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California Land Use Law & Policy Reporter

February 2024

Volume 33, Number 5 February 2024


Governor’s Office of Planning and Research Issues Guidance Letter Regarding Senate Bill 69157


California State Water Resources Control Board Re-Adopts Emergency Regulations for the Shasta and Scott Rivers to Protect Salmon158


SF Baykeeper Files Suit Against the Fish and Wildlife Service Seeking ESA Listing of the Longfin Smelt160


Circuit Court of Appeals:

Divided Ninth Circuit Reaffirms Decision that Berkeley’s Ban on Natural Gas Piping Installations in New Construction is Federally Preempted162

California Restaurant Association v. City of Berkeley, ___F.4th___, Case No. 21-16278 (9th Cir. Jan. 2, 2024).


District Court of Appeal:

First District Court Upholds Judgment in Eminent Domain Proceeding Involving the Condemnation of a Portion of Golden Gate Fields Racetrack


East Bay Regional Park District v. Golden Gate Land Holdings, LLC, Unpub., Case No. A15010 (1st Dist. Nov. 21, 2023).

First District Court Denies Petition Challenging Project Approval’s Compliance with CEQA Settlement Agreement167

Green Tree Headlands, LLC v. City of Sausalito, Unpub., Case A167054 (1st Dist. Dec. 11, 2023).

First District Court Rejects Petition Challenging City’s Approval of Private Residential Pier and Boat


INJ, LLC v. City of Belvedere, Unpub., Case No. A164314 (1st Dist. Nov. 22, 2023).

Fifth District Court Upholds Granting of Anti-SLAPP Motion Filed by City Councilmember Alleging Plaintiff Improperly Interfered with Development172

Noordewier v. Murdoch, Unpub., Case No. F084693, (5th Dist. Dec. 21, 2023).

First District Court Upholds Injunction and Penalty Order for Unpermitted Conversion of Marsh Area for Kiteboarding Facility174

People ex rel. San Francisco Bay Conservation and Development Commission v. Sweeney, Unpub., Case No. A166565 (1st Dist. Dec. 8, 2023).

Sixth District Court Dismisses Appeal of Writ Petition Denial Challenging Coastal Commission Condition for Development Permit176

Pietro Family Investments, LP v. California Coastal Commission, ___Cal.App.5th___, Case No. H049920 (6th Dist. Dec. 18, 2023).

Third District Court Affirms Dismissal of Declaratory Relief Action for Failure to Exhaust Administrative Remedy in Surface Mining and Reclamation


Swenson v. County of Siskyou, Unpub., Case No. CO96942 (3rd Dist. Dec. 27, 2023).