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Client Alerts

2015

Environmental Law

  • CA Supreme Court Issues Major Ruling on “CEQA-In-Reverse”December 26, 2015A significant outstanding issue under the California Environmental Quality Act (CEQA) is whether the analysis of the impact of existing environmental conditions on a proposed project is required. Since the central purpose of CEQA is to analyze a project's adverse impact on the environment, this issue has been called "CEQA-In-Reverse". In California Building Industry Association v. Bay Area ... read more
  • CA Supreme Court Issues Major Decision Regarding Mitigation for Impacts on Protected Species Under CEQADecember 11, 2015In Center for Biological Diversity v. California Department of Fish and Game (11/30/2015), the California Supreme Court set aside California Department of Fish and Wildlife's ("DFW") approval of an environmental impact report ("EIR") for the proposed Newhall Ranch development, a planned community that would house 58,000 people on nearly 12,000 acres along the Santa Clara River. The ... read more
  • Appellate Court Rules on CA Supreme Court’s Seminal CEQA “Unusual Circumstances Exception” CaseOctober 19, 2015In Berkeley Hillside Preservation v. City of Berkeley (Oct. 15, 2015), __ Cal.App.4th __, the First District of the California Courts of Appeal applied the Supreme Court’s landmark decision on remand, and found that substantial evidence supported the City of Berkeley’s finding that a project was categorically exempt from further CEQA review.  Earlier this year, the Supreme Court ... read more
  • SJVAPCD Adopts Stricter Health Risk Calculation Methods; Strives To Avoid Unnecessary Barriers to DevelopmentJuly 23, 2015The San Joaquin Valley Air Pollution Control District (SJVAPCD, or "District") has adopted changes to the methodology it uses to assess health risks from development projects' air pollution emissions, and the thresholds it uses to determine whether such projects' cancer risk is "significant" under the California Environmental Quality Act, or CEQA. These changes, which increase the likelihood of ... read more

Trial and Litigation

California Drought – Legal Services & Resources

Land Use

Special District Operation

  • Appellate Court Says Accidental Disclosure of Documents Does Not Waive PrivilegesAugust 24, 2015A California appellate court recently held that, when a public agency inadvertently releases documents protected by the attorney-client privilege or attorney work product privilege in response to a request under the California Public Records Act ("CPRA," Government Code §§ 6250 et seq.), the release does not waive the privileges. (Newark Unified School District v. Superior Court of Alameda ... read more

Writs and Appeals

  • City of Sacramento Beats All Challenges to New $477 Million Downtown Sports ArenaAugust 21, 2015Cities, counties and private enterprises throughout the U.S., particularly in California, are competing to recruit and retain professional sports teams. The decisive factor in nearly every proposed deal is providing a new multi-million dollar sports arena. As the City of Sacramento experienced during the past four years, the planning, approval, environmental review, financing, construction and ... read more

Municipal and Special District Law

First Amendment

California Public Records Act

Public Contracts

  • Public Agencies Cannot Withhold Retention Over Contract Price DisputeFebruary 4, 2015In FTR International, Inc. v. Rio School District, case number B238618, the Court of Appeal, Second Appellate District, affirmed, in part, a trial judgment against Rio School District (“District”) for improperly withholding retention funds due to a dispute between the contract price resulting from approximately 150 proposed change orders by FTR International, Inc. (“FTR”). The ... read more

Labor and Employment