Latest Publications

Share:

Supreme Court Holds that Legislative Impact Fee Programs Can Constitute a Taking

Today, April 12, 2024, in Sheetz v. County of El Dorado, the U.S. Supreme Court unanimously overruled more than two decades of California precedent, holding that legislatively established development impact fee programs must...more

Public Officials and Social Media Posts: U.S. Supreme Court Provides Guidance on First Amendment Compliance

In its recent opinions in Linke v. Freed and O’Connor-Ratcliff v. Garnier, the U.S. Supreme Court considered if and when public officials violate the First Amendment rights of members of the public by blocking them from the...more

Adapting to Climate Change, Inland

Managed retreat—the process of moving people and property away from the shoreline—is an unpopular but increasingly accepted response to rising sea-levels. In the inaugural issue of Nossaman’s California Water Views – 2023...more

Are Legislatively Enacted Development Impact Fees on the Chopping Block?

The Supreme Court has granted certiorari in George Sheetz v. County of El Dorado, agreeing to answer the question of whether legislatively enacted development impact fees are subject to a lower level of constitutional...more

Podcast: Planning and Funding Climate Resilient California Coastal Infrastructure

According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with over 3,750 miles exposed to temporary flooding....more

Does Pullman Abstention Apply to Federal Takings Claims Post-Knick?

According to the U.S. Court of Appeals for the Ninth Circuit, the answer is a definitive yes....more

On-Demand Webinar | Planning and Funding Climate Resilient California Coastal Infrastructure [Video]

According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with over 3,750 miles exposed to temporary flooding....more

[Webinar] Planning and Funding Climate Resilient California Coastal Infrastructure - December 5th, 2:00 pm - 3:30 pm PT

According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with over 3,750 miles exposed to temporary flooding....more

Back to the Boardroom: California Local Agency Teleconferencing Rules for 2023 and Beyond

With Governor Newsom’s announcement that the COVID-19 State of Emergency will be lifted in California effective February 28, 2023, many local public agencies are considering their next steps for returning to their boardrooms...more

Service Finds Humpback Chub Swimming In The Right Direction

On October 18, 2021, the U.S. Fish and Wildlife Service (Service) issued a final rule reclassifying the humpback chub (Gila cypha), a fish endemic to portions of the Colorado River basin, from endangered to threatened under...more

Federal Court Decides to Take a Back Seat to State Takings Case

In Knick v. Township of Scott, 139 S.Ct. 2162 (2019), the Supreme Court reversed over three decades of precedent when it eliminated the requirement that a plaintiff exhaust state court remedies before pursuing a takings...more

Everything Local Public Agencies Need to Know About California’s New Rules on Virtual Meetings During the Pandemic

On September 16, 2021, Governor Newsom signed Assembly Bill 361 (2021-2022) (“AB 361”), which incorporated into California state law some aspects of the teleconferencing rules that have applied by Executive Order to local...more

Court Boots California Coastal Act Takings Case

The California Coastal Act is a regulatory regime with many layers and complexities. Generally, however, the Act requires development within a designated coastal zone to obtain a coastal development permit. This permit may be...more

Service to Further Evaluate Listing of Wolf and Mussel, But Not Delisting of Warbler

Earlier this week, the U.S. Fish and Wildlife Service (Service) published a Federal Register notice addressing 90-day findings for three separate species.  With the notice, two species moved one step closer to being listed...more

Court Upholds Concept of Rough Proportionality Invalidating Local Measure

In 1994, the U.S. Supreme Court issued its decision in Dolan v. City of Tigard, 512 U.S. 374, holding that in order for a dedication or exaction to pass constitutional muster, in addition to establishing an “essential nexus”...more

On-Demand Webinar | Living on the Edge: Managing Sea Level Rise in California [Video]

With the recent flurry of coastal law bills before the California State Legislature and the myriad headlines advising that we must retreat from the shore, sea level rise (SLR) and related climate change topics remain front...more

[Webinar] Living on the Edge: Managing Sea Level Rise in California - May 27th, 11:00 am - 12:00 pm PT

With the recent flurry of coastal law bills before the California State Legislature and the myriad headlines advising that we must retreat from the shore, sea level rise (SLR) and related climate change topics remain front...more

Sea Level Rise Legislation – What’s On The Horizon?

Sea level rise is a critical issue facing public agencies and property owners throughout the United States. In California alone, this phenomenon could impact thousands of residences and businesses, dozens of wastewater...more

Is The God Squad Heading Toward Extinction?

In the 1978 amendments to the Endangered Species Act (ESA), Congress created the Endangered Species Act Committee, also know as the “God Squad.” The God Squad is composed of mostly Cabinet-level officials, and has the...more

County's Forever Green Condition on Private Development Not a Taking

While there is a healthy debate over just how much the sea level will rise over the next 50 years, there is at least a general consensus that the sea level will rise. What this means for those on the coast depends on the...more

Fish and Game Commission Violated Law by Seeking to Protect Bees under CESA

The Sacramento Superior Court upheld a challenge to a decision by the California Fish and Game Commission to designate four subspecies of bumble bees as candidates for protection under the California Endangered Species Act...more

Who Has The Right To Develop A Pier?

If you know someone with property that borders, is adjacent to, or abuts a natural lake, pond, bay, sea, or ocean, they may have littoral property rights. What that means is they may have the right to build a pier out to the...more

COVID-19 Update: Courts Rule Limitations on Evictions Not a Taking

In response to the COVID-19 pandemic a number of local jurisdictions throughout the country adopted ordinances freezing rents and prohibiting or limiting evictions. Not surprisingly, some landlords were not particularly...more

Update on COVID-19 Takings Cases

As you may recall, it wasn’t too long after the Governor issued his executive order mandating the closure of certain businesses in California that the first takings lawsuit was filed. (See our coverage of Gondola Adventures,...more

Can’t Sue Here – Federal Court Closed to Takings Claim

Since the U.S. Supreme Court’s decision in Knick v. Township of Scott (2019) 139 S.Ct. 2162 eliminated the requirement for a plaintiff to exhaust state court remedies before pursuing a takings challenge in federal court,...more

199 Results
 / 
View per page
Page: of 8

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide