Best Best & Krieger LLP

State Water Board Considering Extension to Drought Emergency Regulations

Despite plentiful rain and snow across much of California, the State Water Resources Control Board is considering extending its emergency drought regulations in early February. During a public workshop in Sacramento on…more
| Energy & Utilities, Environmental Law

The Trump Infrastructure Plan

There is plenty of uncertainty surrounding what President-elect Donald Trump’s infrastructure plan will be. What is certain is that: 1.) things will move quickly in Washington, D.C. in the coming weeks and 2.) now is the time to…more
| Elections & Politics, Finance & Banking, Transportation, Zoning, Planning & Land Use

FCC Shot Clock Not Tolled by Applicant Delays or Vague Notice of Incompleteness, Court Finds

A city granting an applicant’s request for a continuance of a public hearing over installation of a wireless tower is not a mutual agreement to toll the FCC’s “shot clock,” a federal court has ruled. In addition, a vague notice…more
| Administrative Law, Civil Procedure, Communications & Media Law, Zoning, Planning & Land Use

New Law Enables Small Employers to Resume Health Reimbursement Arrangements

One of the unintended consequences of the Affordable Care Act had been the elimination of health reimbursement arrangements as a tool for small employers to avoid the complexities of maintaining a group health plan and the…more
| Health, Labor & Employment Law

The Ethics Advisor: Good Governance Floats on a Sea of Integrity

“In civilized life, law floats in a sea of ethics,” the late Earl Warren, who served as a U.S. Supreme Court chief justice and as California attorney general and governor, stated in a 1962 speech. In a closely related sense,…more
| Elections & Politics

HUD Issues New Broadband Mandates

As most prepared for the holiday season, the U.S. Department of Housing and Urban Development converted two broadband mandate proposals into orders and published them in the Federal Register. “Narrowing the Digital Divide…more
| Communications & Media Law, Construction Law, Real Estate - Residential, Science, Computers, & Technology

Legal Invoices to Public Agencies in California May Be Exempt from Disclosure

In a case that pitted government transparency against a public agency’s interest in confidential communications with its attorney, the California Supreme Court came down on the side of protecting attorney-client privileged…more
| Civil Procedure, Privacy

California Releases Updated Groundwater Information Resource

The California Department of Water Resources has released an interim update of Bulletin 118, the state’s primary groundwater information resource. The update addresses time-sensitive information that agencies will need to comply…more
| Energy & Utilities, Environmental Law

Looking Forward: New California Laws for Public Agencies

Like years past, there were plenty of laws passed in Sacramento in 2016 that will impact public agencies. Here is a summary of those that have specific importance to your work. We hope that you will contact us for further…more
| Elections & Politics

21st Century Cures Act Permits Standalone HRAs for Small Employers

The 21st Century Cures Act, signed into law by President Obama on Dec. 13, permits small employers to offer standalone health reimbursement arrangements that may reimburse individual market insurance premiums, among other types…more
| Health, Labor & Employment Law

BB&K Advocacy Brief: Proposition 54 and Local Governments

The intent of Proposition 54 is to prevent legislation that mysteriously appears in the final hours of session by requiring bills to be published online for three days (72 hours) before a final vote. It passed with a commanding…more
| Constitutional Law, Elections & Politics

California Senate Committee Chairs Announced

California Senate pro Tempore Kevin De Leon announced the new committee chairs and members today. Although chairs of state legislative policy committees do not wield the same control as federal committee chairs, they do control…more
| Elections & Politics

Police Arrest Videos Not Considered Confidential

The California Supreme Court recently denied considering an appellate court ruling from a case in Eureka that police arrest videos cannot be considered confidential officer personnel records and therefore kept from public view…more
| Civil Procedure, Civil Rights, Communications & Media Law, Labor & Employment Law, Privacy

FPPC Weighs in on Recreational Marijuana Ethics Issues

Local officials handling recreational marijuana issues will find guidance in two advice letters issued by the Fair Political Practices Commission in the wake of last month’s passage of Proposition 64, the Adult Use of Marijuana…more
| Commercial Law & Contracts, Conflict of Laws, Elections & Politics

CEQA Document Filing Fees Increase

Filing fees are being increased by the California Department of Fish and Wildlife for all California Environmental Quality Act Notices of Determination filed on or after Jan. 1. As was the case in 2016, no DFW fee will be…more
| Environmental Law, Zoning, Planning & Land Use
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