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- July 29, 2004 9:05 PM Real Estate, Land Use and Environmental Attorneys
- July 28, 2004 8:45 PM Blog Editorial Team
- July 15, 2004 8:11 PM Domenic C. Drago - Partner
- July 13, 2004 8:00 PM Judy V. Davidoff - Partner
- July 1, 2004 8:36 PM Donna Jones - Partner
- June 15, 2004 8:44 PM Michael B. Wilmar - Special Counsel
- March 1, 2005 1:26 AM Affirmative Action
- November 10, 2005 8:18 PM Court Of Appeal Vacates $3 Million Arbitration Award Because Arbitrator Failed To Make Timely Disclosures
- March 1, 2005 10:04 PM Mediation
- March 1, 2005 9:53 PM Arbitration
- March 1, 2005 5:16 PM Judicial Reference
- January 27, 2006 5:11 PM Washington, D.C.
- July 20, 2004 9:35 PM Los Angeles
- July 19, 2004 1:49 AM San Francisco
- July 18, 2004 1:52 AM Orange County
- July 17, 2004 2:00 AM San Diego/Del Mar
- July 16, 2004 1:56 AM San Diego/Downtown
- March 1, 2005 1:35 AM Bids/Bid Protests
- April 16, 2009 7:30 PM Construction Manager Not Required to be Licensed pursuant to the Contractors' State License Law
- January 23, 2009 6:51 PM New California Law Prohibits Retention on CalTrans Transportation Projects
- February 14, 2008 3:50 PM Court Clarifies Prompt Payment Risks to Contractor
- November 15, 2007 6:30 PM The AIA Releases 2007 Editions of Its Construction Contract Forms Amid Competition from Upstart "ConsensusDOCS" Forms.
- August 23, 2007 7:25 PM 2007 Annual Construction Law Update
- January 25, 2007 1:29 AM A Public Entity's Determination That A Subcontractor Could Be Substituted Under Public Contracts Code Section 4107 Is Denied Preclusive Effect In Subsequent Litigation
- January 24, 2007 7:39 PM California Department of Industrial Relations Expands Prevailing Wage Coverage
- June 14, 2006 6:22 PM Labor Through Contract Theory of Sanctions Liability
- April 26, 2006 5:28 PM New Legislation Affects Allocation of Risk in Residential Construction Contracts
- April 4, 2006 5:51 PM Appellate Court Finds That the Filing of a Stop Notice Is Potentially Subject to the Litigation Privilege if Made in Good Faith Contemplation of Litigation
- August 9, 2005 11:35 PM California Supreme Court Voids Jury Trial Waivers
- November 2, 2007 12:12 AM Court Of Appeal Finds That A Tolling Agreement Between An HOA And Developer Tolls The Applicable Statute Of Limitations Even As To A Non-Party Subcontractor.
- April 5, 2007 12:13 AM Federal Arbitration Act Preempts Contrary California Law and Prevents Purchaser of Real Property from Bringing an Action in Court for Construction and Design Defects
- January 25, 2007 1:29 AM A Public Entity's Determination That A Subcontractor Could Be Substituted Under Public Contracts Code Section 4107 Is Denied Preclusive Effect In Subsequent Litigation
- July 21, 2006 12:00 AM Contract Clause Requiring Contractor To Continue Performing Work During Pendency Of Dispute
- May 25, 2006 10:10 PM Court Of Appeal Holds That The Privette Doctrine Applies Not Only To Employees Of A Contractor, But Also To Independent Contractors Hired By The Contractor
- January 25, 2006 11:03 PM California Court of Appeal Affirms That Certain Types of Public Contributions Do Not Make Development a "Public Work" Under Former Version of Statute
- December 29, 2005 8:52 PM Court Of Appeal Holds General Contractor Is Not Entitled To Indemnity From Subcontractors Under General Indemnity Clause Because General Contractor Was Actively Negligent
- March 1, 2005 8:22 PM Construction Defects and Claims
- October 1, 2009 9:40 PM Procedural Requirements Of California's "Fix It" Law Upheld
- April 16, 2009 7:30 PM Construction Manager Not Required to be Licensed pursuant to the Contractors' State License Law
- November 2, 2007 12:12 AM Court Of Appeal Finds That A Tolling Agreement Between An HOA And Developer Tolls The Applicable Statute Of Limitations Even As To A Non-Party Subcontractor.
- March 1, 2005 5:22 PM Civil Procedure
- July 12, 2005 9:20 PM Contact Us
- January 17, 2006 9:33 PM 9th Circuit Preliminarily Enjoins Homebuilder From Using Copyrighted Drawings In Second Phase of A Development
- June 22, 2010 8:15 AM Mitigation Fee Act May Not Require Specific Identification of New Facilities
- June 21, 2010 8:45 AM General And Special Benefits Of Special Assessments Must Be Separated And Quantified
- October 29, 2009 5:58 PM Supreme Court Refuses to Hear Palmer Case - Are Inclusionary Zoning Practices Due for Change?
- August 28, 2009 1:49 PM Administrative Fee for Tax Collection is an Unconstitutional Hidden Tax
- July 18, 2009 12:41 AM New Law Automatically Extends Existing Tentative Maps For Two Years, But Also Creates New Pitfalls, And Reduces Some Protections For Recorded Maps
- June 19, 2009 6:07 PM Appellate Court Decision Invalidating Unjustified "Affordable Housing In Lieu Fees" Is Now Final
- March 10, 2009 12:29 AM Decision Overturning City's "Affordable Housing in Lieu Fee" Ordered Published by Court of Appeal
- February 9, 2009 7:26 PM Affordable Housing In Lieu Fees Must Be Shown To Be Reasonably Related, And Limited, To "Deleterious Impacts Of New Development" Like Other Development Fees
- July 18, 2008 4:31 PM Supreme Court Raises The Bar: Holds Prop. 218 Requires Court To Exercise Independent Judgment Regarding Validity Of Assessments And Places Burden Of Proof On Assessing Agency
- January 29, 2007 7:26 PM New State Fees For Water Rights Permits and Licenses Unconstitutional Due To Failure To Demonstrate Reasonable "Proportionality" To Fee Payors
- August 1, 2006 9:10 PM California Supreme Court Permits Use Of Local Initiatives To Reduce Or Repeal Water Delivery Charges, But Such Initiatives May Not Require That Future Rate Increases Be Submitted For Voter Approval
- February 6, 2006 6:59 PM Building Permit Fees: Considerations Raised by the Recent Cal. Supreme Court Decision in Barratt-American v. City of Rancho Cucamonga
- January 24, 2006 11:36 PM Cal Supreme Court Illuminates the Path for Suing Local Entities Over Excessive Building Permit Fees
- October 1, 2004 11:04 PM Have Redevelopment Agencies Gone Too Far Using the Power of Eminent Domain?
