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Client Alerts

2017

Environmental Law

  • Forecast for the “Waters of the US” Rule? Very MuddyMarch 10, 2017Resembling more of a Shakespearean tragedy than a mundane federal regulatory dispute, efforts by the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to finally craft a regulation clarifying the reach of the Clean Water Act (CWA) and re-define "waters of the United States" have been thrown into complete disarray.  Regulated entities, and even the regulators ... read more
  • California Supreme Court’s Decision About Public Records on Private Devices May Impact CEQA Administrative RecordsMarch 9, 2017On March 2, 2017, the California Supreme Court issued the City of San Jose decision, ruling that e-mails and text messages about the conduct of public business are subject to disclosure under the California Public Records Act ("CPRA"), even if they are sent or received on the private electronic devices or personal accounts of public officials or their staffs.  Please see Meyers Nave's review of ... read more
  • California Senators Introduce Environmental Bills to Counter Potential Rollbacks from Trump AdministrationFebruary 28, 2017California Senators recently unveiled three bills intended to work around the Trump Administration's expected rollback of decades-old federal environmental, natural resources, and public health laws. SB 49 would make current federal clean air, clean water, endangered species, climate, and worker safety standards enforceable under state law, and would also authorize citizen suits under state law ... read more
  • State Water Board Extends Water Conservation Regulations and Makes Minor AmendmentsFebruary 17, 2017The State Water Resources Control Board voted on February 8 to extend its existing water conservation regulations for an additional 270 days, until the Governor lifts the drought emergency proclamation or the State Water Board determines that the emergency regulations should be modified or rescinded.  Many public commenters urged the Board to allow the regulations to expire on February 28, 2017, ... read more

California Public Records Act

Municipal and Special District Law

  • Update on Local Government Challenges in Implementing Proposition 64March 2, 2017Recently, the California Assembly's Committee on Local Government held an informational hearing titled "How Local Governments are Implementing Proposition 64 - the Adult Use of Marijuana Act (AUMA)."  The purpose was to learn how cities and counties are preparing to implement Proposition 64 and to discuss challenges they may face while developing and administering their rules for marijuana ... read more

Trial and Litigation

  • Court of Appeal Holds Anti-SLAPP Statute Protects Speech in the Context of Artistic CreationFebruary 16, 2017The Second District Court of Appeal last week affirmed a lower court's ruling granting actor and comedian Marlon Wayans' anti-SLAPP motion in a case involving alleged racial harassment on the set of his movie.  The decision extends the reach of California's anti-SLAPP statute to protect racially charged language made as part of the creative process even where the comments at issue are directed ... read more

Land Use

  • California Supreme Court Takes Up Medical Marijuana CEQA CaseFebruary 14, 2017The California Supreme Court has granted review in Union of Medical Marijuana Patients, Inc. v. City of San Diego, a case that will have broad application to California Environmental Quality Act ("CEQA") review of zoning ordinances, and a more narrow application to the CEQA review of zoning of marijuana establishments. With the recent passage of Proposition 64, the Adult Use of Marijuana Act, how ... read more

Climate Change and Green Initiatives

  • State Releases Scoping Plan Update to Meet New 2030 GHG Reduction GoalFebruary 7, 2017The California Air Resources Board (CARB) has released its draft 2017 Climate Change Scoping Plan Update to meet the new State greenhouse gas (GHG) reduction goal under SB 32 of 40% below 1990 emission levels by 2030.  The Plan builds on the regulations under the existing Scoping Plan adopted to implement the State's 2020 goal to reduce GHG emissions to 1990 levels.  The 2030 goal is ... read more
  • BAAQMD Releases Comprehensive Plan for Addressing Air Pollution and Climate ChangeJanuary 26, 2017The Bay Area Air Quality Management District ("BAAQMD") has released a draft Clean Air Plan 2017.  The Plan addresses air pollutants, public health and climate change.  Of particular note, the Plan includes a 2050 target of an 80% reduction below 1990 levels for the Bay Area's greenhouse gases ("GHG") emissions.  This is beyond the recently enacted State goal under SB 32 of a 40% reduction ... read more