Client Alerts
2020
Environmental Law
- US Department of Transportation Proposes Updated NEPA Procedures Adding Streamlining and Efficiency MeasuresDecember 18, 2020The United States Department of Transportation (DOT) recently issued a notice of proposed rulemaking to update its environmental review procedures to include streamlining and other efficiency provisions. The new rules propose a comprehensive update of DOT Order 5610.1C, ... read more
- Emergency Declarations vs. Environmental Laws: Ninth Circuit Blocks Use of Defense Funding for Border Wall ConstructionOctober 20, 2020A federal court of appeal has blocked President Donald Trump’s efforts to build a border wall using military funds and circumventing compliance with environmental laws and regulations. The Ninth Circuit ruled on October 9, 2020 that the Trump administration improperly ordered the diversion of $3.6 billion in defense funding for the construction of border wall projects in California, Arizona, ... read more
- New Two-Year CEQA Exemption Aims To Fast Track Transportation ProjectsOctober 1, 2020A new bill enacted by the California legislature provides an opportunity to speed up approval of new and stalled transportation projects by limiting environmental review requirements. The legislation adds a new exemption to the California Environmental Quality Act (CEQA) for sustainable transit projects, including new projects that would be built in existing public rights-of-way. Quickly ... read more
- Appellate Court Rules on Preservation of Documents and Discovery Relating to Administrative Records in CEQA LitigationAugust 6, 2020
The Fourth District of the Court of Appeal issued an important opinion on July 30 in Golden Door Properties, LLC v. Superior Court, which involves a public agency’s duties to preserve records under the California Environmental Quality Act (“CEQA”) and the Public Records Act (“PRA”), and the extent of discovery available to plaintiffs in CEQA litigation. ... read more
- New Federal Regulations Aim to Reduce and Streamline NEPA Environmental Review RequirementsJuly 31, 2020The Council on Environmental Quality (“CEQ”) released a broad overhaul of the regulations governing federal environmental review. The revisions reflect the Trump Administration’s continuing efforts to eliminate environmental and regulatory hurdles that delay or limit development of new infrastructure projects. The CEQ’s Final Rule is the first comprehensive update in over 40 years to ... read more
- CEQA Update: Appellate Court Issues Broad Decision on Greenhouse Gas AnalysisJuly 22, 2020In a lengthy and wide ranging decision, the Court of Appeal in Golden Door Properties, LLC v. County of San Diego upheld multiple challenges under the California Environmental Quality Act (“CEQA”) to the County of San Diego’s Climate Action Plan (“CAP”), on the grounds that: (1) a greenhouse gas (“GHG”) mitigation measure adopted under the CAP was insufficient; (2) the ... read more
- White House Executive Order Seeks Acceleration of Infrastructure Projects by Streamlining Compliance with Federal Environmental LawsJune 9, 2020On June 4, President Trump signed an Executive Order (EO) urging federal agencies “to use their lawful emergency authorities” to expedite approvals for transportation and infrastructure projects throughout the country. In ... read more
- COVID-19 Update: Judicial Council Amends Emergency Rule on Statutes of Limitations in CEQA and Land Use CasesJune 1, 2020On May 29, 2020, the Judicial Council approved revisions to Emergency Rule 9 regarding the statutes of limitations for civil cases during the COVID-19 pandemic. The revisions establish different tolling periods for claims that ordinarily have shorter statutes of limitations, such as claims under the California Environmental Quality Act (“CEQA”) and the State Planning and Zoning Law, and those ... read more
- Court Clarifies Subsequent CEQA Review Rules for Post-Approval DecisionsMay 26, 2020The California Court of Appeals, in Willow Glen Trestle Conservancy et al. vs. City of San Jose et al., shed light on the circumstances in which subsequent environmental review is required for an approved project under the California Environmental Quality Act (“CEQA”). The court confirmed that CEQA does not require the lead agency to conduct supplemental environmental review when ... read more
