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California Land Use Law & Policy Reporter

May 2026

Volume 35, Number 8 May 2026

LAND USE NEWS

California’s Little Hoover Commission Releases Policy Recommendations Relating to Data Center Development and Regulation175

Grassroots Data Center Concerns Move Forward in California and across the Nation176

REGULATORY DEVELOPMENTS

Endangered Species Act “God Squad” Exempts Gulf Oil And Gas Exploration—First “National Security” Exemption in God Squad’s History178

California Department of Water Resources Releases Final Land Subsidence Best Management Practices: Key Regulatory Shifts and Liability Expansions for Groundwater Sustainability Agencies180

Governor Newsom and the Department of Housing and Community Development Issue Notices of Violation to 15 Jurisdictions for Failure to Adopt Compliant Housing Elements181

LAWSUITS FILED OR PENDING

California Files Suit against the City of Poway Alleging CEQA Violations Related to Discovery of Tribal Cultural Resources183

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Assessment of Critical Habitat under the ESA for Threatened Seal

Species185

State of Alaska v. National Marine Fisheries Service; Center for Biological Diversity v. State of Alaska, ___F.4th___, Case Nos. 24-7276, 24-7377 (9th Cir. Mar. 25, 2026).

District Court:

Judicial Confirmation and Federal Water Delivery: District Court Grants Summary Judgment Motions in Favor of Defendants and Westlands Water

District188

North Coast Rivers Alliance v. U.S. Department of the Interior, ___F.Supp.4th___, Case No. 1:16-cv-00307 (E.D. Cal. Mar. 26, 2026).

RECENT CALIFORNIA DECISIONS

Supreme Court:

California Supreme Court Denies Review in Delta Program Bond Validation Case, Clears Way for Delta Conveyance Program Bond Validation

Case190

Department of Water Resources v. Metropolitan Water District of Southern California, 117 Cal.App.5th 751 (3rd Dist. 2025), as modified on denial of reh’g (Jan. 28, 2026), review denied (Apr. 15, 2026)

District Court of Appeal:

Sixteen Years, Three Lawsuits, One Mile of Highway 101: Improvements are Coming? First District Court Precludes Relitigating CEQA Claims191

Bair v. Department of Transportation, ___Cal.App.5th___, Case No. A172681 (1st Dist. Mar. 26, 2026).

Second District Court finds CEQA Fee Awards Survive Pro-Housing Policy Arguments in Inglewood Housing Appeal193

Supporters Alliance for Environmental Responsibility v. City of Inglewood, et al., Unpub., Case No. B345195 (2nd Dist. Mar. 19, 2026).

LEGISTLATIVE UPDATE196