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2007 Annual Construction Law Update

August 23, 2007 7:25 PM 2007 Annual Construction Law Update

About Our Lawyers

July 29, 2004 9:05 PM Real Estate and Construction Attorneys
July 28, 2004 8:45 PM Real Estate and Construction Law
July 15, 2004 8:11 PM Domenic C. Drago - Partner - Del Mar Heights
July 1, 2004 8:36 PM Donna Jones - Partner - San Diego
June 20, 2004 2:23 AM Robert T. Sturgeon - Senior Attorney - Los Angeles
June 15, 2004 8:44 PM Michael B. Wilmar - Partner - San Francisco
June 1, 2004 8:20 PM John A. Yacovelle - Partner - Del Mar Heights

Affirmative Action

March 1, 2005 1:26 AM Affirmative Action

Alernative Dispute Resolution

November 10, 2005 8:18 PM Court Of Appeal Vacates $3 Million Arbitration Award Because Arbitrator Failed To Make Timely Disclosures
March 1, 2005 10:04 PM Mediation
March 1, 2005 9:53 PM Arbitration
March 1, 2005 5:16 PM Judicial Reference

Attorney List

July 20, 2004 9:35 PM Los Angeles
July 19, 2004 1:49 AM San Francisco
July 18, 2004 1:52 AM Orange County
July 17, 2004 2:00 AM Del Mar Heights
July 16, 2004 1:56 AM San Diego

Bids/Bid Protests

March 1, 2005 1:35 AM Bids/Bid Protests

Construction

February 14, 2008 3:50 PM Court Clarifies Prompt Payment Risks to Contractor
November 15, 2007 6:30 PM The AIA Releases 2007 Editions of Its Construction Contract Forms Amid Competition from Upstart "ConsensusDOCS" Forms.
January 25, 2007 1:29 AM A Public Entity's Determination That A Subcontractor Could Be Substituted Under Public Contracts Code Section 4107 Is Denied Preclusive Effect In Subsequent Litigation
January 24, 2007 7:39 PM California Department of Industrial Relations Expands Prevailing Wage Coverage
June 14, 2006 6:22 PM Labor Through Contract Theory of Sanctions Liability
April 26, 2006 5:28 PM New Legislation Affects Allocation of Risk in Residential Construction Contracts
April 4, 2006 5:51 PM Appellate Court Finds That the Filing of a Stop Notice Is Potentially Subject to the Litigation Privilege if Made in Good Faith Contemplation of Litigation
August 9, 2005 11:35 PM California Supreme Court Voids Jury Trial Waivers

Construction Claims

Construction Claims

Construction Defects and Claims

November 2, 2007 12:12 AM Court Of Appeal Finds That A Tolling Agreement Between An HOA And Developer Tolls The Applicable Statute Of Limitations Even As To A Non-Party Subcontractor.
January 25, 2006 11:03 PM California Court of Appeal Affirms That Certain Types of Public Contributions Do Not Make Development a "Public Work" Under Former Version of Statute
December 29, 2005 8:52 PM Court Of Appeal Holds General Contractor Is Not Entitled To Indemnity From Subcontractors Under General Indemnity Clause Because General Contractor Was Actively Negligent
March 1, 2005 8:22 PM Construction Defects and Claims

Construction Litigation and Procedure

November 2, 2007 12:12 AM Court Of Appeal Finds That A Tolling Agreement Between An HOA And Developer Tolls The Applicable Statute Of Limitations Even As To A Non-Party Subcontractor.
March 1, 2005 5:22 PM Civil Procedure

Contact Us

July 12, 2005 9:20 PM Contact Us

Design Professionals and Claims

January 17, 2006 9:33 PM 9th Circuit Preliminarily Enjoins Homebuilder From Using Copyrighted Drawings In Second Phase of A Development

Eminent Domain

October 1, 2004 11:04 PM Have Redevelopment Agencies Gone Too Far Using the Power of Eminent Domain?