- Clean Water Act Update: SCOTUS’ New “Functional Equivalent” Test and County of Maui vs. EPA’s New Navigable Waters Protection RuleMay 7, 2020The legal force of the federal Clean Water Act continues to move in unpredictable directions with as much frequency as the waters the Act regulates. On April 21 and 23, two waves of change crashed into each other when, respectively, EPA issued its Navigable Waters Protection Rule (85 Fed. Reg. 22250) stating the Act does not cover groundwater and then the U.S. Supreme Court ruled in County of ... read more
- US Supreme Court Expands CERCLA Jurisdiction and PRP DefinitionApril 29, 2020The Supreme Court’s April 20, 2020 decision in Atlantic Richfield Co. v. Christian adds another layer of complexity to the “devilishly difficult statutory provisions” of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The decision opens the door for state courts to hear claims that challenge EPA-approved clean-ups and has the potential to ... read more
- Governor’s Executive Order Temporarily Changes CEQA’s Noticing Procedures, Suspends Tribal Consultation DeadlinesApril 28, 2020Executive Order N-54-20 (“EO N-54-20”), issued by Governor Newsom on April 23, 2020, changes the procedures for posting certain notices under the California Environmental Quality Act and extends the period for tribal consultation, both for a period of 60 days. EO N-54-20 specifically states that ... read more
- New WOTUS Rule Attempts to End 40 Years of AmbiguityJanuary 29, 2020The federal Environmental Protection Agency and the Department of the Army (“agencies”) last week attempted to complete what the U.S. Supreme Court has asked them to do: define “waters of the United States” (“WOTUS”). The New WOTUS Rule is intended to put an end to the nearly 40 years during which ... read more
Labor and Employment
- Newly Adopted Cal/OSHA Emergency Standards Require Immediate Action by California EmployersNovember 30, 2020On November 19, 2020, the California Occupational Safety and Health Standards Board (Cal/OSHA) unanimously adopted emergency temporary standards to protect workers from workplace hazards related to COVID-19.
When do the emergency standards go into effect?
The newly ... read more
- AB 1867: Employers Must Provide COVID-19 Paid Sick Leave for Emergency Responders and Health Care ProvidersSeptember 17, 2020Effective September 19, 2020, Assembly Bill 1867 (codified as Labor Code 248.1), recently signed by the Governor, will require public and private employers to provide up to 80 hours of COVID-19 related supplemental paid sick leave (“COVID-19 Supplemental Paid Sick Leave”) for “emergency responder” and “health care provider” employees who are exempt from the Emergency Paid Sick Leave ... read more
- SCOTUS Rules LGBTQ Workers Protected From Employment DiscriminationJuly 10, 2020In the recent landmark decision of Bostock v. Clayton County, Georgia, the U.S. Supreme Court ruled that an employer who fires an employee merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964, which bars workplace discrimination against individuals with certain protected characteristics, such as race, national origin, religion, and sex. The consequential ... read more
- SB 778 Requires Employers to Provide New Harassment Prevention Training by January 1, 2021January 15, 2020(Advisory Note: anti-harassment policies should also be updated)
When Governor Gavin Newsom signed Senate Bill 778 into law in 2019, he extended by one year the deadline for employers to implement new harassment prevention training requirements. Senate Bill 778 addressed concerns ... read more
- Employers’ Dilemma: Comply Now with New Employment Laws or Wait Out Court Challenges?January 1, 2020California employers enter 2020 facing many new and changed laws after an exceptionally active legislative session in 2019. However, the most difficult decision that many employers will face is whether to take action to immediately comply with some new requirements or wait until recent legal challenges to a few new laws wind their way through the court system and perhaps lead to subsequent ... read more
First Amendment
- SCOTUS Blocks New York’s COVID-19 Limits on Houses of Worship. California is Next for SCOTUS with Harvest Rock Church v. Newsom.November 30, 2020In a 5-4 decision just before midnight on Thanksgiving Eve, the newly configured U.S. Supreme Court issued its ruling in Roman Catholic Diocese v. Cuomo which stays the enforcement of Governor Cuomo’s health and safety restrictions on indoor worship services in the State of New York that capped attendance at 10 or 25 persons in designated geographic zones. In short, the ruling now ... read more
