Best Best & Krieger LLP

Tough Mandatory Water Restrictions of up to 36 Percent Retained in Draft Emergency Drought Regulation for California

State Water Resources Control Board Cites Need to Avoid Potential “Catastrophic Impacts” - The State Water Resources Control Board released revisions to its draft emergency regulations to restrict overall potable urban…more
| Administrative Law, Elections & Politics, Energy & Utilities, Environmental Law

Arrest Warrant Service is Not "Protected Activity" Under California's Anti-SLAPP Statute

Government Employees and Officials Should Heed Limits of the Statute’s Protections - The anti-SLAPP process can be successfully deployed by government entities, officials and employees in fending off lawsuits brought…more
| Constitutional Law, Criminal Law, Labor & Employment Law

U.S. Supreme Court Rules Prolonging Traffic Stop to Conduct Dog Sniff is Unconstitutional

Overview: Police may not extend a routine traffic stop to give a police dog time to conduct a search for narcotics, the United States Supreme Court held this week. The Court determined that, absent reasonable suspicion,…more
| Constitutional Law, Criminal Law, Privacy

California Court of Appeal Holds City's Tiered Water Rate Structure Violates Proposition 218

But City May Charge Potable Customers for the Costs of Developing Alternative Supply Projects, Such as Recycled Water - In an opinion anxiously awaited by many water agencies throughout California, the Fourth District Court…more
| Constitutional Law, Energy & Utilities

San Juan Capistrano Tiered Water-Use Rates Decision

The Fourth District Court of Appeal’s decision finding that San Juan Capistrano’s tiered water-use rates structure violated Proposition 218 generated a lot of news coverage, as these structures are likely to be a tool water…more
| Commercial Law & Contracts, Constitutional Law, Energy & Utilities

Mello-Roos Act Can Lawfully Finance Eminent Domain Actions

California Appellate Court Affirms Public Water District's Action to Buy Private Water Company - The Mello-Roos Act can be used to finance acquisitions by eminent domain, the Second District Court of Appeal affirmed in a…more
| Civil Procedure, Elections & Politics, Energy & Utilities, Finance & Banking, Mergers & Acquisitions

Draft Mandatory Regulation Restricting Water Use Released by California Water Resources Control Board

Expanded Tiering System; Next Round of Comments Due Wednesday - Moving at a swift pace, the State Water Resources Control Board released a draft emergency regulation over the weekend that, for the first time, would…more
| Administrative Law, Energy & Utilities

Upcoming Mandatory Water Regulations Draw Widespread Concern

The State Water Resources Control Board’s proposed regulatory framework for mandatory statewide water cutbacks drew 277 comment letters during the brief window of time allowed for input. The Water Board released its “Mandatory…more
| Administrative Law, Elections & Politics, Energy & Utilities

Water District Case Clarifies California Public Records Act Exemption for Utility Customers

“Customer” Includes a Business or Corporation, Judge Rules - The Public Records Act exempts from required disclosure the identities of commercial, as well as individual, utility customers, according to a recent Riverside…more
| Administrative Law, Commercial Law & Contracts, Energy & Utilities, Privacy

California Legislators Seek to Mandate More Transparency and Accountability in Government

In the wake of various investigative reports and public scandals, three California lawmakers have proposed reform legislation aimed at providing greater transparency and accountability in government. Three separate bills, now…more
| Administrative Law, Elections & Politics, Finance & Banking

Attorney Billing Invoices Privileged From Disclosure Under PRA

California Court of Appeal Rules Attorney-Client Privilege Exemption Covers Billing Invoices - Billing invoices sent by an attorney to a client are exempt from disclosure under the California Public Records Act, a…more
| Administrative Law, Civil Procedure, Privacy

FAQs on California’s Emergency Water Conservation Regulations

In the wake of Gov. Jerry Brown’s Executive Order calling for mandatory water reductions statewide, the State Water Resources Control Board went to work immediately on drafting emergency measures. Since Brown’s order two weeks…more
| Commercial Law & Contracts, Elections & Politics, Energy & Utilities, Environmental Law

New Federal Fracking Rules

Local Government Agencies with Authority Over Fracking Sites May Be Impacted - The U.S. Department of the Interior’s Bureau of Land Management recently released a final rule to provide new oversight over hydraulic…more
| Energy & Utilities, Environmental Law

GPS Monitoring of Sex Offenders Is a Fourth Amendment Search

U.S. Supreme Court Decision Another Reminder that Sex Offender Restrictions are Under Scrutiny - Forcing someone to wear an ankle bracelet to monitor her or his location is a Fourth Amendment search, the U.S. Supreme…more
| Constitutional Law, Criminal Law

Proposed Framework for Mandatory Water Use Reductions in California Released

Fast Track Ahead for Emergency Regulations - The State Water Resources Control Board late Tuesday issued the draft framework for forthcoming emergency regulations designed to help the state conserve water in the face of…more
| Administrative Law, Energy & Utilities, Environmental Law
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