Best Best & Krieger LLP

Drone on Drones: Justice Department Drone Policy Emphasizes Privacy and Transparency

Federal agencies deploying surveillance drones in domestic airspace will be required to conduct annual privacy reviews, the Department of Justice announced last week. The new policy aims to require DOJ employees to assess the…more
| Constitutional Law, Criminal Law, Privacy, Transportation

BB&K Police Bulletin: Arresting Armed, Mentally Ill Suspects

Officers May Have Immunity from Liability, Supreme Court Says - Overview: The United States Supreme Court found that two police officers were immune from liability under 42 U.S.C. section 1983 even if the officers failed to…more
| Civil Procedure, Civil Rights, Constitutional Law, Personal Injury

How to Avoid Brown Act Violations When Discussing Litigation Issues

A nearly $400,000 severance deal struck between Pasadena Community College and its former president was nullified by a judge after determining that the deal was improperly discussed and finalized in closed session. A Los Angeles…more
| Administrative Law, Civil Procedure, Education, Labor & Employment Law

Municipal Cable Franchise Transfer Toolkit

A cable operator generally cannot transfer control of its business or transfer its cable franchise without the prior approval of the franchising authority. This gives the franchising authority the opportunity to resolve…more
| Commercial Law & Contracts, Communications & Media Law, Energy & Utilities, Franchise Law

Santa Monica Takes Bold Steps to Enforce its Short-Term Rental Regulations

One of the chief issues facing local governments as they contend with regulation of short-term rental marketplaces is the trouble of enforcing whatever framework they develop. After passing tough regulations last week, the City…more
| Administrative Law, Commercial Law & Contracts, Zoning, Planning & Land Use, Real Estate - Residential, Taxation

Proposed California Law Would Automatically Approve Applications for Cell Sites

Municipalities Should Act Immediately if They Wish to Make their Views Known to their Legislators - The California State Assembly’s Local Government Committee has unanimously voted Assembly Bill 57 out of committee, moving…more
| Communications & Media Law, Constitutional Law, Zoning, Planning & Land Use

California's Office of Planning and Research Releases Draft Technical Advisory for Formal Native American Consultations Under AB 52

Comments on the Draft Advisory due by June 1 - The Office of Planning and Research released a Draft Advisory earlier this month entitled “Discussion Draft Technical Advisory: AB 52 and Tribal Cultural Resources in CEQA” to…more
| Environmental Law, Zoning, Planning & Land Use

BB&K Police Bulletin: Supreme Court Allows Court-Ordered Transfer of Felon's Fire Arms to Third Parties

Transfer OK Only If Felon Has No Control Over Weapon - Overview: A court-ordered transfer of a felon’s lawfully owned firearms from government custody to a third party is not barred by federal law prohibiting a felon to be…more
| Constitutional Law, Criminal Law

Santa Paula’s Water Recycling Facility Purchase Caps Successful Public-Private Partnership

The City of Santa Paula’s decision to purchase its much-touted and award-winning water recycling facility highlights how this pioneering public-private partnership project has proven to be a triumphant model of risk assessment…more
| Construction Law, Energy & Utilities, Finance & Banking, Government Contracting

Shifting Landscapes: Regulatory Challenges Stemming from Emerging Technologies

In the modern era, the world moves fast—aided by technology that is constantly evolving and changing our relationships with each other and with the world around us. Technological developments challenge state and local agencies…more
| Administrative Law, Privacy, Real Estate - Residential, Science, Computers, & Technology, Transportation

Law Enforcement Data May Not Be Subject to PRA

Data collected by automated license plate readers is exempt from disclosure under the Public Records Act, a California appellate court held this week. ALPRs scan license plates visible from their position and automatically check…more
| Criminal Law, Privacy

State Board Issues Curtailment Notices of Surface Water Rights Diversions

Just as it did in 2014, the State Water Resources Control Board has issued several notices of curtailment for surface water rights holders in various watersheds because California’s extreme drought has resulted in insufficient…more
| Energy & Utilities, Real Estate - Residential, Real Estate - Commercial

State Water Resources Control Board Adopts Emergency Water Restrictions Throughout California

Sweeping Regulations Expected to Take Effect by May 15 - The State Water Resources Control Board took final action on emergency regulations designed to achieve an overall 25 percent reduction in potable urban water use…more
| Administrative Law, Energy & Utilities

Ruling Guides Cities on How to Regulate Holiday Displays

A high-profile case that provides guidance on how local governments might approach holiday display regulations without violating constitutional rights was decided last week by a federal appellate court. The City of Santa Monica…more
| Civil Procedure, Constitutional Law, Zoning, Planning & Land Use

Drone on Drones: Line-of-Sight Requirements Limit Potential Uses of Drones

Many conceptions of the future of drones hinge on the idea of nearly autonomous UAVs flying through the sky, doing everything from maintaining public safety to delivering products to your home. There are many obstacles — some…more
| Science, Computers, & Technology, Transportation
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