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California Land Use Law & Policy Reporter

April 2026

Volume 35, Number 7 April 2026

FEATURE ARTICLE

Lawsuits Challenging San Francisco’s ‘Family Zoning Plan’ Could Pave the Way for Greater Density by Braeden Mansouri, Esq., Jackson Tidus, a Law Corporation, Irvine, California149

REGULATORY DEVELOPMENTS

California Fish and Game Commission Expands Protections for Mountain Lions on California’s Central Coast and Southern Regions152

LAWSUITS FILED OR PENDING

Environmental Advocacy Organizations Challenge U.S. Department of the Interior’s Delay of ESA Monarch Butterfly Listing154

Environmental Groups File Lawsuit Challenging Trump Administration’s Implementation of ‘Action 5’ Plan for the Central Valley Project155

RECENT FEDERAL DECISIONS

U.S. Supreme Court:

Federalism and California Housing Laws—U.S. Supreme Court Denies

Writ of Certiorari Leaving the Lower Court Decisions Stand Upholding California’s Housing Laws157

City of Huntington Beach v. Gavin Newsom, et al., ___F.4th___, Case No. 23-3694 (9th Cir. Oct. 30, 2024); Case No. 8:23-cv-00421-FWS-ADS (C.D. Cal.).

Circuit Court of Appeals:

Ninth Circuit Finds EPA Violated Section 7 of the ESA by Failing to Consult with Fish and Wildlife Service Before Promulgating Clean Water Act Water Quality Criteria for Cadmium159

Center for Biological Diversity v. United States Environmental Protection Agency, ___F.4th___, Case No 23-2946 (9th Cir., Mar. 3, 2026).

District Court:

U.S. District Court Rejects Takings Claims against City by Homeowner Claiming Adjacent Residential Development Subjected the City to Liability by Virtue of Its Approval of That Project160

De La Cruz v. City of Los Angeles, ___F.Supp.4th___, Case No. CV-24-____ (C.D. Cal. Feb. 5, 2026).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Second District Court Addressed the Intersection of the California Emergency Services Act and Municipal Code: Upholds Mayor’s Authority to Declare a Housing and Homelessness Emergency in Los Angeles163

Fix the City, Inc. v. City of Los Angeles, et al., ___Cal.App.5th___, Case No. B339464 (2nd Dist. Feb. 27, 2026).

Third District Court Clarifies Use of Catalyst Theory in Obtaining Fee Awards164

Physicians for Social Responsibility Los Angeles v. Department of Toxic Substances Control, 118 Cal.App.5th 1071 (3rd Dist. 2026).

LEGISTLATIVE UPDATE166