- August 4, 2010 11:37 PM Under CERCLA, "Owner" Means Owner When Cleanup Costs Are Incurred, Not When Reimbursement Is Sought
- September 30, 2009 6:20 PM 2nd Circuit Allows Public Nuisance Suit Against Greenhouse Gas Emitters
- May 8, 2009 11:02 PM U.S. Supreme Court Holds Superfund's Traditional Joint and Several Liability and Arranger Liability Have Their Limits: Bar May Be Lowered For Demonstrating Apportionment Liability
- March 10, 2009 12:06 AM California Budget Plan Will Delay Off-Road Diesel Emissions Regulations
- September 17, 2008 8:15 PM What You Need To Know About SF's Green Building Ordinance
- August 18, 2008 9:17 PM Loss of Power? AQMD rules Designed to Spur Development of Newer, Cleaner Electrical Power Plants Recently Vacated in LA Superior Court
- July 29, 2008 12:11 AM Ninth Circuit Says EPA Must Regulate Marine Discharges, Including Ballast Water
- July 24, 2008 9:11 PM EPA Releases Advance Notice Of Proposed Rulemaking Regarding Regulation Of Greenhouse Gas Emissions Under Clean Air Act
- July 15, 2008 8:58 PM Update On Proposed Draft Regulation To Reduce Emissions Of Diesel Particulate Matter, And Other Pollutants From In Use On Road Heavy Duty Diesel-Fueled Engines
- July 1, 2008 11:22 PM Reducing Greenhouse Gas Emissions: California Air Resources Board Releases Draft AB 32 Scoping Plan
- June 11, 2008 11:15 PM No Idling: California Air Resources Board Adopts New Off-Road Diesel Rule
- April 28, 2008 6:32 PM City of Los Angeles Adopts Green Building Ordinance on Earth Day
- April 16, 2008 5:52 PM Corps And EPA Issue Important New Mitigation Rule
- January 11, 2008 7:42 PM Clash of the Titans
- December 7, 2007 6:04 PM California Sues U.S. Environmental Protection Agency, Seeks Permission To Enforce Own Standards Regulating Greenhouse Gas Emissions
- November 20, 2007 5:20 PM THANK YOU FOR READING THE REAL ESTATE AND CONSTRUCTION LAW BLOG
- November 1, 2007 11:46 PM California Air Resources Board Issues Proposed Regulations to Require Facilities to Report Greenhouse Gas Emissions Under the Global Warming Solutions Act
- September 8, 2007 1:25 AM California Air Resources Board Proposes Additional Early Action Measures Pursuant to the Global Warming Solutions Act (AB 32)
- August 21, 2007 12:21 AM Summary of Proposed Draft Regulation to Reduce Emissions of Diesel Particulate Matter, and Other Pollutants From In-Use On-Road Heavy-Duty Diesel-Fueled Engines
- July 31, 2007 7:29 PM Update to June 15, 2007 Blog: The California Air Resources Board Passes New Regulations Limiting Off-Road Diesel Engine Emissions (13 CCR SEC. 2449)
- June 18, 2007 9:02 PM Private Parties Under CERCLA May Sue Potentially Responsible Parties for Cost Recovery Even if They Are Barred From Suing For Contribution
- June 15, 2007 12:55 AM CARB Proposes New Diesel Emission Regulations (13 CCR SEC. 2449)
- December 15, 2005 4:29 PM CREED Case Leaves Questions Regarding Program EIRs
- September 22, 2005 5:26 PM Court of Appeal Rules on Attorneys' Fees in CEQA Cases
- July 16, 2004 9:01 PM Case Summary - Maintain Our Desert Environment v. Town of Apple Valley
- July 27, 2005 11:20 PM Federal Circuit Court Rejects Claim That Contractor Violated The False Claims Act By Allegedly Submitting A Fraudulently Low Bid With The Intent Of Later Making Up For The Loss By Submitting Change Orders For Extra Work
- March 1, 2005 1:51 AM False Claims
- February 23, 2010 5:05 PM Council for Environmental Quality Issues Draft NEPA Guidance for Consideration of Climate Change Effects
- February 18, 2010 1:18 PM A Brief Overview of the Recent Amendments to CEQA Guidelines
- November 25, 2009 9:14 PM U.S. Fish and Wildlife Service Seeks Public Comment on Proposed Strategic Climate Change Plan
- November 25, 2009 7:00 PM California Governor Signs S.B. 827 into Law; South Coast Air Quality Management District Now Permitted to Continue Emissions Trading Program
- November 25, 2009 6:52 PM The EPA Uses the Clean Air Act to Propose New Rules Intended to Reduce GHG Emissions from Large Emitters
- September 30, 2009 6:20 PM 2nd Circuit Allows Public Nuisance Suit Against Greenhouse Gas Emitters
- September 30, 2009 6:07 PM A State At Risk Attempts to Adapt to Climate Change
- August 20, 2009 6:57 PM Sheppard Mullin's New Climate Change and Clean Technology Blog
- February 9, 2006 11:23 PM New Legislation Affecting Allocation Of Risk In Residential Construction Contracts
- January 23, 2009 6:51 PM New California Law Prohibits Retention on CalTrans Transportation Projects
- March 1, 2005 1:53 AM Transit Projects
- March 1, 2005 1:48 AM Building Standards
- December 29, 2009 8:23 PM New Legislation on Wrap-up Insurance And Indemnity Clauses
- March 1, 2005 12:38 AM Insurance
- August 10, 2010 12:00 AM Three-Year Statute Of Limitations Applies To Inverse Condemnation Action
- October 1, 2009 9:45 PM Regulatory Takings Law: Ninth Circuit Panel Holds A Mobile Home Rent Control Ordinance Is Subject To A "Facial Challenge" And Awards Compensation To Property Owners
- October 23, 2008 5:42 PM City of Rancho Palos Verdes Liable for Taking During Moratorium
- September 17, 2008 12:51 AM Nollan/Dolan Does Not Apply To A Facial Challenge Of A Land Use Regulation
- July 3, 2008 7:37 PM Sea Walls Can Be Expensive: $2 Million Mitigation Fee for Loss of Shoreline Recreational Value is Not a Taking
- June 20, 2008 12:44 AM Federal Claims Court Awards $4.2M to Ranchers' Estate for Taking of Water Rights
- November 16, 2005 8:29 PM Ripeness Doctrine And Futility Exception Both Require Submission And Denial of a "Meaningful Application"
- August 11, 2006 10:17 PM Colorado Enacts Employment Verification Requirements
- August 5, 2010 11:23 PM Coastal Commission's No Substantial Issue Determination Will Be Upheld Even If Project Technically Not Consistent With LCP
- July 15, 2010 8:09 PM County Approval of Conditional Siting Agreement Not A Project Approval Under CEQA
- June 22, 2010 7:53 PM Supreme Court Says Florida's Beach Preservation Activities Did Not Infringe Shoreline Property Rights; Justices Scrap Over Role Of Courts In Property Takings
- June 21, 2010 8:50 AM San Francisco Distinction Between Drugstores and Supermarkets Goes Up in Smoke
- April 30, 2010 10:07 PM Notice Of Exemption Triggers A 35-Day Statute Of Limitations Under CEQA Despite Flaws in Underlying Approval
- April 30, 2010 9:25 PM Supercenters Do Not Automatically Trigger Requirement To Study Urban Decay Effects In An EIR
- April 27, 2010 6:39 PM Court Invalidates Housing Cap
- April 27, 2010 5:59 PM Vested Rights Under Prior Permits Do Not Establish CEQA Baseline
- March 5, 2010 10:30 PM California's High Court Clarifies CEQA's 30-Day Statute of Limitations
- October 29, 2009 5:58 PM Supreme Court Refuses to Hear Palmer Case - Are Inclusionary Zoning Practices Due for Change?
