FEATURE ARTICLE
Statewide Initiative Seeks to Constrain Judicial Review and Streamline CEQA Permitting for “Essential Projects” by Blaine R. Dyas, Esq., Remy Moose Manley, Sacramento59
LAND USE NEWS
California Indian Tribe Reclaims Tule River63
Suisun City Accepts California Forever’s Application for the Area
Expansion Project64
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Affirms Clean Water Act Citizen Suits Must Be Forward-Looking—Environmental Group’s Claims Mooted Based on Discharger’s Subsequent Receipt of NPDES Permit66
Coastal Environmental Rights Foundation v. Naples Restaurant Group, LLC, Unpub., Case No. 23-55469 (9th Cir. Nov. 5, 2025).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
First District Court Upholds Broad Local Discretion in Declaring Surplus Land Under the Surplus Land Act68
Airport Business Center v. City of Santa Rosa, ___Cal.App.5th___, Case No. A170967 (1st Dist. Nov. 26, 2025).
When CEQA Meets the Playground: Second District Court Finds City Failed to Seriously Consider Cumulative Impacts to Air Quality70
Long Beach Unified School District v. City of Long Beach, Unpub., Case No. B341444 (2nd Dist. Oct. 7, 2025).
Second District Court Finds Overlay Zoning District Cannot Be Used to Guarantee Minimum Residential Density Requirements under Housing Element
Law72
New Commune DTLA LLC v. City of Redondo Beach, ___Cal.App.5th___, Case No. B336042 (2nd Dist. Oct. 10, 2025).
Second District Court Stops Lease Forfeiture—Lease Was Not for “Agricultural Purposes” Simply Because Lessee Used Cattle Grazing as Wildfire Mitigation Strategy74
Pacho Limited Partnership v. Eureka Energy Company, ___Cal.App.5th___, Case No. B332160 (2nd Dist. Oct. 27, 2025).
Second District Court Affirms Enforceability of Density Bonus Covenant Despite Foreclosure75
Rodriguez v. City of Los Angeles, ___Cal.App.5th___, Case Nos. B337221, B341105 (2nd Dist. Nov. 26, 2025).
Fourth District Court Finds San Diego Voter Initiative Violated CEQA Yet Again77
Save Our Access v. City of San Diego, 115 Cal.App.5th 388 (4th Dit. 2025).
Third District Court Finds the Delta Reform Act Does Not Require DWR to Submit a Certification of Consistency Before Engaging in Preconstruction Geotechnical Work78
Tulare Lake Basin Water Storage Dist. v. Department of Water Resources, ___Cal.App.5th___, Case No. C101878 (3rd Dist. Oct. 17, 2025).
LEGISLATIVE UPDATE—2025 YEAR-END WRAP UP81
