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Published Articles

2017

Environmental Law

  • Challenges Ahead for Clean Power Plan as EPA Eyes RepealNovember 28, 2017Under President Barack Obama's administration, the Environmental Protection Agency promulgated the Clean Power Plan on October 23, 2015. The Clean Power Plan requires states to regulate existing coal-fired power plants in a manner that effectively shuts some down in favor of lower-emission fuel sources such as natural gas, wind, and solar. On October 16, 2017, EPA published a proposal to announce ... read more
  • California Senate Bills Respond to Trump Administration’s Rollback of Environmental LawsMarch 20, 2017The Trump Administration has begun taking significant action to deliver its promised repeal or replacement of various federal laws affecting air, water, climate, endangered species, and public land. To both hedge against and work around an expected ongoing rollback of environmental, natural resources and public health protections, California Senators recently unveiled three bills: SB 49 ... read more

Land Use and Environmental Law

  • Tools and Strategies for Streamlining CEQA ComplianceOctober 12, 2017The California Environmental Quality Act (CEQA) has been a part of the California legislative landscape for 47 years, requiring local and state agencies to analyze and identify environmental impacts before approving projects. CEQA compliance is often the biggest source of time delays and litigation risk for project development. Shaye ... read more

Climate Change and Green Initiatives

Trial and Litigation

  • California Supreme Court Closes an Anti-SLAPP LoopholeJanuary 17, 2017The California Supreme Court began 2017 with a significant anti-SLAPP decision that confirmed the broad reach of the state's statute designed to protect freedom of expression. In Barry v. State Bar of California, 2017 DJDAR 83 (Jan. 5, 2017), the high court ruled that a lack of subject matter jurisdiction over a claim does not preclude a court from granting a special motion to strike under ... read more
  • California’s Anti-SLAPP Statute: New Case Law in 2016January 4, 2017In 2016, California state and federal appellate courts grappled with First Amendment protected freedom of speech issues in numerous critical rulings addressing the reach of the state's anti-SLAPP statute - a powerful litigation tool intended to protect free speech. Codified in Code of Civil Procedure Section 425.16, the anti-SLAPP statute authorizes a special motion to strike claims that are ... read more