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Client Alerts


Labor and Employment

Land Use

  • Appellate Court Clarifies Parameters of Describing a “Project” Under CEQAAugust 28, 2019The California Environmental Quality Act (“CEQA”) requires that an Environmental Impact Report (“EIR”), or other environmental review document, must describe and analyze the impacts of a project – and the project itself must be consistently described, throughout the process of local agency consideration, in terms that are “accurate,” “stable” and “finite.” Local agencies ... read more
  • California Supreme Court Clarifies What Constitutes a “Project” Under CEQAAugust 20, 2019In a decision released on August 19, Union of Medical Marijuana Patients, Inc. v. City of San Diego, the California Supreme Court addressed the definition of a “project” under the California Environmental Quality Act (“CEQA”) and clarified the appropriate scope of review for when an activity constitutes a “project.” As a practical matter, the decision will likely result in ... read more

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

Municipal and Special District Law

Environmental Law

  • EPA’s New PFAS 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