- September 10, 2009 5:31 PM New Construction General Permit Imposes Significant New Requirements for Storm Water Discharges
- August 28, 2009 1:49 PM Administrative Fee for Tax Collection is an Unconstitutional Hidden Tax
- August 18, 2009 7:53 PM Affordable Housing: Could California's Inclusionary Zoning Laws be on the Brink of Collapse?
- July 18, 2009 12:41 AM New Law Automatically Extends Existing Tentative Maps For Two Years, But Also Creates New Pitfalls, And Reduces Some Protections For Recorded Maps
- July 8, 2009 10:16 PM Checklist Approval Of Design Plan Conforming To Guidelines Established Under Specific Plan Constitutes A Ministerial Act Under CEQA
- June 19, 2009 6:07 PM Appellate Court Decision Invalidating Unjustified "Affordable Housing In Lieu Fees" Is Now Final
- June 19, 2009 1:36 PM County Outside Counsel Work Product Not Part of CEQA Record Even If Disclosed To Real Party In Interest
- March 10, 2009 12:29 AM Decision Overturning City's "Affordable Housing in Lieu Fee" Ordered Published by Court of Appeal
- February 9, 2009 7:26 PM Affordable Housing In Lieu Fees Must Be Shown To Be Reasonably Related, And Limited, To "Deleterious Impacts Of New Development" Like Other Development Fees
- December 12, 2008 9:27 PM AB 32 Gains Traction - California Air Resources Board Adopts AB 32 Climate Change Scoping Plan
- November 4, 2008 1:14 AM Agreements Conditioned On Subsequent CEQA Review Violate CEQA If Record Shows Agency Already Committed To Project
- October 24, 2008 10:18 PM SB 375: California Adopts New Law Geared to Reduce Greenhouse Gas Emissions by Integrating Regional Transportation and Land Use Planning
- August 5, 2008 6:05 PM State Water Board Lifts Moratorium On New Construction in LA Region
- July 31, 2008 8:10 PM Pre-1915 Subdivisions Not Validated By Map Act Grandfather Provisions
- July 24, 2008 9:20 PM State Water Board Imposes Moratorium On New Construction In Los Angeles Region
- July 18, 2008 4:31 PM Supreme Court Raises The Bar: Holds Prop. 218 Requires Court To Exercise Independent Judgment Regarding Validity Of Assessments And Places Burden Of Proof On Assessing Agency
- July 16, 2008 8:40 PM New Law Automatically Extends Existing Vesting Tentative Maps, But Don't Celebrate Too Soon: There Are Pitfalls For The Unwary
- July 7, 2008 7:05 PM Denial Of A Conditional Use Permit For Airport Requires Initial Study Under CEQA Because Airport Closure May Affect Environment
- February 29, 2008 5:24 PM The Vineyard EIR Water Services Principles Applied
- February 14, 2008 11:55 PM Absent Prohibition in Local Coastal Program, Coastal Commission May Designate Environmentally Sensitive Habitat Area During Consideration of a Development Permit
- February 14, 2008 11:52 PM Court Strikes Down Coastal Commission Attempt to Designate Land as Environmentally Sensitive Habitat Area Without LCP Authority
- January 24, 2008 5:12 PM Third District Court of Appeals Deals Blow to "Streamlined Zoning"
- September 25, 2007 11:32 PM CEQA Is Not Preempted by the Ellis Act
- August 23, 2007 6:47 PM Global Warming Update: Legislature Amends CEQA Regarding Greenhouse Gas Emissions; Attorney General Settles Global Warming Suit
- August 15, 2007 7:04 PM Test for Preparation of Supplemental or Subsequent EIR is Significance of Impacts from Project Modifications, Not the Modifications
- June 26, 2007 12:27 AM California Supreme Court Upholds Use of "Common Sense" Exemption, Says That CEQA May Require Consideration of the Effects of "Displaced Development"
- June 11, 2007 6:13 PM Coastal Commission Can't Deny Permit Because of "Potential" Presciptive Public Access Rights
- May 23, 2007 8:19 PM Global Climate Change Legislation Does Not Require Supplemental Environmental Review Under CEQA
- April 25, 2007 6:16 PM California Coastal Commission Not Estopped from Enforcing Easily Visible, 18 Year Old Permit Violation
- February 20, 2007 7:40 PM Transfer Of Park & Recreation District Land To Third Party Was Not A Project Requiring Prior CEQA Review Where The Lack Of Any Development Plan Made Environmental Review Premature
- February 14, 2007 8:12 PM Court Sets Aside Approval Of Demolition Permit On Basis That Findings Of Infeasibility Concerning EIR Project Alternatives Not Supported By Substantial Evidence
- February 12, 2007 11:27 PM No Cause Of Action Under CEQA To Challenge County CEQA Determination Where Determination Superseded By Coastal Commission De Novo Review On Appeal
- February 3, 2007 12:34 AM District Approval Of Agreement For Purchase And Sale Of Water Expressly Conditioned On Future CEQA Compliance Does Not Require Prior CEQA Review
- January 29, 2007 7:26 PM New State Fees For Water Rights Permits and Licenses Unconstitutional Due To Failure To Demonstrate Reasonable "Proportionality" To Fee Payors
- January 18, 2007 7:38 PM Appeals Court determines that a contract for the sale of two undivided parcels was void in violation of the Subdivision Map Act.
