Attorney General Bonta Issues Statement on Denial of En Banc Review in Huntington Beach’s Federal Challenge to State Housing Laws

OAKLAND — California Attorney General Rob Bonta today issued the following statement in response to the decision by the U.S. Court of Appeals for the Ninth Circuit to deny the City of Huntington Beach’s petition for rehearing en banc in its federal lawsuit challenging the constitutionality of certain California housing laws. On October 30, 2024, a three-judge panel of the Ninth Circuit unanimously affirmed the district court’s dismissal of Huntington Beach’s federal lawsuit. The City subsequently petitioned for rehearing en banc, so that the full Ninth Circuit could hear its federal lawsuit. Today’s order notes that “[t]he matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration.” This leaves in place the Ninth Circuit’s October 30, 2024 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,” said Attorney General Bonta. “Like every other city in California, Huntington Beach has a legal obligation to build its fair share of housing. 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 can be found here.