FEATURE ARTICLE
California’s Third District Court of Appeal Affirms Denial of Writ Petition Challenging Community Master Plan EIR Climate Change Emissions Analysis Methodology by Boyd Hill, Esq., Jackson Tidus, A Law Corporation, Irvine, California45
REGULATORY DEVELOPMENTS
Water Recycling and Desalination Projects Receive Nearly $29 Million Investment from U.S. Bureau of Reclamation51
RECENT FEDERAL DECISIONS
U.S. Supreme Court:
U.S. Supreme Court Upholds Ninth Circuit Ruling in San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District Regarding Water Releases from Dams to Comply with the ESA53
Circuit Court of Appeals:
Fifth Circuit Upholds U.S. Army Corps of Engineers’ Clean Water Act 404 Permit for Liquid Natural Gas Project54
Healthy Gulf v. United States Army Corps of Engineers, 81 F.4th 510 (5th Cir. 2023).
District Court:
District Court Finds U.S. Forest Service Failed to Adequately Address Environmental Impacts from Amendments to Tree-Removal Standards in National Forests55
Greater Hells Canyon Council v. Wilkes, ___F.Supp.4th___, Case No. 2:22-cv-00859-HL (D. Or. Aug. 31, 2023).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Second District Court Finds County’s Removal of Unpermitted Public Roadway Encroachments Exempt from CEQA Review58
Anderson v. County of Santa Barbara, 94 Cal.App.5th 554 (2nd Dist. 2023).
Fourth District Court Denies CEQA Petition Challenging San Diego’s Multi-Family Residential Parking Reduction Ordinance60
CREED-21 v. City of San Diego, Unpub., Case No. D080410 (4th Dist. Sept. 26, 2023).
First District Court Upholds Reduced Attorneys’ Fee Award to Partially Successful CEQA Pet-
itioner63
Friends of Muir Woods Park v. The County of Marin, Unpub., Case No. A166427 (1st Dist. Sept. 20, 2023).
Third District Court Rejects Department of Public Health’s Approval of Syringe Exchange Program for Failure to Comply with H&S Code Section
12134965
Grant Park Neighborhood Association Advocates v. Department of Public Health, 94 Cal.App.5th 478 (3rd Dist. 2023).
Second District Court Holds City Ordinance that Reduced Allowed Floor Area Ratios for Single-Family Residences Violated the Housing Crisis
Act67
Yes In My Back Yard, et al. v. City of Culver City, et al., ___Cal.App.5th___, Case Nos. B321477, B325606 (2nd Dist. Oct. 27, 2023).
LEGISLATIVE UPDATE70
