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5 Aug 2013, 11:43 am
The Court rejected the Coalition’s legal argument that CEQA’s Class 7 and 8 exemptions were inapplicable because County was not a “regulatory agency” that was “implementing regulations authorized by a preexisting state law or ordinance. [read post]
8 Nov 2012, 9:51 am
The relevant legal context is straightforward: Elections Code § 9214 provides a city with strictly-circumscribed options when presented with a qualified initiative petition signed by 15% or more of its registered voters: “(a) Adopt the ordinance, without alteration, at a regular meeting at which the certification of the petition is presented, or within 10 days after it is presented; (b) Immediately order a special election, … at which the ordinance, without alteration, shall be… [read post]
18 Dec 2018, 5:24 pm
The “fair argument” standard applicable to review of negative declarations and MNDs sets a “low threshold” for preparing EIRs, and the existence of substantial evidence supporting a fair argument of potential impact presents a legal question upon which the agency’s determination receives no deference; the decision not to prepare an EIR can be upheld only where there is no credible contrary evidence. [read post]
15 Nov 2013, 11:53 am
In a recent decision extensively analyzing and applying CEQA’s rules on alternatives analysis, recirculation, and a petitioner’s burden to show agency error, the Third District Court of Appeal affirmed the Nevada County Superior Court’s judgment denying a writ petition challenging a commercial real estate project. [read post]
3 Dec 2019, 4:56 pm
But I sincerely doubt a majority of the Supreme Court actually believes this decision, on the points discussed above, correctly states the law, or contributes anything of publication-worthy value to the legal literature, or promotes sound public policy (and if it does, we CEQA practitioners and our clients are in really big trouble). [read post]
25 Sep 2017, 4:09 pm
In a published opinion filed September 19, 2017, the First District Court of Appeal reversed the trial court’s denial of a writ petition challenging defendant California Department of Pesticide Regulation’s (“Department”) approval of label amendments for two pesticides containing an active ingredient toxic to honeybees. [read post]
24 Nov 2015, 12:03 pm
” In rejecting the CSLC’s “position that, as the public trustee of submerged lands under the Bay, it had plenary authority to approve the mining leases without making any findings under the public trust doctrine[,]” the Court first reviewed the historical legal origins and guiding principles of that doctrine. [read post]
4 Oct 2021, 11:00 am
Per the Court, the project EIR in this case ran afoul of these legal principles by giving short shrift in its environmental setting description and impact analysis to Lake Tahoe, which all parties “appear[ed] to accept … is a unique and significant [regional] environmental resource that would be affected by the project. [read post]
23 Oct 2017, 5:22 pm
In 15-page opinion filed on September 15, and later certified for publication on October 16, 2017, the First District Court of Appeal affirmed the trial court’s judgment denying a writ petition challenging the Judicial Council of California’s (“Judicial Council”) EIR for its project to relocate and consolidate El Dorado County Superior Court operations into a single new building on the outskirts of Placerville. [read post]
8 Jan 2018, 4:31 pm
As we move into a brand new year of tracking CEQA developments, it seems like an appropriate time to survey and briefly recap some of the many significant published case law developments that occurred over the past year. [read post]
30 Mar 2015, 10:39 am
(Bain News Service, between ca. 1910 and ca. 1915). [read post]
26 Aug 2014, 12:51 pm
(See also Miller v. [read post]
26 Jun 2021, 11:15 am
A parent receiving public aid in Illinois must seek child support or allow the Department of Healthcare and Family Services to proceed with their child support claim. [read post]
25 Sep 2011, 10:59 pm
They walk around with their file folders filled with the legal paperwork that they hope will persuade a judge that their servicer has no right to foreclose, making the case that they lack legal standing because the securitization of their loans was improper, illegal, fraudulent, inadequate or should have otherwise not have been allowed. [read post]
25 Jul 2011, 11:17 am
Scott, 21 No. 40 Westlaw Journal Insurance Coverage 10, Westlaw Journal Insurance Coverage July 15, 2011A group of 11 public employees has sued the state of Florida, claiming that the government cannot legally make changes to its retirement system with respect to salary deductions and cost-of-living adjustments. [read post]
5 Feb 2023, 3:10 pm
To submit recommendations for consideration and inclusion in ComplexDiscovery’s cyber, data, and legal discovery-centric service, product, or research announcements, contact us today. [read post]
23 Sep 2013, 6:02 am
Miller : Global Supplier Codes of Conduct—Accountability through transparency in private ordering (Labor) Justine Nolan: The Corporate Responsibility to Respect and the Chasm betw [read post]
20 Feb 2012, 2:00 am
I’ve taken a week off from blogging to catch up on legal work for paying clients. [read post]
22 Nov 2010, 9:15 am
This blog is a service of Alston & Bird's Labor & Employment Group and focuses on the many unique issues facing California employers. [read post]
10 Apr 2014, 9:01 pm
If, as we expect, Hobby Lobby prevails, it will be very important for the preservation of other important legal principles and public policies that the Court not rule in Hobby Lobby’s favor on too broad a basis. [read post]
