Civil Procedure Zoning, Planning & Land Use Government Contracting

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CEQA Exemption Update: Westland Water District Two-Year Contract Renewals Ruled Exempt from CEQA Requirements

In North Coast Rivers Alliance v. Westlands Water District, No. FO67383 (Cal. Ct. App. 5th Dist. July 3, 2014), the Fifth Appellate District upheld the Westland Water District and its related distribution districts’ (Water...more

Include A Clear and Unequivocal Statement in Your CDA Claim

As most contractors are aware, the Contract Disputes Act requires that a contractor must present the Contracting Officer with a certified claim prior to proceeding with a formal claim before the Board of Contract Appeals or...more

Broad Duty To Consult Is New Norm Under ESA In 9th Circ.

Recently, the Ninth Circuit sitting en banc issued a landmark decision regarding the consultation provisions of the Endangered Species Act. The consultation provisions require any federal agency that authorizes, funds or...more

En Banc Ninth Circuit Holds ESA Consultation Requirement Applies to Renewal of Long-Term Water Contracts

In a unanimous decision, eleven active judges on the United States Court of Appeals for the Ninth Circuit held that the duty to consult under section 7(a)(2) of the Endangered Species Act (ESA) when a federal agency action...more

FOIA 2013 Wrap-Up – Summary Of Year End PAC Opinions

The Attorney General’s Public Access Counselor (PAC) closed out the year by issuing two binding opinions. The following is a summary of key points from the opinions of which public bodies should be aware....more

Focus on Regulatory Law -- December issue

This bi-monthly Regulatory Newsletter synthesizes news in the energy, electronic communications, public health and public procurement legal sectors. The decisions and judgements of the French Supreme Administrative Court...more

Navigating Between CEQA’s Scylla and Charybdis: First District Applies Save Tara Analysis and Rejects Claims of Improper Project...

One of the most vexing issues arising under CEQA, particularly in cases of projects involving public-private partnerships or projects requiring public agency financial assistance, is the question of when project approval...more

Shell E & P Ireland Ltd v McGrath & ors

Judgement in Shell E & P Ireland Ltd v McGrath & ors

2.1 Shell issued proceedings against the six named defendants on the 4th March, 2005 with a statement of claim being delivered on the 18th April. Damages were sought together with various orders restraining the defendants...more

Even After Work is Completed and Accepted by the Project Owner, Contractors Have an Ongoing Duty to Maintain Construction Site...

On November 21, 2012, the Colorado Court of Appeals issued a decision with potentially far-reaching implications. In Collard v. Vista Paving Corp., 2012 COA 208 (2012), the court concluded that contractors have a duty to warn...more

Virginia Supreme Court Opinions Affecting Local Government Law: April 20, 2012

Today, the Virginia Supreme Court issued several opinions affecting the practice of Virginia local government law. The cases involve (1) the Gloucester County School Board and the Public Procurement Act, (2) Albemarle...more

Eminent Domain Opinion Demonstrates Need to Get Final Order Right the First Time

All eminent domain attorneys know the importance of getting the Final Order of Condemnation right. After all, it's the document that gets recorded, effecting the transfer of title to the agency. But sometimes mistakes...more

Texas General Land Office v. Porretto

Opinion Reversing and Rendering Judgment for Texas GLO

After the State of Texas lost an important trial concerning state versus private ownership of beachfront property, the State retained MDJW lawyers, Levon Hovnatanian and Dale Jefferson, to represent it in further proceedings...more

TORAY PLASTICS (AMERICA), INC. and POLYTOP CORPORATION v. PUBLIC UTILITIES COMMISSION

AMICUS BRIEF OF OCEAN STATE POLICY RESEARCH INSTITUTE

This is an Amicus Brief filed by Fabisch Law on behalf of the Ocean State Policy Research Institute urging the Rhode Island Supreme Court to remand the Deepwater Wind decision to the Public Utilities Commission and to...more

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