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California Land Use Law & Policy Reporter

April 2024

Volume 33, Number 7 April 2024

FEATURE ARTICLE

Fourth District Court Finds Streamlined Review Process under CEQA Guidelines Section 15183 Applied to Industrial Facility that Was Consistent with General Plan Update EIR by Bridget McDonald, Esq., Remy Moose Manley, LLP, Sacramento219

REGULATORY DEVELOPMENTS

U.S. Bureau of Reclamation Releases a Final Supplemental Environmental Impact Statement for the Near-Term Operation of the Lower Colorado River Watershed223

California Public Utilities Commission Establishes Its Senate Bill 884 Expedited Undergrounding Program for Power Lines224

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Vacates Judgment Finding Former Interior Secretary’s Order Lifting Coal Moratorium Moots NEPA Claim Because Current Secretary of State Revoked the Previous Order226

Citizens for Clean Energy v. U.S. Department of the Interior, Unpub., Case No. 22-35789 (9th Cir. Feb. 21, 2024).

Ninth Circuit Reverses Dismissal of Mobile Home Park’s Pre-Enforcement Challenge to Assembly Bill 978227

Peace Ranch, LLC v. Bonta, 93 F.4th 482 (9th Cir. 2024).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Second District Court Determines ‘Most’ Attached ADU Projects Are Not Subject to CDP Requirements under the Coastal Act or Local Coastal

Program230

Riddick, et al. v. City of Malibu, et al., ___Cal.5th___, Case No. No. B323731 (2nd Dist. Feb. 1, 2024, as modified Feb. 22, 2024).

Second District CourtFinds the Coastal Commission Had Jurisdiction and Did Not Abuse Its Discretion in Finding a Project Inconsistent with a Local Coastal Plan232

Shear Development Co., LLC v. California Coastal Commission, Unpub., Case No. B319895 (2nd Dist. Feb. 21, 2024).

Sixth District Court Upholds Decision to Dismiss CEQA Action For Failure to Timely File a Request for Hearing Pursuant to Public Resources Code Section 21167.4234

Steinbruner v. Soquel Creek Water District et al., Unpub., Case No. H050093 (6th Dist. Feb. 5, 2024).

Third District Court Finds City Complied with Its Cannabis Ordinance in Challenge over Selection

Process by Applicant235

TMG Placerville LLC v. City of Placerville, Unpub., Case No. C095605 (3rd Dist. Feb. 16, 2024).

LEGISLATIVE UPDATE237