- January 2, 2007 7:54 PM CEQA Violated Where City Determined No Additional Environmental Review Required For Wal-Mart Supercenter
- December 27, 2006 10:15 PM Newly Incorporated City May Disapprove Final Subdivision Map Even Though County Had Approved Vesting Tentative Map
- December 20, 2006 4:57 PM A Vested Rights Determination Under SMARA Regarding Surface Mining Operations In The Diminishing Asset Context Is Subject To Procedural Due Process Requirements Of Reasonable Notice And Opportunity To Be Heard
- December 14, 2006 4:52 PM Court Overturns Award Of Record Preparation Costs As Excessive And Lacking Adequate Documentation
- November 17, 2006 8:46 PM Disclosure By Local Legislators Of Their Views In One-On-One Conversations With Other Legislators May Inadvertently Create Improper "Collective Concurrence"
- November 16, 2006 1:27 AM Lead Agency Can Decide New Information Does Not Require Recirculation Of A Final EIR Without First Adding The Information To The Final EIR
- November 15, 2006 5:46 PM Filing Of Appeal To City Council Not Necessarily Required For Exhaustion Of Administrative Remedies
- October 26, 2006 7:01 PM Border Business Park, Inc. v. City of San Diego
- September 22, 2006 7:30 PM Voting Rights Act Does Not Require Translation Of Recall Petition Into Minority Languages
- June 5, 2006 4:29 PM Exclusive Possession Insufficient To Oust TIC Co-Tenant
- May 3, 2006 11:22 PM Cities Can Limit Big Box Retail But They Have To Be Fair To The Little Guy
- April 5, 2006 8:37 PM Court Of Appeal Confirms Applicability of Brown Act to Settlements Entered Into by Local Governments in Closed Session
- October 27, 2005 6:39 PM Guidelines For Land Uses Near Military Installations To Be Issued Nov. 30
- October 13, 2005 4:49 PM Court of Appeal Emphasizes Importance of Development Agreements
- October 10, 2005 6:33 PM Legislature Enacts New Public Resources Code Section 6307; Expands Land Commission's Exchange Authority
- August 29, 2005 12:36 AM California Supreme Court To Rule On State Lands Commission's Exchange Authority
- August 9, 2005 11:35 PM California Supreme Court Voids Jury Trial Waivers
- May 17, 2005 12:29 AM New Transportation Fee Threatens to Cripple County's Commercial, Industrial Development
- March 17, 2005 11:25 PM Conversion and Collocation: Viable Tools for Increasing Housing Supply
- March 1, 2005 12:33 AM Permits and Zoning
- January 12, 2005 7:15 PM The Challenges of Infill Housing
- July 19, 2004 6:43 PM CEQA Resources
- July 15, 2004 8:41 PM Case Summary - Defend the Bay v. City of Irvine
- April 25, 2005 11:43 PM Disclaimer
- April 25, 2005 11:43 PM Privacy Policy
- April 16, 2009 7:30 PM Construction Manager Not Required to be Licensed pursuant to the Contractors' State License Law
- September 9, 2005 11:29 PM California Supreme Court Clarifies That A Contractor Cannot Recover Any Compensation For Work Performed That Requires A Contractor's License Unless The Contractor Was Licensed At All Times During The Performance Of The Work
- March 1, 2005 1:09 AM Licensing
- February 4, 2008 11:13 PM Get Paid With A Powerful Alternative to California's Mechanic's Lien
- April 4, 2006 5:51 PM Appellate Court Finds That the Filing of a Stop Notice Is Potentially Subject to the Litigation Privilege if Made in Good Faith Contemplation of Litigation
- March 15, 2006 8:13 PM California Court Of Appeal Holds That A Contractor "Completes His Contract" Under Civil Code Section 3115
- March 1, 2005 1:16 AM Mechanics' Liens/ Stop Notices
- July 15, 2010 10:31 PM California Endangered Species Act Prohibits State Agencies From Taking Threatened and Endangered Species Without Permit Authority
- June 22, 2010 4:20 PM 9th Circuit Upholds Critical Habitat Designation for Mexican Spotted Owl
- June 22, 2010 8:59 AM 9th Circuit Upholds Corps Permit and Biological Opinion
- April 30, 2010 10:22 PM EPA Proposes 'Veto' of Section 404 Permit for Mountaintop Removal Coal Mining Project in West Virginia
- April 16, 2010 8:15 PM Fish and Game Commission Seeks Comments Related to Proposed California Tiger Salamander Rulemaking
- March 8, 2010 11:55 PM State Listing of California Tiger Salamander Warranted
- November 25, 2009 9:14 PM U.S. Fish and Wildlife Service Seeks Public Comment on Proposed Strategic Climate Change Plan
- July 8, 2009 10:27 PM EPA's New Source Performance Standard Does Not Apply to Discharges of Mining Slurry Regulated Under Section 404 of the Clean Water Act
- April 6, 2009 10:56 PM EPA May Use Cost-Benefit Analysis In Setting "Best Technology Available" Standards Under Clean Water Act
- March 26, 2009 5:25 PM Supreme Court Tightens Standing Requirements For Recreational Users Challenging Forest Service Actions
- March 10, 2009 11:40 PM Army Corps Properly Limited Scope of NEPA Review of Section 404 Permits to Impacts of Filling Jurisdictional Waters
- March 2, 2009 8:14 PM Fish and Game Commission Accepts Petition to List CTS and Adopts Interim Take Rules
- January 23, 2009 9:39 PM California Fish and Game Commission to Consider Candidacy Status of California Tiger Salamander under CESA at February 5 Meeting
- September 17, 2008 8:09 PM No Judicial Review of CORPS Jurisdictional Determinations Under APA
- September 17, 2008 7:57 PM Fish and Game Commission Must Accept Petition to List the CTS under California Endangered Species Act
- September 17, 2008 12:42 AM Ninth Circuit: Four 60-Day Notices Not Enough, Rejects Clean Water Act Challenge
- July 24, 2008 12:37 AM California Supreme Court Holds Headwaters Agreement Incidental Take Permit And Sustained Yield Plan Invalid
- June 20, 2008 8:21 PM Army Corps Proposes Templates to Expedite Development and Approval of Mitigation Bank Proposals
- January 31, 2008 7:59 PM Corps Eliminates Elevations for Jurisdictional Delineations Affected by Rapanos Decision in Revised Coordination Procedures
- August 29, 2007 1:32 AM Man-Made Pond That Is Within a Larger Wetland Area Adjacent to Traditionally Navigable Water Is Within Corps Jurisdiction Under Clean Water Act
- August 10, 2007 6:43 PM Construction Activities During Dry Season in Creek Experiencing Seasonal Flow Only Two Months of the Year Violates Clean Water Act
- June 6, 2007 2:27 AM Army Corps of Engineers, US EPA Publish Long-Awaited Guidance on Determining Clean Water Act Regulatory Jurisdiction Subject to the Supreme Court's Rapanos and Carabell Decisions
- April 10, 2007 8:54 PM Ninth Circuit Holds Recovery Standard Applies To Jeopardy Analysis
- March 26, 2007 10:55 PM Bureau of Reclamation Decision to Withhold Water, As Required By Federal Law, Did Not Breach 1983 State Water Contracts Nor Did It Constitute A Taking of A Vested Property Right.
