Best Best & Krieger LLP

California Must Pick Up Stormwater Check

Local public agencies realized an important victory in a more-than-decade-long, who-should-foot-the-stormwater-bill battle — a battle focused on a permit issued by the Los Angeles Regional Water Quality Control Board to the…more
| Energy & Utilities, Zoning, Planning & Land Use

The Future of U.S. Infrastructure and Local Control Amid Post-Election Uncertainty

Post-Election Opportunities for Local Government Agencies - Last week, the nation experienced an election unlike any other in history. A major party candidate broke with his party’s governing philosophies, yet led that…more
| Elections & Politics

Evaluating a Project’s “Exacerbation” on Existing Environmental Hazards

Substantial Evidence Proving “Exacerbation” Required, California Appellate Court Says - A significant decision interpreting the scope of the California Supreme Court’s ruling in California Building Industry Association v…more
| Civil Procedure, Construction Law, Environmental Law, Real Estate - Residential, Zoning, Planning & Land Use

Billboard Regulations: Cities and Counties

No State Preemption of Local Billboard Regulations, California Appellate Court Finds - The Outdoor Advertising Act does not preempt local regulation of billboards, a California appellate court has ruled. In a decision that…more
| Communications & Media Law, Conflict of Laws, Zoning, Planning & Land Use

Endangered Fish v. Humans: The Fight Over Competing Water Needs

The struggle to allocate scarce water resources between endangered and threatened fish and humans is not new. But droughts in the Southwest, which lower stream flows, and population increases, which raise demand, have diminished…more
| Constitutional Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Cities and Counties Can Regulate Billboards in Unincorporated Areas

Long-Standing Questions Addressed by California Appellate Court - The Outdoor Advertising Act does not preempt cities and counties from regulating billboards in unincorporated areas, a California Appellate Court ruled. In a…more
| Communications & Media Law, Zoning, Planning & Land Use

Broadband Networks: FCC Says “One-Touch” Ordinance Does Not Violate Federal Law

The FCC has advised a federal district court that the City of Louisville, Kentucky’s “one-touch” make-ready ordinance does not violate the pole attachment provisions of federal law. Companies seeking to build new broadband…more
| Administrative Law, Communications & Media Law, Energy & Utilities

Best in Law: How to Navigate Legal Pitfalls of Using Airbnb

Knowing Local Laws and Rights for Short-Term Rental Success - Services such as Airbnb and VRBO offer service-sharing alternatives to traditional hotels and rentals. Indeed, these online platforms now provide a…more
| Commercial Law & Contracts, Real Estate - Residential, Taxation, Zoning, Planning & Land Use

California Adopts Measures Targeting Multifamily Residential Buildings for Water Conservation

In an effort to encourage water conservation throughout California, Gov. Jerry Brown recently signed a bill into law that will require the owner of any multi-unit residential development constructed after Jan. 1, 2018 to install…more
| Construction Law, Elections & Politics, Energy & Utilities, Real Estate - Residential, Zoning, Planning & Land Use

Financing Increased Demand On Pre-Existing Services Constitutes “Additional Services”

California Court Decision Rules on Mello-Roos Community Facilities Act of 1982 - Community Facilities Districts formed by a landowner vote may be used to finance increased demand on pre-existing services, a California…more
| Constitutional Law, Energy & Utilities, Real Estate - Residential, Taxation, Zoning, Planning & Land Use

California Coastal Act Takes Priority Over Housing Density Laws

Court Decision Provides Guidance for Affordable Housing Units within the Coastal Zone - The Second District Court of Appeal recently held that local agencies may be required to grant affordable housing density bonuses…more
| Construction Law, Environmental Law, Real Estate - Residential, Zoning, Planning & Land Use

Best in Law: Want to Cut Legal Costs? Avoid Litigation

BB&K Partner Lauren Strickroth Provides Litigation Cost-Saving Tips in the Press-Enterprise - The best strategy to minimize the cost of litigation is to avoid it altogether. Many businesses, trustees or individuals put…more
| Civil Procedure

SB 1266’s New Filing Requirements Apply Only to JPAs Providing Municipal Services

Failure to file will preclude JPAs from issuing bonds or incurring indebtedness - Gov. Jerry Brown recently signed into law Senate Bill 1266, which will require joint powers agencies and joint powers authorities that…more
| Administrative Law, Elections & Politics, Energy & Utilities

Gear Up for Driverless Cars: California DMV Amends Driverless Car Regulations to Include Local Governments

Less than a year after the initial release of draft autonomous vehicle regulations, the California DMV has changed course, issuing revised draft regulations that would not require self-driving cars to have steering wheels or…more
| Commercial Law & Contracts, Science, Computers, & Technology, Transportation

Four New California Cap and Trade Bills Fund Programs

$900 million in appropriations for fiscal year 2016-17 - With California’s cap and trade program suffering from legal challenges, decreasing auction revenue and general criticism of the program’s effectiveness, Gov. Brown…more
| Elections & Politics, Energy & Utilities, Environmental Law, Transportation, Zoning, Planning & Land Use
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