Published Articles

2010

The Ethical Hazards of City Council Members Attending Other Board MeetingsDecember 27, 2010"As innocent as a council member’s motives may be, when he or she personally attends a planning commission meeting or another subordinate committee meeting, he or she may be crossing an ethical boundary." "Council members do not violate any laws by attending commission meetings. However, they run the risk of: Potentially revealing a biased view, thereby causing their own ... read more
The Use of Public Private Partnership for Special Districts and All Levels of GovernmentsJune 18, 2010Excerpt: "Recognizing its benefits, various forms of governments worldwide are increasingly utilizing P3 over the traditional procurement and delivery methodologies to hire, integrate and maximize expertise and tap into resources for the planning, design and construction of infrastructure projects. Recently, California public entities are increasingly seeking P3 over a primarily public financing ... read more
Gang Injunctions Make Neighborhoods SaferApril 6, 2010California cities have struggled for decades to combat the gang-related crime and violence that destroy lives and neighborhoods. Despite those efforts, gangs remain a seemingly intractable problem. In gang-plagued areas, residents face fear and intimidation every day as they are surrounded by crimes from drug dealing to murder. To rein in gang violence and ease the climate of fear, California ... read more

Application of the California Construction Storm Water General NPDES Permit to Oil and Gas ProjectsSeptember 15, 2010Excerpt: "The NPDES “General Permit for Storm Water Discharges Associated With Construction and Land Disturbance Activities” (“Construction General Permit”), adopted by the State Water Resources Control Board (“State Water Board”) in September 2009 as Order 2009-0009-DWQ, became effective on July 1, 2010. Anyone conducting “construction activity” after July 1, 2010 which results ... read more
Memo from SWRCB on the Impact of Natural Resources Defense Council v. U.S. EPAMay 18, 2010 Memorandum from State Water Resources Control Board, Office of Chief Counsel "Impact of Natural Resources Defense Council v. U.S. EPA on the Regulation of Storm Water Discharges of Sediment from Oil and Gas Construction Activities." ... read more

Viewpoint: Are gang injunctions worth the cost?April 14, 2010 Prosecutors use public nuisance actions to stop gang-related activities Recently, Oakland, Calif., joined the increasing number of public agencies making use of gang injunctions when its City Attorney's Office announced that it would seek a gang injunction limiting street gang activity within a 100-block radius in North Oakland. Gang injunctions are public nuisance actions that aim ... read more

Environmentally SoundFebruary 22, 2010Recent legal developments have provided some guidance on the difficult question of how to analyze the environmental impacts of greenhouse gases (GHGs) for land use projects under the California Environmental Quality Act. The issue first reached prominence in late 2006 after the adoption of AB 32 — The California Global Warming Solutions Act — and relates to state efforts to reduce GHGs to ... read more