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California Land Use Law & Policy Reporter

November 2023

Volume 33, Number 2 November 2023


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


Water Recycling and Desalination Projects Receive Nearly $29 Million Investment from U.S. Bureau of Reclamation51


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).


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-


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


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


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).