- March 21, 2007 9:34 PM Clean Water Act Update: Adjacent Wetlands Rule for Establishing Clean Water Act Regulatory Authority Does Not Apply to a Non-Wetland Diked Pond
- March 14, 2007 10:22 PM Army Corps Issues New and Modified Nationwide Permits
- March 13, 2007 7:34 PM Clean Water Act Update: District Courts on the East, West Coasts Explain and Apply the Rapanos Decision to Adjacent Wetlands and Intermittent and Ephemeral Streams
- February 1, 2007 8:00 PM U.S. District Court Throws Out "Tulloch II" Rule Defining Incidental Fallback
- December 29, 2006 7:49 PM Corps Announces Implementation of Arid West Interim Supplement to the 1987 Wetlands Delineation Manual
- December 21, 2006 8:54 PM Court Orders the CTS be Considered for Listing under the California Endangered Species Act
- September 26, 2006 10:38 PM Corps Proposes New, Reissued, and Modified Nationwide Permits
- September 22, 2006 1:17 AM Nationwide Permits Scheduled To Expire On March 19, 2007
- September 15, 2006 2:38 AM Major Victory for Habitat Conservation Planning: California Appeals Court Denies CEQA and CESA Challenge to Natomas Basin Habitat Conservation Plan
- June 22, 2006 10:09 PM Supreme Court Curtails Army Corps Of Engineers' Jurisdiction
- April 3, 2006 6:18 PM Court Concludes Fish And Wildlife Service Improperly Ignored Recovery Goal Of Critical Habitat Designation
- September 30, 2005 6:39 PM House Passes POMBO ESA Bill
- September 27, 2005 4:59 PM Activity on Reform of The Endangered Species Act
- August 9, 2005 11:35 PM California Supreme Court Voids Jury Trial Waivers
- October 1, 2004 7:05 PM Ninth Circuit Raises the Level of Protection Afforded to Critical Habitat
- September 1, 2004 7:16 PM Statewide Listing of California Tiger Salamander As A Federal Endangered Species Took Effect on September 3, 2004, Critical Habitat Proposed
- July 1, 2004 12:51 AM Major New ESA Decision Limits Mitigation the Services May Require
- September 10, 2009 5:31 PM New Construction General Permit Imposes Significant New Requirements for Storm Water Discharges
- April 13, 2009 8:57 PM Modifications of home loans under government program will not adversely affect REMICs
- February 27, 2009 5:42 PM New Cancellation of Indebtedness Deferral Election May Not Cover Deed-In-Lieu Transactions
- February 23, 2009 7:13 PM Stimulation Has Its Price - The Audit and Oversight Provisions of The 2009 Stimulus Bill Are Unlike Anything Most Funding Recipients Have Ever Seen
- February 17, 2009 9:38 PM Tax Relief For Investment, Restructuring, Refinancing And Other Business Activity
- September 17, 2008 8:15 PM What You Need To Know About SF's Green Building Ordinance
- August 5, 2008 6:05 PM State Water Board Lifts Moratorium On New Construction in LA Region
- July 24, 2008 9:20 PM State Water Board Imposes Moratorium On New Construction In Los Angeles Region
- July 24, 2008 9:11 PM EPA Releases Advance Notice Of Proposed Rulemaking Regarding Regulation Of Greenhouse Gas Emissions Under Clean Air Act
- July 16, 2008 8:40 PM New Law Automatically Extends Existing Vesting Tentative Maps, But Don't Celebrate Too Soon: There Are Pitfalls For The Unwary
- July 15, 2008 8:58 PM Update On Proposed Draft Regulation To Reduce Emissions Of Diesel Particulate Matter, And Other Pollutants From In Use On Road Heavy Duty Diesel-Fueled Engines
- July 1, 2008 11:22 PM Reducing Greenhouse Gas Emissions: California Air Resources Board Releases Draft AB 32 Scoping Plan
- June 20, 2008 8:21 PM Army Corps Proposes Templates to Expedite Development and Approval of Mitigation Bank Proposals
- June 11, 2008 11:15 PM No Idling: California Air Resources Board Adopts New Off-Road Diesel Rule
- May 23, 2008 7:29 PM Relief for Securitization Vehicles: Mortgage Modification under Foreclosure Prevention Programs
- April 28, 2008 6:32 PM City of Los Angeles Adopts Green Building Ordinance on Earth Day
- January 31, 2008 7:59 PM Corps Eliminates Elevations for Jurisdictional Delineations Affected by Rapanos Decision in Revised Coordination Procedures
- August 21, 2007 12:21 AM Summary of Proposed Draft Regulation to Reduce Emissions of Diesel Particulate Matter, and Other Pollutants From In-Use On-Road Heavy-Duty Diesel-Fueled Engines
- November 29, 2005 11:22 PM U.S. EPA Issues Final Rule on "All Appropriate Inquiry" for Avoiding CERCLA Liability
- August 1, 2005 5:06 PM Criminal Penalties For Violating OSHA Standards
- July 30, 2004 5:58 PM Real Estate/ Land Use/ Environmental Overview
- July 18, 2004 8:16 PM Our Work
- July 18, 2005 11:01 PM California Court of Appeal Upholds Dismissal of Claims Based on Overbroad Prop 65 Notices
- March 23, 2009 8:40 AM Public-Private Partnerships: P3s and Competitive Bidding Laws (Part III)
- March 10, 2009 1:03 PM Public-Private Partnerships: Potential Conflicts With Prevailing Wage Laws (Part II)
- February 26, 2009 9:44 PM Public-Private Partnerships: A Growing Trend (Part I)
- August 10, 2010 5:36 PM Homeowner Associations and Members Not Necessarily Bound By Arbitration Provisions in CC&Rs or in Related Purchase Agreement Where Developer is Initial Declarant
- March 9, 2010 12:41 AM Recovery Zone Facility Bonds May Not Provide the Economic Stimulus Local Agencies Hoped For
- March 5, 2010 10:06 PM As of March 8, 2010, Major Title Insurers Will No Longer Underwrite Policies to Protect Creditors' Rights
- November 19, 2009 7:00 PM Changes to Penalty for Failure to Timely File CA Entity Change in Ownership Statement
- April 13, 2009 8:57 PM Modifications of home loans under government program will not adversely affect REMICs
- January 28, 2009 10:15 PM Landlords Keep Your House In Order - Claims For Past Due Rents Dismissed Where Certificate Of Occupancy Not Obtained
- September 7, 2007 11:34 PM Court May Not Imply Essential Terms Regarding Time and Payment to Make Option Agreement Enforceable if Parties Continued to Negotiate Those Terms After Execution of Agreement.
- March 6, 2007 6:43 PM Physical Recordation Of A LIS Pendens With The Recorder's Office Does Not Provide Constructive Notice Of The Claim Until The LIS Pendens Is Properly Indexed By The Recorder.
- February 3, 2007 12:24 AM Exculpatory Clauses In A Purchase Agreement Do Not Bar Claims By Buyers Of Real Property Alleging That The Seller's Brokers Made Intentional Misrepresentations About The Property
- January 18, 2007 7:38 PM Appeals Court determines that a contract for the sale of two undivided parcels was void in violation of the Subdivision Map Act.
