Published Articles

2017

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 Supreme Court to Hear Marijuana Related Zoning/CEQA CaseMay 11, 2017The California Supreme Court has granted review in Union of Medical Marijuana Patients, Inc. v. City of San Diego, a case that will impact how all developers and owners of all types of projects should approach projects that involve new or changed zoning ordinances, particularly those that concentrate or shift property uses within a jurisdiction. The decision is expected to provide ... 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

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

Extension of California’s Cap-and-Trade Program: Three-Bill Package Extension Leaves Unanswered QuestionsAugust 10, 2017Last year, under SB 32, California increased its greenhouse gas (GHG) reduction goal to 40% below 1990 levels by 2030. One-third of that reduction goal is anticipated to be achieved through the State's pioneering cap-and-trade program. However, the existing cap-and-trade program has been controversial, subject to several legal challenges, and was set to expire in 2020. In response, recent ... read more
California vs. Trump Administration: A Battle Over Vehicle Fuel Efficiency StandardsMay 17, 2017California is gearing up for a battle over the Trump administration's proposed repeal of existing regulations that significantly increase vehicle fuel efficiency standards by 2025. Greenhouse gas reduction and lower vehicle emissions to combat climate change are cornerstones of California's current environmental policy. California will assert its rights to continue to regulate vehicle emissions ... read more

Cannabis Law Update: Local Regulatory Environment Determines Business LocationJuly 11, 2017U.S. retail cannabis sales reached $6.5 billion in 2016, 35% more than 2015, and are estimated to increase to $7.7 billion in 2017. With California expected to account for 40% of the market, all sectors of the burgeoning cannabis industry are rushing to launch and expand business operations. While the market potential is statewide, deciding where to locate a cannabis business is a localized ... read more
Appellate Court Bars FAA from Requiring Hobbyists to Register Drones: What It Means for Drone Operators and Local AgenciesJuly 10, 2017The Federal Aviation Administration estimates that small unmanned aerial systems (UAS) will increase from 2.5 million in 2016 to 7 million in 2020, 4.3 million hobbyist UAS and 2.7 million commercial UAS. In response to concerns about the safety of the national airspace system and of people and property on the ground, the FAA issued a rule in December 2015 titled "Registration and Marking ... read more
Initiative Campaigns: Do’s and Don’ts Checklist for Elected Officials and Public EmployeesMarch 7, 2017The California Secretary of State's "Statewide Initiative Guide" provides the procedures and requirements for preparing and circulating initiatives, filing sections of the petition, and describing the procedure for verifying signatures on the petition. The Guide is available read more

Government Revenues: A How-To Guide for Implementing Propositions 26 and 218June 14, 2017Establishing sufficient and sustainable revenue streams is vital for the hundreds of municipalities and special districts throughout California. The key question is how to develop and implement traditional and non-traditional revenue measures within the parameters set by the California Constitution and state law. The League of California Cities recently completed a new "Implementation Guide for ... read more

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