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Supreme Court Set To Hear Important CEQA Subsequent Review Case

On May 4, 2016, at 9 a.m. in its San Francisco courtroom, the California Supreme Court will hear oral arguments in yet another of the many significant CEQA cases it has tackled in recent years, this one presenting critically…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use

U.S. Supreme Court Denies Review of California Supreme Court Decision Upholding San Jose Inclusionary Housing Ordinance

February 29, 2016 was a notable leap year day for the United States Supreme Court. To the surprise of most in the courtroom that day, Justice Clarence Thomas asked his first question from the bench in more than 10 years. The…more
| Civil Procedure, Construction Law, Real Estate - Residential, Zoning, Planning & Land Use

Fourth District Holds CEQA’s Definition of “Project” Does Not Encompass Municipal Ordinance Merely Restating Existing Prohibition of Mobile Marijuana Dispensaries

In a published opinion filed March 25, 2016, the Fourth District Court of Appeal affirmed the trial court’s judgment denying a writ petition that challenged a 2013 ordinance of the City of Upland which expressly prohibited…more
| Environmental Law, Real Estate - Commercial, Zoning, Planning & Land Use

Horse Of A Different Color: CEQA Does Not Require EIR Due To Psychological And Social Impacts From Closure Of Beloved Equestrian Boarding Facility In Small “Country” City

In a March 4, 2016 published opinion, the Fourth District Court of Appeal reversed the trial court’s judgment requiring an EIR for a small 12-home rural subdivision project based on the “psychological and social” impacts of the…more
| Civil Procedure, Construction Law, Environmental Law, Real Estate - Residential, Zoning, Planning & Land Use

Justice Scalia’s Enduring CEQA and Land Use Law Legacy

With the February 13 passing of U.S. Supreme Court Associate Justice Antonin Scalia, American jurisprudence lost an intellectual giant. But Justice Scalia will not be forgotten; the legacy of his life’s work lives on. While much…more
| Constitutional Law, Environmental Law, Zoning, Planning & Land Use

Will The Supreme Court Loosen The Reins On Regulatory Takings Claims?

It is an understatement to say that pursuing a claim against the government for a Fifth Amendment regulatory taking is difficult. The United States Supreme Court has described such claims as presenting “an especially steep…more
| Civil Procedure, Constitutional Law, Zoning, Planning & Land Use, Real Estate - Residential, Real Estate - Commercial

Motion to Amend CEQA Action Judgments to Make Additional Judgment Debtor Liable For Million Dollar Fee Award Not Barred By Plaintiffs’ Unreasonable Four-Year Delay Or Laches Absent New Party’s Showing Of Prejudice, Holds Fourth District

In a published opinion filed January 26, 2016, the Court of Appeal for the Fourth Appellate District (Division 2) reversed a trial court’s order denying CEQA plaintiffs’ motion to amend judgments entered four (4) years earlier…more
| Civil Procedure, Civil Remedies, Environmental Law, Real Estate - Residential, Zoning, Planning & Land Use

OPR Releases Revised Proposed CEQA Guidelines Amendment To Implement SB 743 Traffic Analysis Mandates

The evolution of CEQA traffic impacts analysis from level of service (LOS) methodology to a vehicle miles traveled (VMT) analysis continues apace. The latest step in this revolutionary paradigm shift was the January 20, 2016…more
| Environmental Law, Transportation, Zoning, Planning & Land Use

Are You My Brokers? The Evolving Legal Status of the Real Estate Salesperson

Under the Real Estate Law that governs the regulation of brokers and salespersons by the Bureau of Real Estate, a salesperson is theoretically subject to supervision and control at all times by the broker that employs the…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Real Estate - Residential, Real Estate - Commercial

When CEQA Violations Are An Afterthought: Fourth District Upholds Trial Court’s Independent Judgment Determination That City Of Anaheim Is Equitably Estopped To Unilaterally Modify Resort Hotel CUP Conditions

CEQA and land use law in California go together like a hand in a glove. Due to CEQA’s broad scope and exacting substantive and procedural requirements, it is relatively easy to plead a cause of action for CEQA violations in most…more
| Civil Procedure, Environmental Law, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

CDFA Program EIR Violates CEQA By Failing To Analyze Invasive Moth Control Program As Alternative To Eradication, Holds Third District

In a lengthy opinion filed December 2, 2015, and belatedly ordered published on January 4, 2016, the Third District Court of Appeal invalidated the California Department of Food and Agriculture’s (CDFA) programmatic EIR for a…more
| Agriculture, Civil Procedure, Environmental Law, Zoning, Planning & Land Use

Supreme Engagement: CEQA’s Continuing Saga In California’s High Court

A new year often brings fresh perspective. With 2016 still in its infancy, it is natural to reflect back on what has been and also to contemplate what is yet to come. The California Supreme Court’s recent CEQA decisions, and its…more
| Conflict of Laws, Construction Law, Environmental Law, Transportation, Zoning, Planning & Land Use

California Supreme Court Holds “CEQA-In-Reverse” Is Not The Norm, Reverses And Remands First District’s Judgment In CBIA v. BAAQMD

In a unanimous 24-page opinion authored by newly seated Justice Cuellar and filed December 17, 2015, the California Supreme Court resolved a fundamental issue regarding CEQA’s scope, holding that – with certain specific…more
| Civil Procedure, Construction Law, Environmental Law, Zoning, Planning & Land Use

First District Reissues Slightly Modified Opinion on Retransfer From Supreme Court Rejecting Most CEQA Challenges to Cal State East Bay Campus Expansion EIR

On November 30, 2015, following a grant and retransfer from the California Supreme Court and reconsideration in light of City of San Diego v. Board of Trustees of California State University (2015) 61 Cal.4th 945, the First…more
| Civil Procedure, Education, Environmental Law, Zoning, Planning & Land Use

Lost in Translation: Supreme Court Elucidates CEQA GHG Analysis, “Fully Protected” Species Take Prohibition, And Issue Exhaustion In Decision Finding Newhall Ranch Development EIR Flawed

In a 5-2 decision filed November 30, 2015, the California Supreme Court reversed the judgment of the Court of Appeal which had upheld the EIS/EIR for the controversial Newhall Ranch development project. Center For Biological…more
| Construction Law, Environmental Law, Finance & Banking, Real Estate - Residential, Zoning, Planning & Land Use
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Contact

1331 N. California Blvd.
5th FL
Walnut Creek, CA 94596, United States

Contact: Nadine Nassif


Areas of Practice
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  • Appellate Practice
  • Business Organizations
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Other U.S. Locations
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Number of Attorneys

25-50 Attorneys

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