- August 9, 2005 11:35 PM California Supreme Court Voids Jury Trial Waivers
- July 26, 2005 7:11 PM Out of Form: Special Considerations in Biotech Leasing
- October 4, 2001 11:33 PM A Subtenant's Guide to Subleasing
Recent Cases
- June 20, 2008 12:44 AM Federal Claims Court Awards $4.2M to Ranchers' Estate for Taking of Water Rights
- February 14, 2008 11:55 PM Absent Prohibition in Local Coastal Program, Coastal Commission May Designate Environmentally Sensitive Habitat Area During Consideration of a Development Permit
- February 14, 2008 11:52 PM Court Strikes Down Coastal Commission Attempt to Designate Land as Environmentally Sensitive Habitat Area Without LCP Authority
- January 24, 2008 5:12 PM Third District Court of Appeals Deals Blow to "Streamlined Zoning"
- January 2, 2008 8:10 PM Ad Hoc Zoning Exceptions Impermissible, Even in Development Agreements: Neighbors in Support of Appropriate Land Use, et al. v. County of Tuolumne, et al., (Dec. 7, 2007, F051690) __ Cal. App. 4th
- October 1, 2009 9:40 PM Procedural Requirements Of California's "Fix It" Law Upheld
- April 16, 2009 7:30 PM Construction Manager Not Required to be Licensed pursuant to the Contractors' State License Law
- February 14, 2008 3:50 PM Court Clarifies Prompt Payment Risks to Contractor
- November 2, 2007 12:12 AM Court Of Appeal Finds That A Tolling Agreement Between An HOA And Developer Tolls The Applicable Statute Of Limitations Even As To A Non-Party Subcontractor.
- September 7, 2007 11:34 PM Court May Not Imply Essential Terms Regarding Time and Payment to Make Option Agreement Enforceable if Parties Continued to Negotiate Those Terms After Execution of Agreement.
- August 29, 2007 1:32 AM Man-Made Pond That Is Within a Larger Wetland Area Adjacent to Traditionally Navigable Water Is Within Corps Jurisdiction Under Clean Water Act
- August 10, 2007 6:43 PM Construction Activities During Dry Season in Creek Experiencing Seasonal Flow Only Two Months of the Year Violates Clean Water Act
- June 18, 2007 9:02 PM Private Parties Under CERCLA May Sue Potentially Responsible Parties for Cost Recovery Even if They Are Barred From Suing For Contribution
- June 6, 2007 2:27 AM Army Corps of Engineers, US EPA Publish Long-Awaited Guidance on Determining Clean Water Act Regulatory Jurisdiction Subject to the Supreme Court's Rapanos and Carabell Decisions
- April 10, 2007 8:54 PM Ninth Circuit Holds Recovery Standard Applies To Jeopardy Analysis
- April 5, 2007 12:13 AM Federal Arbitration Act Preempts Contrary California Law and Prevents Purchaser of Real Property from Bringing an Action in Court for Construction and Design Defects
- March 26, 2007 10:55 PM Bureau of Reclamation Decision to Withhold Water, As Required By Federal Law, Did Not Breach 1983 State Water Contracts Nor Did It Constitute A Taking of A Vested Property Right.
- March 21, 2007 9:34 PM Clean Water Act Update: Adjacent Wetlands Rule for Establishing Clean Water Act Regulatory Authority Does Not Apply to a Non-Wetland Diked Pond
- March 13, 2007 7:34 PM Clean Water Act Update: District Courts on the East, West Coasts Explain and Apply the Rapanos Decision to Adjacent Wetlands and Intermittent and Ephemeral Streams
- March 6, 2007 6:43 PM Physical Recordation Of A LIS Pendens With The Recorder's Office Does Not Provide Constructive Notice Of The Claim Until The LIS Pendens Is Properly Indexed By The Recorder.
- February 20, 2007 7:40 PM Transfer Of Park & Recreation District Land To Third Party Was Not A Project Requiring Prior CEQA Review Where The Lack Of Any Development Plan Made Environmental Review Premature
- February 3, 2007 12:24 AM Exculpatory Clauses In A Purchase Agreement Do Not Bar Claims By Buyers Of Real Property Alleging That The Seller's Brokers Made Intentional Misrepresentations About The Property
- February 1, 2007 8:00 PM U.S. District Court Throws Out "Tulloch II" Rule Defining Incidental Fallback
- January 25, 2007 1:29 AM A Public Entity's Determination That A Subcontractor Could Be Substituted Under Public Contracts Code Section 4107 Is Denied Preclusive Effect In Subsequent Litigation
- January 18, 2007 7:38 PM Appeals Court determines that a contract for the sale of two undivided parcels was void in violation of the Subdivision Map Act.
- December 8, 2006 4:58 PM Clean Water Act Regulations Do Not Require Numeric Testing Of Individual Pollutants Or Numeric Effluent Limitations For Industrial Stormwater Discharges
- September 22, 2006 1:17 AM Nationwide Permits Scheduled To Expire On March 19, 2007
- August 1, 2006 9:10 PM California Supreme Court Permits Use Of Local Initiatives To Reduce Or Repeal Water Delivery Charges, But Such Initiatives May Not Require That Future Rate Increases Be Submitted For Voter Approval
- July 12, 2006 5:18 PM A Cautionary Tale On Relying On Advice From Commission Staff
- July 5, 2006 4:38 PM North Gualala Water Company v. State Water Resources Control Board, (June 16, 2006, A109438) __ Cal.App.4th __
- July 3, 2006 4:40 PM California Supreme Court Limits Pre-Election Challenges to Ballot Initiatives
- April 11, 2006 5:23 PM California LLC Fee Unconstitutional; Filing Protective Claim For Refund
- April 3, 2006 6:18 PM Court Concludes Fish And Wildlife Service Improperly Ignored Recovery Goal Of Critical Habitat Designation
- February 22, 2006 4:38 PM D.C. Circuit Holds Unanimously That "Tulloch Rule" Is Ripe For Judicial Review
- February 6, 2006 6:59 PM Building Permit Fees: Considerations Raised by the Recent Cal. Supreme Court Decision in Barratt-American v. City of Rancho Cucamonga
- January 24, 2006 11:36 PM Cal Supreme Court Illuminates the Path for Suing Local Entities Over Excessive Building Permit Fees
- October 10, 2005 6:33 PM Legislature Enacts New Public Resources Code Section 6307; Expands Land Commission's Exchange Authority
- September 22, 2005 5:58 PM Court of Appeal Strikes Down Orange County Development Project
- September 22, 2005 5:26 PM Court of Appeal Rules on Attorneys' Fees in CEQA Cases
- August 9, 2005 11:35 PM California Supreme Court Voids Jury Trial Waivers
- July 18, 2005 5:49 PM Landlord's Profits Following Repossession Do Not Reduce Tenant's Liability For Breach
- July 14, 2005 2:09 AM U.S. Supreme Court Holds Condemnation for Economic Development is Constitutional
- March 1, 2005 12:33 AM Permits and Zoning
