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California Land Use Law & Policy Reporter

January 2025

Volume 34, Number 4 January 2025

LAND USE NEWS

Governor’s Office of Land Use and Climate Innovation Awards $9.4 Million for Local Governments and Community-based Organizations to Combat

Extreme Heat and Build Community Resilience95

REGULATORY DEVELOPMENTS

U.S. Fish and Wildlife Service Issues Biological Opinion for Long Term

Water Project Operations97

Bay Conservation and Development Commission Publishes Regional Shoreline Adaptation Plan Implementation98

LAWSUITS FILED OR PENDING

CEQA Lawsuit Filed in Superior Court Against Kern County for Carbon Capture and Storage Project100

Committee for a Better Shafter, et al v. County of Kern, et al, Case No. BCV-24-104003 (Kern County Super. Ct. Nov. 20, 2024).

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Rules in Hotel Development Project that Alleged CEQA Abuses Are Not Actionable under RICO102

Relevant Group, LLC v. Nourmand, 116 F.4th 917 (9th Cir. 2024).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Fourth District Court Rejects Motions Challenging Court-Created Agency’s Budget Adoption for CEQA First-Tier Review Lead Agency104

Chino Basin Municipal Water District v. City of Ontario, Unpub. Case No. E080533 (4th Dist. Nov. 12, 2024).

Fourth District Court Rejects CEQA Challenge to Coastal Development Permit as Moot108

Midler v. City of San Diego, Unpub., Case No. D082495 (4th Dist. Nov. 22, 2024).

First District Court Overturns Environmental Impact Report for Lake County Resort Over Wildfire Risk Concerns111

People ex rel. Bonta v. County of Lake, 105 Cal.App.5th 1222 (1st Dist. 2024).

Second District Court Upholds EIR For City of Glendale’s Repowering Project113

Sierra Club v. City of Glendale, Unpub., Case No. B333632 (2nd Dist. Nov. 27, 2024).

First District Court Addresses the Government Claims Act and the Discovery Rule in the Context of a

Development Project with Bond Financing115

Stead Financial, Inc. v. California Statewide Communities Development Authority, Unpub., Case No. A169218 (1st Dist. Dec. 9, 2024).