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Public Agencies CA Supreme Court

Holland & Knight LLP

California Supreme Court Declines to Find Permit Regime "Categorically" Discretionary Under CEQA

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In a closely watched case, Protecting Our Water & Environmental Resources v. County of Stanislaus (POWER), Case No. S251708 (Aug. 27, 2020), the California Supreme Court has issued its first significant decision about the...more

Best Best & Krieger LLP

California Supreme Court Clarifies CEQA’s Most Fundamental Question: What is a “Project?”

Union of Medical Marijuana Patients, Inc. v. City of San Diego - In a long-awaited decision, the California Supreme Court held this week that whether an activity is a “project” subject to environmental review under the...more

Nossaman LLP

California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine

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On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more

Best Best & Krieger LLP

Failure to Participate in Prop. 218 Hearing Does Not Bar Fee Challenge - Calif. Supreme Court Holds Such Hearings Do Not...

A ratepayer may challenge the method of allocating property-related fees without first participating in the public hearing for, and filing a written protest against, the adoption of such new or increased fees, the California...more

Latham & Watkins LLP

CEQA Case Report: Understanding the Judicial Landscape for Development

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2018 Year in Review: Public agencies prevailed in 65% of CEQA cases analyzed. Over the course of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and...more

Latham & Watkins LLP

California Supreme Court Clarifies Standard of Review for EIRs and Requirements for Air Quality Impact Analyses

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CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an...more

Best Best & Krieger LLP

Lead Agencies Need Not (Necessarily) Consider Governor’s Executive Orders When Analyzing Emissions - California Supreme Court...

In a highly anticipated decision, Cleveland National Forest Foundation v. San Diego Association of Governments, the California Supreme Court held recently that an environmental impact report for a regional transportation plan...more

Best Best & Krieger LLP

Independent Contractors & Consultants Can be Subject to Conflict of Interest Laws - California Supreme Court Sets New Precedent...

In a watershed decision, the California Supreme Court held that independent contractors and consultants can be considered “employees” and subject to the conflict of interest provisions of Government Code 1090. This includes...more

Nossaman LLP

Public Comment Requested on Revisions to Precondemnation Right of Entry Statutes

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When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

Nossaman LLP

Property Reserve Aftermath: Discovery Available in Right of Entry Cases & Young’s Market Co.

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When the California Supreme Court issued its ruling on Property Reserve v. Superior Court, handing a substantial victory to public agencies, we were given three key takeaways: (1) the “Right of Entry” statutes (CCP §1245.010...more

Best Best & Krieger LLP

Legal Invoices to Public Agencies in California May Be Exempt from Disclosure

In a case that pitted government transparency against a public agency’s interest in confidential communications with its attorney, the California Supreme Court came down on the side of protecting attorney-client privileged...more

Snell & Wilmer

California Supreme Court Upholds Precondemnation Procedures

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On July 21, 2016, the California Supreme Court in Property Reserve v. Superior Court upheld the state’s precondemnation entry and testing statutes provided they were reformed to allow impacted property owners the ability to...more

Nossaman LLP

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

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For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more

Nossaman LLP

California Supreme Court Holds that Inadvertent Disclosure In Response to a Public Records Act Request Does Not Waive The...

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In a unanimous opinion addressing a legal issue of statewide importance, the California Supreme Court resolved a split of authority and held that a governmental entity’s inadvertent release of privileged documents under the...more

Best Best & Krieger LLP

Design Immunity for Public Agencies Clarified by California Supreme Court

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Decision touches on a crucial issue in public agency tort defense - A crucial issue in public agency tort defense was recently clarified by the California Supreme Court in Hampton v. County of San Diego. While a public...more

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