Miller Starr Regalia

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

Contact: Nadine Nassif

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

Not Worth The Paper It's Printed On? Strategies For Dealing With The Fraud Exception To The Parol Evidence Rule

This article explores possible measures that parties to commercial transactions and their attorneys can take to help ensure greater contract certainty when fraud claims of one type or another are not barred by the parol evidence…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Personal Injury

Latest Proposed CEQA Legislation (SB 122) Seeks To Reform Administrative Record Process – At A Price

California Senate Bill No. 122 (SB 122), introduced by Senators Jackson, Hill and Roth on January 15, 2015, appears to be the newest stab at legislative CEQA “reform.” But numerous of SB 122’s embryonic provisions raise…more
| Environmental Law, Zoning, Planning & Land Use

California Foreclosure Law: California Supreme Court Grants Review Of The Keshtgar Decision

As reported in our blog article below, in June the Second District Court of Appeal held that California’s non-judicial foreclosure statutes do not grant a defaulting borrower the right to enjoin a foreclosure sale by alleging…more
| Civil Procedure, Constitutional Law, Finance & Banking, Real Estate - Residential

SANDAG Seeks Review of CEQA Decision Invalidating EIR for Its Regional Transportation Plan/Sustainable Communities Strategy

On January 6, 2015, the San Diego Association of Governments (SANDAG) filed a petition asking the California Supreme Court to review the decision in Cleveland National Forest Foundation, et al. v. San Diego Association at…more
| Environmental Law, Zoning, Planning & Land Use, Transportation

First District Publishes Decision Rejecting CEQA Challenges To Cal Fire’s Approval of Gualala Area Nonindustrial Timber Management Plan And Related Attempt To Challenge Department of Fish And Wildlife’s Discretionary Decision Not To Oppose Plan

In a decision filed December 2, and later ordered published on December 30, 2014, the First District Court of Appeal affirmed the Mendocino County Superior Court’s judgment denying a petition for writ of mandate challenging a…more
| Administrative Law, Civil Procedure, Civil Remedies, Environmental Law, Zoning, Planning & Land Use

Second District Holds Short CEQA Statute Of Limitations Not Triggered By NOD That Fails To Provide Public Notice Of Material Changes In Project As Actually Constructed From That Described In EIR

On December 15, 2014, the Second District Court of Appeal (Division 6) issued a pithy published opinion affirming the Ventura County Superior Court’s judgment. The judgment granted a peremptory writ of mandate requiring Ventura…more
| Civil Procedure, Construction Law, Environmental Law, Real Estate - Commercial

“Making CEQA A Federal Case? Recent Actions of California’s Supreme Court and the Federal Surface Transportation Board Set Up A Preemption Showdown”

Controversy has dogged the California high speed rail project since before its inception with the 2008 passage of Proposition 1A, the bond measure providing the project’s initial funding. The controversy has not abated in the…more
| Civil Procedure, Conflict of Laws, Environmental Law, Zoning, Planning & Land Use, Transportation

Legal Update: Commercial Real Estate Brokers Now Subject to the Same Dual Agency and Disclosure Laws as Residential Brokers

As of January 1, 2015, commercial real estate brokers and salespersons will be required to comply with a stringent set of agency disclosure requirements formerly applicable only to residential brokers, expressly setting forth…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Real Estate - Commercial

Fifth District Rejects CEQA Challenge to Fresno County Aggregate Mine Project EIR In Partially Published Decision, Clarifies State Mining Board’s Smara Powers and CEQA’s Farmland Loss Mitigation Rules

In a lengthy, 65-page opinion filed December 8, 2014 (of which fully two-thirds was unpublished), the Fifth District Court of Appeal affirmed the Fresno County Superior Court’s judgment upholding the EIR, Conditional Use Permit…more
| Administrative Law, Agriculture, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

American Tower Corporation v. City of San Diego (2014): Further Guidance From The Ninth Circuit On The Regulation Of Data Towers In California

The Ninth Circuit recently addressed cell phone tower issues in the matter of American Tower Corporation v. City of San Diego (2014) 763 F.3d 1035, affirming that a local government has a wide degree of discretion to regulate…more
| Civil Procedure, Communications & Media Law, Environmental Law, Zoning, Planning & Land Use

Fourth District Publishes Another CEQA Decision Setting Aside San Diego Lead Agency’s EIR For Failure To Analyze And Mitigate GHG Emissions Per 2005 Executive Order; SANDAG Announces It Will Seek Review Of Related Adverse Decision

Having seen years of their lofty regional planning efforts come crashing back to Earth, San Diego government entities have had little to be thankful about so far this holiday season on the CEQA front. In an October 29 decision…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use
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Areas of Practice
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Other U.S. Locations
  • California
Number of Attorneys

50-100 Attorneys

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