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

First District Rejects Numerous CEQA Challenges To RFEIR For Propane Recovery Project At Phillips 66 Company’s Rodeo Oil Refinery, Affirms Judgment Issuing Limited Writ

In an opinion filed March 20, and later certified for publication on April 12, 2018, the First District Court of Appeal (Division 3) affirmed a limited peremptory writ of mandate issued by the Contra Costa County Superior Court…more
 /  Energy & Utilities, Environmental Law

Redrawing CEQA’s “Parking” Lines? Second District Holds Parking Impacts of Covina Mixed-Use, Transit-Oriented Infill Project Are Statutorily Exempt From CEQA Review, Rejects Related Map Act Challenge

SB 743 was enacted in 2013 to further California’s efforts to reduce GHG emissions by encouraging transit-oriented, infill development – a strategy announced in SB 375, the “Sustainable Communities and Climate Protection Act of…more
 /  Environmental Law, Zoning, Planning & Land Use

Court Holds that for Purposes of Calculating Level 1 School Impact Fees, “All Interior Space is Assessable”

On March 29, 2018, in 1901 First Street Owner, LLC v. Tustin Unified School District, __ Cal.App.5th __ (2018) (Case No. G054086), the Fourth District Court of Appeal addressed an important case of first impression regarding the…more
 /  Real Estate - Residential, Zoning, Planning & Land Use

Fourth District Upholds San Diego’s CEQA Class 3 Categorical Exemption Determination For Verizon’s Faux Tree Wireless Telecommunications Facility In Dedicated Public Park, Rejects City Charter Inconsistency Arguments

In a published opinion filed March 15, 2018, the Fourth District Court of Appeal (Division One) affirmed the trial court’s judgment denying a writ petition and complaint challenging the City of San Diego’s approvals of a…more
 /  Environmental Law, Zoning, Planning & Land Use

Another Day, Another Challenge to Local Zoning of Medical Marijuana Dispensaries Goes Down in Smoke

In the year of the 25th anniversary of Groundhog Day, starring Bill Murray, about a weatherman named Phil Connors who finds himself repeatedly living the same frustrating day, a California court rejected yet another lawsuit by a…more
 /  Commercial Law & Contracts, Zoning, Planning & Land Use

Fifth District Holds CARB Violated CEQA And APA In Approving Modifications To Truck And Bus Regulation

In a published opinion filed January 31, 2018, the Fifth District Court of Appeal affirmed the trial Court’s judgment issuing a writ of mandate voiding the California State Air Resources Board’s (“CARB”) 2014 amendments to its…more
 /  Environmental Law

U.S. Supreme Court Agrees to Hear Case Requesting Reconsideration of Williamson County’s Unfair and Unworkable State Court Exhaustion Requirement

On March 5, 2018, the U.S. Supreme Court granted certiorari in Knick v. Township of Scott (Case No. 17-647) to address the requirement, established in Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S…more
 /  Civil Procedure, Constitutional Law, Zoning, Planning & Land Use

Can You Clear Me Now? Sixth District Upholds Santa Cruz County’s CEQA Categorical Exemption For Project To Install Microcell Transmitters On Utility Poles In Rural Aptos Area

In an opinion filed February 5 and later ordered published on February 27, 2018, the Sixth District Court of Appeal affirmed a judgment denying Aptos Residents Association’s (“ARA”) writ petition challenging Santa Cruz County’s…more
 /  Civil Procedure, Environmental Law, Zoning, Planning & Land Use

In Protracted Dispute Over Modest Residential Development, Court Orders Lafayette to Place Referendum Petition on Ballot

On February 21, 2018, in Save Lafayette v. City of Lafayette, __ Cal.5th __ (2018) (Case No. A149342), the First District Court of Appeal overturned the City of Lafayette’s decision to not place a referendum petition on the…more
 /  Real Estate - Residential, Zoning, Planning & Land Use

Court Rejects Challenge to Ventura County’s Denial of Conditional Use Permit

The law is replete with references to famous passages from literature and poetry, perhaps to follow Mark Twain’s pithy observation that “plain clarity is better than ornate obscurity.”…more
 /  Zoning, Planning & Land Use

CEQA Does Not Require City’s General Plan Update EIR to Address Urban Decay Based on Broker’s Speculative Opinion Concerning Effects of Commercial Tenant Square Footage Cap

In an opinion filed on January 4, and later certified for partial publication on January 30, 2018, the Fifth District Court of Appeal affirmed a trial court judgment rejecting appellant’s claim that the EIR for the City of…more
 /  Environmental Law, Zoning, Planning & Land Use

CEQA Guidelines Update: California Natural Resources Agency Issues Notice of Proposed Rulemaking

On January 26, 2018, the Natural Resources Agency issued a Notice of Proposed Rulemaking to the public regarding its proposed updates to the CEQA Guidelines; the Notice and related rulemaking materials are available for review…more
 /  Environmental Law

City of Oakland’s Building Code Appeal Process Violates State Law and Infringes Private Property Rights the State of California Has an Interest in Protecting

The law has many terms for the word “fairness,” including due process, good faith, neutral and unbiased. And among the basic principles of fairness, the Latin maxim “nemo debet esse judex in propria causa” stands out. It…more
 /  Civil Procedure, Real Estate - Residential, Zoning, Planning & Land Use

First District Holds CEQA Exhaustion Requirements Don’t Apply to Attorney General, Upholds Adequacy of Most of EIR’s Analysis for BNSF Railyard Project Near Port of Los Angeles

In a lengthy, partially published opinion filed January 12, 2018, the First District Court of Appeal (Division 3) partly affirmed, but in large part reversed, the trial court’s judgment granting a writ of mandate directing the…more
 /  Environmental Law, Transportation

Fourth District Rejects CEQA Challenge To MND For Small Rural High School Project Based On Challenger’s Failure To Exhaust Available Administrative Appeal And On Merits

In a lengthy opinion filed December 20, 2017, and belatedly ordered published on January 8, 2018, the Fourth District Court of Appeal, Division 1, affirmed the trial court’s judgment denying a writ petition asserting CEQA and…more
 /  Administrative Law, Environmental Law, Zoning, Planning & Land Use
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