Miller Starr Regalia

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1331 N. California Blvd.
5th FL
Walnut Creek, CA 94596, United States
Contact: Nadine Nassif
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Litigation
  • Real Estate
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Locations
Other U.S. Locations
  • California
Number of Attorneys
25-50 Attorneys

Standing Against Environmental Injustice: Some Thoughts On Facing The Need For CEQA Litigation Reform

CEQA, our state’s landmark environmental protection act, is a venerable law with an illustrious history now spanning over 45 years. But it’s also being abused every day, distorted for non-environmental ends not worthy of it –…more
 /  Civil Procedure, Constitutional Law, Environmental Law

Supreme Disappointment: High Court’s Narrow Opinion In SANDAG RTP/SCS EIR Case Offers Little Guidance On CEQA GHG Analysis

On July 13, 2017, the California Supreme Court rendered a 6-1 decision holding that the San Diego Association of Governments’ (SANDAG) 2011 EIR for its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS)…more
 /  Civil Procedure, Environmental Law, Zoning, Planning & Land Use

California Supreme Court Holds that Landowners Forfeited Right to Challenge Conditions of Permit to Build New Seawall by Proceeding with Construction

On July 2, 2017, the California Supreme Court issued its opinion in Lynch v. California Coastal Commission, __ Cal.5th __ (Case No. S221980), holding that the owners of two coastal bluff properties in Encinitas forfeited their…more
 /  Civil Procedure, Zoning, Planning & Land Use

California’s Anti-SLAPP Statute: A Potent, Yet Confounding, Weapon

Lawsuits designed to chill the valid exercise of the constitutional right of free speech or the right to petition, denominated as “strategic lawsuits against public participation” (or “SLAPP” suits), have taken on increasing…more
 /  Business Organizations, Civil Procedure, Communications & Media Law, Constitutional Law, Real Estate - Residential

Voters May Not Usurp City’s Administrative Land Use Authority Through Initiative Process

In The Park at Cross Creek LLC v. City of Malibu (2nd Dist. 2017), ___Cal.App.5th___ (Case No. B271620), the Court addressed the validity of a voter enacted initiative, Measure R, designed to limit large developments and chain…more
 /  Zoning, Planning & Land Use

SCOTUS Announces New Multi-Factor Test to Determine the Relevant Parcel in Regulatory Takings Cases

On June 23, 2017, the Supreme Court of the United States finally decided Murr v. Wisconsin, __ U.S. __ (2017) (Case No. 15-214), a case that addressed land use regulations that “merged” adjacent parcels (the first of which was…more
 /  Civil Procedure, Constitutional Law, Zoning, Planning & Land Use, Real Estate - Residential, Real Estate - Commercial

Sierra Club/CBD Seek Depublication of CEQA Decision Addressing Discretionary/Ministerial Project Approval Distinction

On June 16, 2017 – without seeking either rehearing in the First District Court of Appeal or review by the Supreme Court – losing appellants Sierra Club and Center for Biological Diversity filed a letter asking the Supreme Court…more
 /  Environmental Law

Fifth District Grants Rehearing, Vacates Prior Published Opinion, and Issues Slightly Modified Published Opinion in POET II CEQA Litigation

On May 2, 2017, the Fifth District Court of Appeal vacated its earlier order and writ, and on May 5 it granted Respondents’ request for rehearing in the CEQA litigation entitled Poet, LLC v. State Air Resources Board, et al…more
 /  Civil Procedure, Environmental Law

Fifth District Holds CEQA Action Challenging Individual DOGGR Oil Well Permits Not Barred By Res Judicata Based On Prior Judgment Rendered On Mootness/Ripeness Grounds

In a 38-page opinion filed May 4, and belatedly ordered published on May 25, 2017, the Fifth District Court of Appeal reversed a judgment dismissing a writ petition filed by three environmental groups alleging CEQA violations…more
 /  Energy & Utilities, Environmental Law

First District Holds CEQA Action Can Be Brought Directly Against Local Air District to Challenge “Authority to Construct” Issued for Mendocino County Asphalt Production Operation

In an opinion filed March 23, and belatedly modified and ordered published on May 25, 2017, the First District Court of Appeal reversed the trial court’s dismissal of a plaintiff environmental group’s (“Friends”) CEQA action…more
 /  Environmental Law, Zoning, Planning & Land Use

What’s Ironic?

We’ve come a long way since 1911, when the initiative and referendum processes were enshrined in the state constitution to address corruption in state government caused by special interests. For some reason that reality reminds…more
 /  Zoning, Planning & Land Use

Findings May be Legally Adequate Even if They Merely Recite the Language of the Ordinance

On April 4, 2017, in Young v. City of Coronado, __ Cal. App. 5th __ (2017) (Case No. D070210), the Court of Appeal for the Fourth Appellate District affirmed a trial court decision denying a challenge to the City of Coronado’s…more
 /  Civil Procedure, Zoning, Planning & Land Use

Fourth District Holds Substantial Evidence Supports City of San Diego’s Rejection of MND and Denial of Minor Residential Subdivision In Low Density La Playa Neighborhood

In a short opinion filed May 17, 2017, and belatedly ordered published (for unknown reasons) just six days later, the Fourth District Court of Appeal reversed the trial court’s judgment granting a writ of mandate that set aside…more
 /  Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

Courts Will Not Second-Guess Development Decisions When the Findings are Supported by Substantial Evidence

On May 23,2017, the Court of Appeal for the Fourth Appellate District granted a request to publish Kutzke v. City of San Diego, __ Cal. App. 5th __ (2017) (Case No. D070288), another opinion that shows the deference courts give…more
 /  Construction Law, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

Court Holds that Attorney-Client Privilege Extends to Environmental Consultants Hired by an Attorney on Behalf of a Client, but Only to the Extent Communications are Made for the Purpose of Obtaining Legal Advice from the Attorney

The attorney-client privilege protects communications made in confidence by a client to its attorney for the purpose of obtaining legal advice. The privilege can extent to consultants and experts hired by the attorney on behalf…more
 /  Civil Procedure, Environmental Law
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