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California Land Use Law & Policy Reporter

October 2023

Volume 33, Number 1 October 2023


U.S. EPA Enters into Settlement Agreement to Further Assess Pesticide Risks to Threatened and Endangered Species3


California State Assembly Approves AB 1572 to Ban Use of Potable Water on Non-Functional Turf Beginning in 20275


‘Waters of the United States’ Redefined—EPA and the Corps Issue Conforming WOTUS Rule in Wake of the Sackett Decision Narrowing the ‘Reach’ of the Clean Water Act7

U.S. Bureau of Reclamation Receives Scoping Comments on Post-2026 Colorado River Operations10


Circuit Court of Appeals:

D.C. Circuit Finds U.S. Surface Transportation Board Failed to Take a ‘Hard Look’ at Utah Oil Rail Project’s Environmental Impacts under


Eagle County, Colorado v. U.S. Surface Transportation Board et al., ___F.4th___, Case No. 22-1019 (D.C. Cir. 2023); Center for Biological Diversity et al. v. U.S. Surface Transportation Board et al., ___F.4th___, Case No. 22-1020 (D.C. Cir. 2023).


District Court of Appeal:

Second District Court Finds CEQA is Not a Valid Basis to Interfere with County’s Removal of Unpermitted Encroachments Placed in Public Road-


Anderson v. County of Santa Barbara, 94 Cal.App.5th 554 (2nd Dist. 2023).

Second District Court Affirms Coastal Commission’s Appellate Authority to Overturn Local Coastal Program Decision to Relocate Historic Coastal Re-


Cave Landing, LLC v. California Coastal Commission, ___Cal.App.5th___, Case No. B322976 (2nd Dist. Aug. 18, 2023).

Second District Court Finds Short Term Rentals Are Not Per Se Development under the Coastal Act, without an Accompanying Change in Use under Zoning Code18

Coastal Protection Alliance, Inc. v. AIRBNB, Inc., ___Cal.App.5th___, Case No. B317485 (2nd Dist. Sept. 5, 2023).

Third District Court Finds California Department of Public Health Syringe Exchange Program Failed to Comply with Statutory Notice and Consultation Requirements20

Grant Park Neighborhood Association Advocates v. Department of Public Health, 94 Cal.App.5th 478 (3rd Dist. 2023).

Fourth District Court Finds Trial Court Exceeded Its Jurisdiction by Failing to Discharge CEQA Writ After City Complied with Mandate.229

McCann v. City of San Diego, 94 Cal.App.5th 284 (4th Dist. 2023).

Noisy Trojans? Second District Court Overturns Class 32 CEQA Exemption for USC Student Housing Project Due to Noise Impacts from Rooftop Decks24

West Adams Heritage Association v. City of Los Angeles, Unpub., Case No. B319121 (2nd Dist. Aug. 10, 2023).