On April 23, 2020, California Governor Gavin Newsom issued Executive Order N-54-20 (EO) which, in part, addresses an outstanding question related to the California Environmental Quality Act’s (CEQA) “public review” requirements, which quickly became problematic upon closure of the locations typically used to house and post CEQA-related documents.  These closures, which impact government buildings like the County Recorder’s Office, are just one of the many consequences of the COVID-19 pandemic and resultant stay-at-home orders issued in an attempt to safeguard the public and flatten the curve.  Under this EO, while the time periods for public review remain the same, all requirements related to public filing, posting, notice, and public access to draft and final documents set forth in CEQA and the CEQA Guidelines, are exempted and suspended for the next 60 days (until June 22nd), including the Notice of Preparation, Notice of Comment Period, Notice of Intent to Adopt an EIR, Negative Declaration/Mitigated Negative Declaration, Notice of Determination and Notice of Exemption[1] so long as certain substitute procedures are followed.
Continue Reading Digital CEQA: New Executive Order Creates An Alternative Path For Complying With CEQA Notice, Posting And Public Review Requirements

On April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued Interim Guidance regarding EPA decision-making with respect to the potential impacts of the current novel coronavirus (COVID-19) pandemic on field work at certain cleanup sites.  The Interim Guidance, which “supplements” a March 19 EPA guidance, applies to all contaminated sites where EPA is the lead agency or has direct oversight or responsibility, affecting various regulatory programs that were excluded from EPA’s March 26 COVID-19 Enforcement Discretion Memo, including hazardous waste cleanups under CERCLA and RCRA, among others.  This is an interim guidance, and EPA has made it clear that it will “update this guidance as the current situation evolves.”
Continue Reading US EPA’s COVID-19 Interim Guidance on Site Field Work Decisions

On April 9, 2020, the IRS issued Notice 2020-23 (the “Notice”) which expands the filing and payment deadline relief announced by the Internal Revenue Service (“IRS”) in March.  The March announcement gave taxpayers until July 15, 2020 to file their federal income tax returns and to pay federal income taxes, each of which were originally due on April 15, 2020.  The Notice extends additional key tax deadlines for individuals and businesses including certain deadlines applicable to taxpayers engaging in time-sensitive deferred like-kind exchanges.
Continue Reading Code Section 1031 Like Kind Exchange Deadlines Extended

As state and local governments act to address the economic fallout of the COVID-19 pandemic, relief for renters impacted by the coronavirus has come from both state and local policymakers.  In previous posts, we covered San Francisco’s and San Diego’s efforts to temporarily ban evicting residential and commercial tenants impacted by COVID-19.  In this post, we explain Governor Gavin Newsom’s Executive Order, issued on March 27, creating a statewide moratorium on evicting renters impacted by COVID-19.  Here are key takeaways from the statewide Executive Order.
Continue Reading State-Level Rent Relief Due to COVID-19 Impacts: California Governor Newsom’s Executive Order Explained

On April 6, 2020, the State Judicial Council adopted emergency amendments to the California Rules of Court in response to the COVID-19 pandemic.  One important change that affects many real estate transactions and development projects tolls the statute of limitations for all civil causes of action from April 6, 2020, until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted.  Among other things, this extends the date for initiating litigation challenging a CEQA document or a development approval, such as a tentative map or conditional use permit.  This also affects the date of “final approval” under many real estate purchase agreements and creates additional uncertainty for project proponents.
Continue Reading California Judicial Council Adopts Rule Tolling Statute of Limitations

In a continued effort to take aggressive steps to protect the health and welfare of its citizens from COVID-19, the City of San Diego (“City”) enacted a temporary moratorium on evictions to provide relief to residential and commercial tenants facing financial hardship related to the pandemic (the “Ordinance”) and established a Small Business Relief Fund (“SBRF”) to provide grants and forgivable or low-to zero-interest-rate loans to eligible small businesses for working capital.

Here is what you need to know about the Ordinance and the SBRF Program.Continue Reading San Diego Responds to COVID-19 with Local Programs to Protect the Health of both Citizens and Businesses

As the number of COVID-19 cases continues to rise, state and local officials in California are taking increasingly aggressive action to stop the virus’ spread through Shelter-in-Place (“SIP”) orders.  In addition to Governor Newsom’s statewide SIP order, six Bay Area counties  – San Francisco, Santa Clara, San Mateo, Marin, Contra Costa, and Alameda – have issued more restrictive local SIP orders.  New versions of these local orders, published on March 31st and substantially identical, clarify uncertainties in prior orders and dramatically narrow the scope of allowable construction projects.  These new orders are in effect from April 1st  through May 3rd, but are subject to further extension.
Continue Reading New Shelter-in-Place Orders Dramatically Restrict Bay Area Construction, Including Residential Projects

As of the beginning of April, more than one million Californians have applied for unemployment assistance.  While state and local officials are seeking to address this aspect of the economic fallout of the COVID-19 pandemic in a number of ways, renter protections are among the most visible measures to emerge.  In San Francisco, Mayor London Breed issued a series of Declarations temporarily banning commercial and residential evictions if the tenant cannot pay rent due to COVID-19 impacts.  Here are important takeaways from the Declarations.
Continue Reading San Francisco Temporarily Bans Evicting Residential and Commercial Tenants Impacted by COVID-19 Epidemic

On Tuesday, March 31, 2020, Governor Greg Abbott issued an Executive Order effective 12:01 A.M., Thursday, April 2, 2020, directing every person in Texas to minimize social gatherings and minimize in-person contact with people who are not in the same household, except where necessary to provide or obtain essential services. The Executive Order issued by Governor Abbott is set forth here.
Continue Reading Governor Abbott of Texas Issues New Order

On Friday, March 27, 2020, the Los Angeles City Council adopted an emergency ordinance (Ordinance No. 186585) (“Ordinance”) with sweeping protections for commercial and residential tenants.  Yesterday afternoon, March 31, 2020, Mayor Eric Garcetti of Los Angeles signed the Ordinance, which became effective immediately.
Continue Reading Emergency Tenant Protections Take Effect in the City of Los Angeles