- August 4, 2010 11:37 PM Under CERCLA, "Owner" Means Owner When Cleanup Costs Are Incurred, Not When Reimbursement Is Sought
- September 30, 2009 6:20 PM 2nd Circuit Allows Public Nuisance Suit Against Greenhouse Gas Emitters
- September 30, 2009 6:07 PM A State At Risk Attempts to Adapt to Climate Change
- May 8, 2009 11:02 PM U.S. Supreme Court Holds Superfund's Traditional Joint and Several Liability and Arranger Liability Have Their Limits: Bar May Be Lowered For Demonstrating Apportionment Liability
- August 18, 2008 9:17 PM Loss of Power? AQMD rules Designed to Spur Development of Newer, Cleaner Electrical Power Plants Recently Vacated in LA Superior Court
- July 29, 2008 12:11 AM Ninth Circuit Says EPA Must Regulate Marine Discharges, Including Ballast Water
- April 16, 2008 5:52 PM Corps And EPA Issue Important New Mitigation Rule
- December 7, 2007 6:04 PM California Sues U.S. Environmental Protection Agency, Seeks Permission To Enforce Own Standards Regulating Greenhouse Gas Emissions
- September 25, 2007 11:24 PM California Cannot Hold Carmakers Accountable For Their Contribution to Global Warming
- September 8, 2007 1:25 AM California Air Resources Board Proposes Additional Early Action Measures Pursuant to the Global Warming Solutions Act (AB 32)
- November 14, 2005 6:35 PM Court of Appeal Vacates $14 Million Damages Award for Environmental Trespass "Benefits"
- August 19, 2005 5:08 PM California District Court Answers CERCLA Question Left Open By U.S. Supreme Court
- August 5, 2010 11:23 PM Coastal Commission's No Substantial Issue Determination Will Be Upheld Even If Project Technically Not Consistent With LCP
- July 15, 2010 8:09 PM County Approval of Conditional Siting Agreement Not A Project Approval Under CEQA
- June 22, 2010 7:53 PM Supreme Court Says Florida's Beach Preservation Activities Did Not Infringe Shoreline Property Rights; Justices Scrap Over Role Of Courts In Property Takings
- June 22, 2010 8:15 AM Mitigation Fee Act May Not Require Specific Identification of New Facilities
- June 21, 2010 8:50 AM San Francisco Distinction Between Drugstores and Supermarkets Goes Up in Smoke
- June 21, 2010 8:45 AM General And Special Benefits Of Special Assessments Must Be Separated And Quantified
- April 27, 2010 6:39 PM Court Invalidates Housing Cap
- April 27, 2010 5:59 PM Vested Rights Under Prior Permits Do Not Establish CEQA Baseline
- July 15, 2010 10:31 PM California Endangered Species Act Prohibits State Agencies From Taking Threatened and Endangered Species Without Permit Authority
- June 22, 2010 4:20 PM 9th Circuit Upholds Critical Habitat Designation for Mexican Spotted Owl
- June 22, 2010 8:59 AM 9th Circuit Upholds Corps Permit and Biological Opinion
- April 30, 2010 10:07 PM Notice Of Exemption Triggers A 35-Day Statute Of Limitations Under CEQA Despite Flaws in Underlying Approval
- April 30, 2010 9:25 PM Supercenters Do Not Automatically Trigger Requirement To Study Urban Decay Effects In An EIR
- March 5, 2010 10:30 PM California's High Court Clarifies CEQA's 30-Day Statute of Limitations
- October 1, 2009 9:45 PM Regulatory Takings Law: Ninth Circuit Panel Holds A Mobile Home Rent Control Ordinance Is Subject To A "Facial Challenge" And Awards Compensation To Property Owners
- August 28, 2009 1:49 PM Administrative Fee for Tax Collection is an Unconstitutional Hidden Tax
- August 14, 2009 7:55 PM COURT OF APPEAL LIMITS 'TEXT' REQUIREMENT FOR LOCAL REFERENDUM PETITIONS
- July 8, 2009 10:27 PM EPA's New Source Performance Standard Does Not Apply to Discharges of Mining Slurry Regulated Under Section 404 of the Clean Water Act
- July 8, 2009 10:16 PM Checklist Approval Of Design Plan Conforming To Guidelines Established Under Specific Plan Constitutes A Ministerial Act Under CEQA
- June 19, 2009 6:07 PM Appellate Court Decision Invalidating Unjustified "Affordable Housing In Lieu Fees" Is Now Final
- June 19, 2009 1:36 PM County Outside Counsel Work Product Not Part of CEQA Record Even If Disclosed To Real Party In Interest
- April 6, 2009 10:56 PM EPA May Use Cost-Benefit Analysis In Setting "Best Technology Available" Standards Under Clean Water Act
- April 6, 2009 10:40 PM City Not Required To Identify Specific Location For Off-Site Mitigation Under CEQA Because Standards Sufficient
- March 26, 2009 5:25 PM Supreme Court Tightens Standing Requirements For Recreational Users Challenging Forest Service Actions
- March 10, 2009 11:40 PM Army Corps Properly Limited Scope of NEPA Review of Section 404 Permits to Impacts of Filling Jurisdictional Waters
- March 10, 2009 12:29 AM Decision Overturning City's "Affordable Housing in Lieu Fee" Ordered Published by Court of Appeal
- February 9, 2009 7:26 PM Affordable Housing In Lieu Fees Must Be Shown To Be Reasonably Related, And Limited, To "Deleterious Impacts Of New Development" Like Other Development Fees
- December 12, 2008 9:27 PM AB 32 Gains Traction - California Air Resources Board Adopts AB 32 Climate Change Scoping Plan
- November 4, 2008 1:14 AM Agreements Conditioned On Subsequent CEQA Review Violate CEQA If Record Shows Agency Already Committed To Project
- October 24, 2008 10:18 PM SB 375: California Adopts New Law Geared to Reduce Greenhouse Gas Emissions by Integrating Regional Transportation and Land Use Planning
- October 23, 2008 5:50 PM Homestead exemption does not apply to Home owned by single shareholder corporation
- October 23, 2008 5:42 PM City of Rancho Palos Verdes Liable for Taking During Moratorium
- October 23, 2008 5:14 PM Challenge to a moratorium resolution announcing plans for zoning amendments dismissed as not ripe to litigate
- September 17, 2008 8:09 PM No Judicial Review of CORPS Jurisdictional Determinations Under APA
- September 17, 2008 7:57 PM Fish and Game Commission Must Accept Petition to List the CTS under California Endangered Species Act
- September 17, 2008 12:51 AM Nollan/Dolan Does Not Apply To A Facial Challenge Of A Land Use Regulation
- September 17, 2008 12:42 AM Ninth Circuit: Four 60-Day Notices Not Enough, Rejects Clean Water Act Challenge
- July 31, 2008 8:10 PM Pre-1915 Subdivisions Not Validated By Map Act Grandfather Provisions
- July 24, 2008 12:37 AM California Supreme Court Holds Headwaters Agreement Incidental Take Permit And Sustained Yield Plan Invalid
