Miller Starr Regalia

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
See more
Other U.S. Locations
  • California
Number of Attorneys
25-50 Attorneys

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

Second District Holds Melrose Triangle Project EIR’s Alternatives Analysis and Responses to Comments Comply with CEQA, Upholds City of West Hollywood’s Findings Rejecting Historic Building Preservation Alternative as Infeasible

In an opinion filed on November 30, and belatedly ordered published on December 22, 2017, the Second District Court of Appeal, Division 1, affirmed the trial court’s judgment denying all CEQA challenges asserted by…more
 /  Environmental Law, Zoning, Planning & Land Use

The Past Year In CEQA Case Law: A Quick Look Back at 2017

As we move into a brand new year of tracking CEQA developments, it seems like an appropriate time to survey and briefly recap some of the many significant published case law developments that occurred over the past year. The…more
 /  Civil Procedure, Environmental Law, Zoning, Planning & Land Use

Ambitious “Housing-First Policy” for “Transit-Rich Housing” Would Require Greater Density and Height for Housing Near Transit, Potentially Adding Millions of New Homes

First term California State Senator Scott Wiener has quickly become a state leader on housing policy. Last year the San Francisco-based senator sponsored Senate Bill 35, which creates a streamlined approval process, in cities…more
 /  Elections & Politics, Real Estate - Residential

Ninth Circuit: Ventura County Outdoor Wedding Regulations Violate First Amendment

On December 7, 2017, a three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that the County of Ventura’s land use regulations, which require a conditional use permit for “temporary outdoor” events, violate…more
 /  Constitutional Law, Zoning, Planning & Land Use

Fourth District Upholds Use of CEQA Writ Action Discovery Directed To Standing Issue, Affirms Trial Court’s Terminating Sanction For Plaintiff’s Failure To Comply

A fundamental prerequisite to a viable lawsuit is a plaintiff possessing standing to bring it, and in writ of mandate proceedings that generally means a person or entity actually possessing a beneficial interest in the legal…more
 /  Civil Procedure, Constitutional Law
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