- Roman Catholic Diocese of Brooklyn Asks SCOTUS to Block New York’s COVID-19 Restrictions on Houses of WorshipNovember 13, 2020The Meyers Nave Shelter in Place litigation team provides this important alert to an emergency application filed on November 12 with the U.S. Supreme Court by the Roman Catholic Diocese of Brooklyn seeking an injunction precluding enforcement of New York Governor Cuomo’s limitations on in-person religious services. The filing notes that the New York COVID-19 restriction caps church attendance ... read more
- Federal Judge Dismisses Mega-Gym’s Complaint, Finds No Viable Constitutional Challenge to Public Health OrdersNovember 2, 2020In a closely watched victory for counties, cities and public officials, on October 27 Judge Mendez of the U.S. District Court, Eastern District, granted the County of San Joaquin and the City of Lodi’s joint motion to dismiss in full, without leave to amend, a mega-gym’s challenge to COVID-19 related Public Health Orders that placed limits on its operations. In the hearing in Best ... read more
- Shelter In Place and Reopening Plan Litigation: SCOTUS Again Rejects Request for Emergency Application on Religious Services RestrictionsJuly 30, 2020The 5-4 majority continues to hold as the United States Supreme Court recently denied another request to stay enforcement of restrictions on worship services in Calvary Chapel Dayton Valley v. Sisolak, 2020 WL 4251360 (2020). In the decision issued on July 24, 2020, Chief Justice Roberts, joined by Justices Ginsburg, Kagan, Sotomayor and Breyer, denied the request of Calvary Chapel ... read more
- Shelter In Place and Reopening Plan Litigation: SCOTUS Rejects Request for Judicial Intervention Regarding California’s Restrictions on Religious ServicesJune 9, 2020The United States Supreme Court issued a rare late-night ruling in South Bay United Pentecostal Church v. Newsom on May 29, 2020, denying an emergency request from a mega-church in Chula Vista, California to stay Governor Newsom’s Executive Order and four-stage reopening plan. In-person religious services were initially barred and then numerically restricted. In a 5-4 decision, ... read more
Municipal and Special District Law
Real Estate
Public Finance
- Appellate Court Rules Simple Majority May Adopt Special Taxes Through Initiative ProcessJuly 9, 2020
The California Court of Appeal recently issued a decision holding that local special taxes placed on the ballot through the initiative process only require a simple majority to pass. The case did not involve special taxes that are proposed by a local agency’s legislative body, which still require two-thirds voter approval. The June 30 decision in City and County of San Francisco v. All ... read more
Housing
- Legislature Poised to Adopt Bill Legalizing Housing on Commercial PropertyJuly 2, 2020Assembly Bill No. 3107 (Bloom) and Senate Bill No. 1385 (Caballero) recently cleared their respective houses with the same objective—legalizing residential uses on land designated for commercial uses. Since both houses passed bills with the same goal, it is likely that a bill reflecting the shared goal will be presented to the Governor. The two bills take very different approaches, and it ... read more
- California’s Density Bonus Law: 2020 UpdateJanuary 21, 2020California’s Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. In 2019, the California Legislature passed new legislation that provides for an 80% density bonus to be granted to 100% affordable housing projects, the largest density bonus ever required under California law. That legislation, read more
- AB 1763 Allows Affordable Housing to be Built Denser and TallerJanuary 13, 2020Assembly Bill 1763 permits 100% affordable housing projects to be built denser and taller through three modifications to current law (outlined below) that are designed to help reduce costs associated with the development of affordable housing. AB 1763 is one of over twenty housing bills approved by the California Legislature in 2019, each one taking a different approach to easing the state’s ... read more
Land Use
- Land Use Litigation Deadlines Extended by Judicial Council’s COVID-19 Emergency RulesApril 7, 2020The California Judicial Council adopted eleven emergency rules (“Emergency Rules”) on April 6, 2020 to address the COVID-19 pandemic's impact on California’s residents and the judicial branch. The Judicial Council acknowledges that operations of the California superior courts have been disrupted and delayed and the Emergency Rules are necessary to protect the rights of litigants and to ... read more
