Downey Brand LLP

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621 Capitol Mall | 18th Floor
Sacramento, CA 95814, United States
Phone: 916.444.1000
Fax: 916.444.2100
Areas of Practice
  • Agriculture
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • Nevada
Number of Attorneys
100+ Attorneys

Will the National Flood Insurance Program (NFIP) be reauthorized, extended, or what?

The National Flood Insurance Program (NFIP) will expire at the end of the month. For anyone that has read the newspaper lately, this is a lousy time for the program to expire with two hurricane’s bearing down on the Eastern…more
 /  Commercial Law & Contracts, Elections & Politics, Insurance, Real Estate - Commercial, Real Estate - Residential

How Should the Flood Management Community Deal with the Uncertainty of Climate Change?

Despite reticence in Washington, D.C. about the term “climate change” (see our previous blog post on this topic), there is plenty of discussion in the media and in scientific circles about whether intense, off-the-charts storms…more
 /  Environmental Law, Zoning, Planning & Land Use

Look! Up in the Sky! It’s Sibling Lawyer!

I’m a sibling lawyer. My career started early, as a middle child, and now continues as a Sacramento-based trust and estate litigation attorney. Most of my clients are grappling with sisters or brothers over the care and finances…more
 /  Wills, Trusts, & Estate Planning

Senate Democrats Are Eager to Invest in Infrastructure, Including Flood (but what about Climate Change?)

The democratic members of the Senate Environment & Public Works (EPW) Committee took the initiative to lay out their priorities for a future infrastructure package. Those priorities, totaling over $500 billion, are included in a…more
 /  Elections & Politics, Environmental Law

Flooding in Houston: Can We – Should We? – Plan for Such Massive Flooding Events?

All eyes are appropriately on Houston right now, where record rainfall has led to catastrophic flooding, loss of life, inestimable damages, and years if not decades of recovery and re-building. Around the country, many…more
 /  Environmental Law, Zoning, Planning & Land Use

Fourth Appellate District Upholds City of San Diego’s Rejection of Subdivision Project and Related MND

CEQA decisions usually arise in the context of a challenge to a lead agency’s approval of a project and a related CEQA document. However, in a recent decision, Kutzke v. City of San Diego (2017) 11 Cal.App.5th 1034 (certified…more
 /  Administrative Law, Civil Procedure, Construction Law, Real Estate - Residential, Zoning, Planning & Land Use

California Supreme Court Rules That Independent Contractors Are Not Excluded From Section 1090’s Conflict Provisions

The California Supreme Court ruled on June 26, 2017 in People v. Superior Court of Riverside County that the Government Code prohibition against a public employee or officer’s participation in contracts in which that person has…more
 /  Business Torts, Government Contracting

Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause

One of the most dramatic areas of California trust and estate litigation is no contest clauses. No contest clauses bring a made-for-tv excitement to the practice of trust and estate law because of the risk of disinheritance. Yet…more
 /  Wills, Trusts, & Estate Planning

Trump Executive Order Issued on Federal Flood Risk Management Standard and Regulatory Reform

August 15, 2017 was a busy day for the Trump Administration. While interacting with the press and other politicians regarding the protests and counter-protests in Charlottesville, Virginia, the White House was also issuing an…more
 /  Elections & Politics, Energy & Utilities, Environmental Law

California Professional Fiduciaries Help Elders and Resolve Conflicts

California trust and estate disputes may be avoided or resolved with the appointment of a private professional fiduciary to act in an oversight role with respect to an elder’s care and/or finances.  In a recent post, we…more
 /  Wills, Trusts, & Estate Planning

“Self-Governance,” Not “Regulation”: California Supreme Court Rules No Federal Preemption of CEQA under ICCTA for State-Owned Rail Projects

On July 27, the California Supreme Court released its long-awaited decision in Friends of the Eel River v. North Coast Railroad Authority (S222472), resolving a split among the State’s courts of appeal—but arguably conflicting…more
 /  Civil Procedure, Conflict of Laws, Environmental Law, Transportation, Zoning, Planning & Land Use

Local California Governments Sue Fossil Fuel Companies for Rising Sea Levels

On July 17, 2017, Marin County, San Mateo County, and the City of Imperial Beach filed three lawsuits in California Superior Court against a number of large oil, gas and coal companies. The complaints assert a variety of state…more
 /  Energy & Utilities, Environmental Law

DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit

On July 21, 2017, the California Department of Water Resources (“DWR”) certified the final environmental document and issued its Notice of Determination for the California WaterFix, a significant new water infrastructure…more
 /  Energy & Utilities, Environmental Law

Cause for Concern Over Organic Fertilizer Made from Food Waste?

In December 2016, the National Organic Program (NOP) issued guidance 5034-1 that can be interpreted as approving of food waste for use in organic crop production (for example, as an input in fertilizer) without regard to whether…more
 /  Administrative Law, Agriculture, Energy & Utilities, Environmental Law

WaterFix EIR Certification and NOD Client Alert

On Friday, July 21, 2017, the California Department of Water Resources (“DWR”) certified the Environmental Impact Report for the California WaterFix tunnels project and filed a Notice of Determination with the Governor’s Office…more
 /  Energy & Utilities, Environmental Law
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