Best Best & Krieger LLP

Public Trust Doctrine & Water Rights - The Walker Case: Does the Public Trust Doctrine Apply to Water Rights Established in Judicial Decrees?

A case currently pending in the Ninth Circuit raises a significant and novel issue of western water law. The case addresses whether the public trust doctrine can authorize modification of a water rights decree and reallocation…more
| Conflict of Laws, Constitutional Law, Environmental Law, Zoning, Planning & Land Use

Best in Law: How Courts Sort Out Property Rights in Tough Bankruptcy Cases

A Chapter 7 bankruptcy liquidation proceeding, in its simplest form, is straightforward. When a person or company is unable to pay its debts, a bankruptcy trustee is appointed. The debtor’s property becomes a bankruptcy…more
| Bankruptcy

State Water Board Releases Draft Emergency Regulation Setting Fees For SGMA Intervention

In a new regulatory step under the Sustainable Groundwater Management Act, the State Water Resources Control Board released a draft emergency regulation that sets fees for state intervention activities. Comments are due by noon…more
| Environmental Law, Zoning, Planning & Land Use

Infrastructure Plan Watch: Hearings, Meetings and a Speech… but no White House Proposal

The roller coaster “infrastructure” ride in Washington, D.C. continues. With bi-partisan and broad stakeholder interest from both the public and private sector in an infrastructure plan, Congress continues to hold hearings and…more
| Construction Law, Elections & Politics, Government Contracting, Zoning, Planning & Land Use

Civil Discovery Act Applies to Public Records Act Proceedings, California Appellate Court Concludes

Public entities litigating California Public Records Act cases may now face the additional burden of responding to civil discovery requests. The Second District Court of Appeal recently issued its opinion in City of Los Angeles…more
| Administrative Law, Civil Procedure

Sweeping Climate Change Resolution Adopted by California State Water Board

The State Water Resources Control Board this week adopted a resolution containing a comprehensive set of climate change mitigation and adaptation actions to be applied across all actions by the Board and its regional boards. The…more
| Environmental Law, Zoning, Planning & Land Use

Appellate Challenge of NLRB's New Joint Employer Standard Moves Forward

The National Labor Relations Board’s adoption of a new standard for determining when two separate entities can be considered joint employers under the National Labor Relations Act will be the issue before the U.S. Court of…more
| Labor & Employment Law

E-Communications on Private Accounts May Be Subject to Disclosure Under the California Public Records Act

The California Supreme Court has finally decided a question that has, for years, vexed courts, public officials, the media and citizen watchdogs: Are electronic communications — emails, voicemails and texts — on private devices…more
| Administrative Law, Civil Procedure, Labor & Employment Law, Privacy

Is a Private Email a Public Record? Context Matters!

In deciding last week that communications on public agency employees’ private devices may be subject to disclosure under the Public Records Act, the California Supreme Court included some direction to help make the…more
| Administrative Law, Communications & Media Law, Labor & Employment Law, Privacy

Officials’ Top 10 Things to Remember About Public Participation in Local Government

As the national political climate heated up recently, some local governments are facing spillover effects, with local and sometimes even out-of-town activists and provocateurs attending city council, school board and other…more
| Constitutional Law, Education, Elections & Politics, Immigration Law

California to Require Domestic Water Suppliers to Test School Drinking Water for Lead

The State Water Resources Control Board recently adopted an amendment to all Domestic Water Supply Permits it issues to public water systems that supply drinking water. The amendment requires domestic water suppliers for schools…more
| Consumer Protection, Education, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

State Water Board Releases Latest Round of Proposed Emergency Drought Regulations for California*

The State Water Resources Control Board released this week a formal proposal to extend the emergency statewide drought regulations that have been in effect for California in various forms since early 2015. Cities, counties,…more
| Energy & Utilities, Environmental Law

Property Acquisition: Five Signs of Trouble Ahead

As much as public agencies want infrastructure projects to go smoothly, they rarely do. Even when a project is seemingly rolling along through right of way acquisition, there are still hurdles that inevitably impact budgets and…more
| Constitutional Law, Construction Law, Government Contracting, Real Estate - Commercial, Real Estate - Residential

Best in Law: How You Can Combat Chinese Counterfeits

Counterfeit products can create significant problems for businesses. Chinese counterfeiting costs foreign businesses billions of dollars a year in lost profits, according to an ABC News report last year. Counterfeiting…more
| Administrative Law, Civil Procedure, Civil Remedies, Intellectual Property, International Law & Trade

Dealing with Nuisance Properties: The Tools in Your Code Enforcement Tool Box

A nuisance residential or commercial property creates serious problems for the surrounding community and headaches for the officials who must deal with it. If left unchecked, these blighted properties become a chronic drain on…more
| Civil Remedies, Personal Injury, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use
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