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Client Alerts

2019

Municipal and Special District Law

First Amendment

  • President Trump’s Blocking of Followers on Twitter Found Unconstitutional by Second CircuitJuly 15, 2019In the highly anticipated case involving President Trump’s Twitter account, the U.S. Court of Appeals for the Second Circuit found that the President’s blocking of followers on his @realDonaldTrump account was unconstitutional viewpoint based discrimination. In its unanimous July 9, 2019 opinion in Knight First Amendment Institute v. Donald J. Trump, the Second Circuit affirmed the ... read more
  • Social Media & Government: What Are the New Rules of Engagement?May 2, 2019Government entities and elected officials are becoming more accessible and connected to constituents through the ubiquitous use of social media, email, text messaging and other communication technologies. The 21st century question is what may government entities and elected officials do and not do to block or otherwise regulate the public’s participation in their social media accounts? Part of ... read more

Land Use and Environmental Law

  • U.S. Supreme Court Changes 30 Years of Takings LawJune 25, 2019On June 21, in a 5-4 decision, the U.S. Supreme Court overruled the 34-year old precedent of Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City (1985) 473 U.S. 172 (“Williamson County”) in holding that a plaintiff seeking just compensation for an alleged taking under the Fifth Amendment of the U.S. Constitution does not need to first have the ... read more
  • California Supreme Court Establishes CEQA Rules for EIR’s Discussion of Health EffectsJanuary 9, 2019In an important CEQA case, the California Supreme Court ruled that courts reviewing claims that an Environmental Impact Report (EIR) inadequately discusses environmental impacts must determine whether the EIR “includes sufficient detail” to support informed decisionmaking and public participation. The court also held an EIR must make “a reasonable effort to substantively connect a ... read more

Labor and Employment

Environmental Law

  • EPA’s New Action Plan: Urgent Next Steps for the Regulated CommunityFebruary 25, 2019In response to increasing concerns regarding contamination from potential exposure to per- and polyfluroalkyl substances (PFAS), the U.S. Environmental Protection Agency has now released its PFAS Action Plan. The Plan affects thousands of PFAS substances that have been manufactured since the 1940s, used most prominently in products such as fire-fighting foams, non-stick cookware, food packaging, ... read more

Economic Development, Real Estate and Housing

  • California’s Density Bonus Law: 2019 UpdateJanuary 16, 2019California’s Density Bonus Law provides housing developers with powerful tools to encourage the development of much needed affordable and senior housing, including the right to build up to 35% more homes, and other favorable local development requirements. In 2018, the California Legislature approved four bills that expanded the density bonus to a wider range of housing projects and ... read more