- July 18, 2008 4:31 PM Supreme Court Raises The Bar: Holds Prop. 218 Requires Court To Exercise Independent Judgment Regarding Validity Of Assessments And Places Burden Of Proof On Assessing Agency
- July 7, 2008 7:05 PM Denial Of A Conditional Use Permit For Airport Requires Initial Study Under CEQA Because Airport Closure May Affect Environment
- July 3, 2008 7:37 PM Sea Walls Can Be Expensive: $2 Million Mitigation Fee for Loss of Shoreline Recreational Value is Not a Taking
- March 26, 2008 11:11 PM Five Year Statute of Limitations Applies to Unrecorded Rules of Homeowners Association
- February 29, 2008 5:24 PM The Vineyard EIR Water Services Principles Applied
- January 2, 2008 8:10 PM Ad Hoc Zoning Exceptions Impermissible, Even in Development Agreements: Neighbors in Support of Appropriate Land Use, et al. v. County of Tuolumne, et al., (Dec. 7, 2007, F051690) __ Cal. App. 4th
- September 25, 2007 11:32 PM CEQA Is Not Preempted by the Ellis Act
- August 23, 2007 6:47 PM Global Warming Update: Legislature Amends CEQA Regarding Greenhouse Gas Emissions; Attorney General Settles Global Warming Suit
- August 15, 2007 7:04 PM Test for Preparation of Supplemental or Subsequent EIR is Significance of Impacts from Project Modifications, Not the Modifications
- June 26, 2007 12:27 AM California Supreme Court Upholds Use of "Common Sense" Exemption, Says That CEQA May Require Consideration of the Effects of "Displaced Development"
- June 11, 2007 6:13 PM Coastal Commission Can't Deny Permit Because of "Potential" Presciptive Public Access Rights
- May 23, 2007 8:19 PM Global Climate Change Legislation Does Not Require Supplemental Environmental Review Under CEQA
- April 25, 2007 6:16 PM California Coastal Commission Not Estopped from Enforcing Easily Visible, 18 Year Old Permit Violation
- February 14, 2007 8:12 PM Court Sets Aside Approval Of Demolition Permit On Basis That Findings Of Infeasibility Concerning EIR Project Alternatives Not Supported By Substantial Evidence
- February 12, 2007 11:27 PM No Cause Of Action Under CEQA To Challenge County CEQA Determination Where Determination Superseded By Coastal Commission De Novo Review On Appeal
- February 3, 2007 12:34 AM District Approval Of Agreement For Purchase And Sale Of Water Expressly Conditioned On Future CEQA Compliance Does Not Require Prior CEQA Review
- January 29, 2007 7:26 PM New State Fees For Water Rights Permits and Licenses Unconstitutional Due To Failure To Demonstrate Reasonable "Proportionality" To Fee Payors
- January 18, 2007 7:38 PM Appeals Court determines that a contract for the sale of two undivided parcels was void in violation of the Subdivision Map Act.
- January 2, 2007 7:54 PM CEQA Violated Where City Determined No Additional Environmental Review Required For Wal-Mart Supercenter
- December 27, 2006 10:15 PM Newly Incorporated City May Disapprove Final Subdivision Map Even Though County Had Approved Vesting Tentative Map
- December 20, 2006 4:57 PM A Vested Rights Determination Under SMARA Regarding Surface Mining Operations In The Diminishing Asset Context Is Subject To Procedural Due Process Requirements Of Reasonable Notice And Opportunity To Be Heard
- December 14, 2006 4:52 PM Court Overturns Award Of Record Preparation Costs As Excessive And Lacking Adequate Documentation
- November 17, 2006 8:46 PM Disclosure By Local Legislators Of Their Views In One-On-One Conversations With Other Legislators May Inadvertently Create Improper "Collective Concurrence"
- November 16, 2006 1:27 AM Lead Agency Can Decide New Information Does Not Require Recirculation Of A Final EIR Without First Adding The Information To The Final EIR
- November 15, 2006 5:46 PM Filing Of Appeal To City Council Not Necessarily Required For Exhaustion Of Administrative Remedies
- October 26, 2006 7:01 PM Border Business Park, Inc. v. City of San Diego
- September 22, 2006 7:30 PM Voting Rights Act Does Not Require Translation Of Recall Petition Into Minority Languages
- June 5, 2006 4:29 PM Exclusive Possession Insufficient To Oust TIC Co-Tenant
- May 3, 2006 11:22 PM Cities Can Limit Big Box Retail But They Have To Be Fair To The Little Guy
- April 5, 2006 8:37 PM Court Of Appeal Confirms Applicability of Brown Act to Settlements Entered Into by Local Governments in Closed Session
- March 15, 2006 5:58 PM Ninth Circuit Holds Recall Petitions Fall Within Bilingual Requirements of Federal Voting Rights Act of 1965
- February 22, 2006 4:38 PM D.C. Circuit Holds Unanimously That "Tulloch Rule" Is Ripe For Judicial Review
- February 6, 2006 6:59 PM Building Permit Fees: Considerations Raised by the Recent Cal. Supreme Court Decision in Barratt-American v. City of Rancho Cucamonga
- January 24, 2006 11:36 PM Cal Supreme Court Illuminates the Path for Suing Local Entities Over Excessive Building Permit Fees
- January 5, 2006 8:35 PM Two Recent Cases Shed Light On Section 404 Alternatives Analysis
- November 16, 2005 8:29 PM Ripeness Doctrine And Futility Exception Both Require Submission And Denial of a "Meaningful Application"
- October 13, 2005 4:49 PM Court of Appeal Emphasizes Importance of Development Agreements
- September 22, 2005 5:58 PM Court of Appeal Strikes Down Orange County Development Project
- July 14, 2005 2:09 AM U.S. Supreme Court Holds Condemnation for Economic Development is Constitutional
- July 12, 2005 2:14 AM U.S. Supreme Court Holds That Final Takings Judgment In State Court Precludes Federal Claim
- July 11, 2005 2:20 AM California Supreme Court Holds Legislative Appointments to Coastal Commission Are Constitutional
- August 10, 2010 5:36 PM Homeowner Associations and Members Not Necessarily Bound By Arbitration Provisions in CC&Rs or in Related Purchase Agreement Where Developer is Initial Declarant
- January 28, 2009 10:15 PM Landlords Keep Your House In Order - Claims For Past Due Rents Dismissed Where Certificate Of Occupancy Not Obtained
- October 23, 2008 5:50 PM Homestead exemption does not apply to Home owned by single shareholder corporation
- July 18, 2005 5:49 PM Landlord's Profits Following Repossession Do Not Reduce Tenant's Liability For Breach
- January 4, 2006 6:19 PM California Supreme Court Holds Landowner May Be Liable For Injuries To Independent Contractor's Employee When Landowner Fails To Warn Contractor Of Concealed Hazard
- March 1, 2005 1:55 AM Safety/ Personal Injury
- April 26, 2005 12:00 AM RSS
- March 1, 2005 12:52 AM Suretyship