2023).

Fifth District Court Waters Down Preliminary Injunction Standard in CEQA Cases324

Tulare Lake Canal Co. v. Stratford Public Utilities District, ___Cal.App.5th___, Case No. F084228 (5th Dist. June 7, 2023).

Superior Court:

Trial Court Upholds Senate Bill 1439, which Bill Contains Restrictions on Campaign Contributions to Local Elected Officials327

Family Business Association of California v. Fair Political Practices Commission, Case No. 34-2023-00335169-CU-MC-GDS (Sac County Super. Ct. May 25, 2023).