In Snowball West Investments L.P. v. City of Los Angeles (2023) 96 Cal.App.5th 1054, the Second District Court of Appeal addressed the “rezoning exemption” of the Housing Accountability Act (HAA), finding that a housing project was required to comply with a zoning density limit even though the applicable general plan allowed for higher residential
Los Angeles
California Appeals Court Rules that State Water Board’s Duty to Prevent Waste and Unreasonable Use of Water is “Highly Discretionary”
On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate its duty to prevent waste and unreasonable use of water when it declined to investigate wastewater discharges from four Los Angeles area Publicly Owned Treatment Works (“POTWs”). The Court found that the State Water Board’s duty under state law to prevent waste and unreasonable use of water is “highly discretionary” and does not require an investigation or assessment of every allegation of unreasonable use. (Los Angeles Waterkeeper v. State Water Resources Control Board (2023)__Cal.App.5th__)
Ninth Circuit Rejects NEPA Challenges to Los Angeles Metro’s Light Rail Extension Project
In Japanese Village, LLC v. Federal Transit Administration, 2016 U.S. App. LEXIS 21700, the Ninth Circuit affirmed the district court’s rulings and rejected NEPA challenges to the Los Angeles Metropolitan Transportation Authority’s (“Metro”) approval for a 1.9-mile light rail extension line in downtown Los Angeles. The project was proposed to be funded by the…