California Attorney General Rob Bonta responded to the recent decision by the U.S. Court of Appeals for the Ninth Circuit regarding Huntington Beach’s federal challenge to state housing laws. The decision denied the city’s petition for rehearing en banc. Previously, on October 30, 2024, a three-judge panel from the Ninth Circuit upheld the district court's dismissal of the lawsuit.
The City of Huntington Beach sought for the full Ninth Circuit to review the case, but according to the court, the request “failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration.” This decision upholds the Ninth Circuit’s previous ruling.
Attorney General Bonta expressed approval of the court’s decision: “We are pleased that Huntington Beach’s latest attempt to exempt itself from our state’s housing laws has failed. All along, Governor Newsom and I have asserted that the City’s federal lawsuit is meritless and a waste of the public’s money.”
Bonta reiterated the expectation that Huntington Beach must adhere to its "legal obligation to build its fair share of housing" like any other city in California. He stated, “We will be closely monitoring what the City decides to do next. Our state lawsuit against Huntington Beach is also on appeal. We remain confident we will prevail there, too.”
A copy of the decision is available for public review.