Miller Starr Regalia

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

Contact: Nadine Nassif

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In a lengthy, 65-page opinion filed December 8, 2014 (of which fully two-thirds was unpublished), the Fifth District Court of Appeal affirmed the Fresno County Superior Court’s judgment upholding the EIR, Conditional Use Permit…more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

Analysis Of GHGs Under CEQA Just Got More Complex: Fourth District’s Split Decision Invalidates Program EIR For SANDAG’s 2050 Regional Transportation Plan/Sustainable Communities Strategy

In a 2-1 published opinion filed November 24, 2014, the Fourth District Court of Appeal, Division 1, affirmed and modified the trial court’s judgment granting writ petitions by plaintiff groups challenging the EIR for the San…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Transportation

What CEQA Gives, The Legislature Can Take Away: Third District Holds Special Legislation For Sacramento Kings Downtown Arena Project Is Constitutional, Upholds Trial Court’s Denial Of Preliminary Injunction

The Third District Court of Appeal, in a published opinion filed November 20, 2014, affirmed the trial court’s order denying plaintiffs’ application for a preliminary injunction seeking to halt construction of a massive new…more
| Civil Remedies, Constitutional Law, Construction Law, Environmental Law, Zoning, Planning & Land Use

The Limits of CEQA Mitigation – Recent Judicial Applications of Nollan and Dolan

Perhaps foremost among the judicially recognized fundamental constraints on lead agencies’ power to impose various types of mitigation measures on project approvals in the CEQA process is the “doctrine of unconstitutional…more
| Civil Procedure, Civil Remedies, Constitutional Law, Zoning, Planning & Land Use, Real Estate - Residential

Supreme Court Finally Schedules Oral Argument In CEQA Categorical Exemption Case

At long last, the California Supreme Court has scheduled oral argument in the case of Berkeley Hillside Preservation, et al. v. City of Berkeley, Supreme Court Case No. S201116. By its long-awaited order issued October 31, 2014,…more
| Administrative Law, Civil Procedure, Environmental Law, Zoning, Planning & Land Use, Real Estate - Residential

All Shook Up: California's Fragmented Earthquake Safety, Seismic Safety Upgrade and Seismic Hazard Disclosure Laws

The recent Napa earthquake caused significant damage to buildings in the historic downtown areas of the cities of Napa and Vallejo, and brought to the fore the limited extent to which California law requires seismic safety…more
| Construction Law, Zoning, Planning & Land Use, Real Estate - Residential, Real Estate - Commercial

Fourth District Addresses CEQA Issues Concerning Standing, Mitigation, Baseline, Piecemealing, And Responses To Comments In Affirming Judgment Upholding Perris Dam Remediation Program EIR

In a published decision filed October 31, 2014 (Paulek v. California Department of Water Resources (4th Dist., Div. 2, 2014) ___ Cal.App.4th ____, Case No. E060038), the Fourth District Court of Appeal affirmed the Riverside…more
| Civil Procedure, Constitutional Law, Construction Law, Environmental Law, Zoning, Planning & Land Use

Supreme Court Adds Another CEQA Case To Its Docket, Will Review Fifth District’s Sierra Club v. County of Fresno (“Friant Ranch”) Decision

On October 1, 2014, the California Supreme Court granted the Real Party in Interest developer’s petition for review in Sierra Club v. County of Fresno (5th Dist. 2014) 226 Cal.App.4th 704, now unciteable and pending review as…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use

Property Owners' Alert: Newly Effective Statutory Requirements for Installation of Water-Conserving Plumbing Fixtures

The real estate industry and the media recently have been focused on the updates to the Title 24 energy regulations (24 California Code of Regulations, Part 5) that became effective on July 1, 2014, and the increased costs in…more
| Construction Law, Energy & Utilities, Zoning, Planning & Land Use, Real Estate - Residential, Real Estate - Commercial

Fall 2014 CEQA Roundup: Legislative and Regulatory Developments

A number of recent legislative and regulatory developments in or related to CEQA will impact public agencies, developers, and practitioners in the coming year. Some significant recent developments include: SB 743…more
| Environmental Law, Zoning, Planning & Land Use, Indigenous Peoples, Transportation

First District Holds CEQA’s Application To Public Agency’s Approval of Railroad Operations Is Preempted By Federal Law Despite Agency’s Agreement To Conduct CEQA Review And Preparation of EIR

The North Coast Railroad Authority (NCRA), a public agency established by state law, contracted with Northwestern Pacific Railroad Company (NWPRC) to allow NWPRC to conduct freight services on tracks controlled by NCRA…more
| Administrative Law, Constitutional Law, Energy & Utilities, Environmental Law, Transportation

Attorney Labor For Preparing CEQA Administrative Record Is Recoverable Cost Where Specialized Knowledge Required, Holds Fourth District in Partially Published Opinion

In a partially-published opinion filed September 29, 2014, the Fourth District Court of Appeal affirmed an order and judgment permitting the County of San Diego to recover actual labor costs incurred for an attorney and…more
| Administrative Law, Civil Procedure, Civil Remedies, Environmental Law, Zoning, Planning & Land Use

Governor Brown Is Not CEQA “Public Agency,” Holds Third District In Indian Casino Case

In a published decision filed September 24, 2014, the Third District Court of Appeal (per Justice Robie) held that CEQA’s definition of a “public agency” that is subject to its requirements (see Pub. Resources Code, § 21063)…more
| Art, Entertainment, & Sports Law, Constitutional Law, Elections & Politics, Environmental Law, Indigenous Peoples
Showing 1-15 of 231 Results
|
View per page
Page: of 16
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
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys

50-100 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.