Miller Starr Regalia

Fourth District Holds CEQA Does Not Require City To Predict ESHA Determinations In Approving Project Over Which Coastal Commission Retains Permitting Jurisdiction, And Applies Deferential Standard In Reversing Trial Court’s General Plan Inconsistency Finding

In a published opinion filed May 20, 2015, the Fourth District Court of Appeal reversed the trial court’s judgment granting mandate relief based on a general plan violation, affirmed its denial of relief under CEQA, and thereby…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use

Sixth District Applies CEQA’s “Fair Argument” Standard, Holds That Despite Project’s Compliance With Local Noise Ordinance, EIR Rather Than Mitigated Negative Declaration Is Required Based On Factual, Non-Expert Evidence Of Noise And Traffic Safety Impacts

On May 7, 2015, the Sixth District Court of Appeal filed a published opinion addressing numerous issues of interest under CEQA’s “fair argument” test for preparing an Environmental Impact Report (“EIR”). Keep Our Mountains Quiet…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use, Transportation

California Foreclosure Law: Plaintiff May Recover Tort Damages For A Claim Of Wrongful Foreclosure

In a wrongful foreclosure lawsuit, the plaintiff may recover tort damages – i.e., any damages proximately caused by the foreclosing defendant, the Fourth District Court of Appeal held last week. Miles v. Deutsche Bank National…more
| Civil Procedure, Finance & Banking, Business Torts, Real Estate - Residential, Taxation

Executive Order B-30-15 And CEQA GHG Analysis: Evolving Uncertainty At The Intersection Of Law, Policy And Science

I recall that Mike Zischke, co-author of CEB’s excellent CEQA treatise, used to be fond of saying the “normal” or “usual rules” for analyzing cumulative impacts should apply to analysis of a project’s greenhouse gas (GHG)…more
| Elections & Politics, Environmental Law, Zoning, Planning & Land Use

Winners Beware – Fourth District Upholds Trial Court’s Discretion To Drastically Reduce Successful CEQA Plaintiff’s Fees In Granting CCP §1021.5 “Private Attorney General” Award

In an opinion filed March 18 and belatedly ordered published on April 13, 2015, the Fourth District Court of Appeal upheld a trial court’s discretion to award only $19,176 in attorneys’ fees under Code of Civil Procedure §…more
| Civil Procedure, Civil Remedies, Environmental Law, Zoning, Planning & Land Use, Real Estate - Commercial

Second District Holds First Tier CEQA Analysis Suffices For Regional Board’s Setting of Novel TMDL For Lake Bed Sediment

In a short published opinion, the Second District Court of Appeal rejected federal Clean Water Act, state Porter Cologne Water Quality Control Act, and CEQA challenges to a regional board’s Basin Plan Amendment establishing a…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use

Recent California Decisions Reinforce Need for Care in Electronic Contracting

In mid-1999, the National Conference of Commissioners on Uniform State Laws, responding to an intensifying reliance on electronic communications and a corresponding need for clarity as to the legal enforceability of agreements…more
| Real Estate - Residential, Real Estate - Commercial

CEQA Review of Sacramento Kings Downtown Arena Project Held Legally Adequate In Published Third District Opinion

In a published opinion filed February 18, 2015, the Third District Court of Appeal rejected all legal challenges to the City of Sacramento’s EIR and CEQA compliance for approval of its new downtown entertainment and sports…more
| Art, Entertainment, & Sports Law, Environmental Law, Zoning, Planning & Land Use, Transportation

Supreme Court Will Review CEQA Decision Invalidating SANDAG’s 2050 RTP

On March 11, 2015, the California Supreme Court granted the San Diego Association of Governments’ (SANDAG) petition for review of the Fourth District Court of Appeal’s decision in Cleveland National Forest Foundation v. San…more
| Environmental Law, Zoning, Planning & Land Use, Transportation

Work Done Under Unchallenged CEQA Emergency Exemption Held Part Of Existing Environment Baseline In Subsequent CEQA Challenge To Permanent Permits

In a decision filed January 29, and belatedly ordered published on February 18, 2015, the Fourth District Court of Appeal rejected numerous CEQA (and other) challenges to the City of San Diego’s regular, after-the-fact coastal…more
| Environmental Law, Zoning, Planning & Land Use, Government Contracting

California Supreme Court Construes CEQA’s “Unusual Circumstances” Exception to Categorical Exemptions in Berkeley Hillside Preservation v. City of Berkeley Decision

In a 46-page majority opinion written by Justice Chin and joined by four other justices, punctuated by an 18-page concurring opinion (by Justice Liu, joined by Justice Werdegar) which reads like a dissent, the California Supreme…more
| Construction Law, Environmental Law, Zoning, Planning & Land Use, Real Estate - Residential

Third District Rejects CEQA Challenge To Program EIR For California Department of Fish and Wildlife’s Statewide Fish Hatchery/Stocking Enterprise

In a lengthy published decision filed February 10, 2015, and addressing consolidated appeals in three related actions, the Third District Court of Appeal affirmed the trial court’s judgment rejecting petitioner and appellant…more
| Environmental Law, Zoning, Planning & Land Use

CEQA Roundup – Recent Developments

Numerous CEQA-related developments have recently been in the news. Some of possible interest include: Kings and Kern Counties, the Kings County Farm Bureau, and a number of other groups filed a petition on February 9 with the…more
| Agriculture, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Transportation

How CEQA’s Administrative Record Preparation Process Could Be Reformed By Eliminating CEQA Petitioners’ Statutory Option To Prepare The Record

I recently analyzed proposed legislation (SB 122) seeking to create an alternative procedure for preparation of the CEQA administrative record concurrently with administrative proceedings on a project and prior to any litigation…more
| Administrative Law, Construction Law, Environmental Law, Real Estate - Commercial, Zoning, Planning & Land Use

Legal Update: Enforceability of Contenancy Clauses in Retail Leases

In a case of first impression, the California Court of Appeal recently weighed in on the enforceability of cotenancy clauses in retail leases. A cotenancy clause typically provides that if a specified major tenant or a certain…more
| Civil Procedure, Commercial Law & Contracts, Real Estate - Commercial
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Contact

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
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Other U.S. Locations
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Number of Attorneys

50-100 Attorneys

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