Environmental

April 28, 2008 6:32 PM City of Los Angeles Adopts Green Building Ordinance on Earth Day
April 16, 2008 5:52 PM Corps And EPA Issue Important New Mitigation Rule
January 11, 2008 7:42 PM Clash of the Titans
December 7, 2007 6:04 PM California Sues U.S. Environmental Protection Agency, Seeks Permission To Enforce Own Standards Regulating Greenhouse Gas Emissions
November 20, 2007 5:20 PM THANK YOU FOR READING THE REAL ESTATE AND CONSTRUCTION LAW BLOG
November 1, 2007 11:46 PM California Air Resources Board Issues Proposed Regulations to Require Facilities to Report Greenhouse Gas Emissions Under the Global Warming Solutions Act
September 8, 2007 1:25 AM California Air Resources Board Proposes Additional Early Action Measures Pursuant to the Global Warming Solutions Act (AB 32)
August 21, 2007 12:21 AM Summary of Proposed Draft Regulation to Reduce Emissions of Diesel Particulate Matter, and Other Pollutants From In-Use On-Road Heavy-Duty Diesel-Fueled Engines
July 31, 2007 7:29 PM Update to June 15, 2007 Blog: The California Air Resources Board Passes New Regulations Limiting Off-Road Diesel Engine Emissions (13 CCR SEC. 2449)
June 18, 2007 9:02 PM Private Parties Under CERCLA May Sue Potentially Responsible Parties for Cost Recovery Even if They Are Barred From Suing For Contribution
June 15, 2007 12:55 AM CARB Proposes New Diesel Emission Regulations (13 CCR SEC. 2449)
December 15, 2005 4:29 PM CREED Case Leaves Questions Regarding Program EIRs
September 22, 2005 5:26 PM Court of Appeal Rules on Attorneys' Fees in CEQA Cases
July 16, 2004 9:01 PM Case Summary - Maintain Our Desert Environment v. Town of Apple Valley

False Claims

July 27, 2005 11:20 PM Federal Circuit Court Rejects Claim That Contractor Violated The False Claims Act By Allegedly Submitting A Fraudulently Low Bid With The Intent Of Later Making Up For The Loss By Submitting Change Orders For Extra Work
March 1, 2005 1:51 AM False Claims

Indemnity

February 9, 2006 11:23 PM New Legislation Affecting Allocation Of Risk In Residential Construction Contracts

Insurance

March 1, 2005 12:38 AM Insurance

Inverse Condemnation

November 16, 2005 8:29 PM Ripeness Doctrine And Futility Exception Both Require Submission And Denial of a "Meaningful Application"

Labor and Employment Issues

August 11, 2006 10:17 PM Colorado Enacts Employment Verification Requirements

Land Use and Entitlements

February 29, 2008 5:24 PM The Vineyard EIR Water Services Principles Applied
February 14, 2008 11:55 PM Absent Prohibition in Local Coastal Program, Coastal Commission May Designate Environmentally Sensitive Habitat Area During Consideration of a Development Permit
February 14, 2008 11:52 PM Court Strikes Down Coastal Commission Attempt to Designate Land as Environmentally Sensitive Habitat Area Without LCP Authority
January 24, 2008 5:12 PM Third District Court of Appeals Deals Blow to "Streamlined Zoning"
September 25, 2007 11:32 PM CEQA Is Not Preempted by the Ellis Act
August 23, 2007 6:47 PM Global Warming Update: Legislature Amends CEQA Regarding Greenhouse Gas Emissions; Attorney General Settles Global Warming Suit
August 15, 2007 7:04 PM Test for Preparation of Supplemental or Subsequent EIR is Significance of Impacts from Project Modifications, Not the Modifications
June 26, 2007 12:27 AM California Supreme Court Upholds Use of "Common Sense" Exemption, Says That CEQA May Require Consideration of the Effects of "Displaced Development"
June 11, 2007 6:13 PM Coastal Commission Can't Deny Permit Because of "Potential" Presciptive Public Access Rights
May 23, 2007 8:19 PM Global Climate Change Legislation Does Not Require Supplemental Environmental Review Under CEQA
April 25, 2007 6:16 PM California Coastal Commission Not Estopped from Enforcing Easily Visible, 18 Year Old Permit Violation
February 20, 2007 7:40 PM Transfer Of Park & Recreation District Land To Third Party Was Not A Project Requiring Prior CEQA Review Where The Lack Of Any Development Plan Made Environmental Review Premature
February 14, 2007 8:12 PM Court Sets Aside Approval Of Demolition Permit On Basis That Findings Of Infeasibility Concerning EIR Project Alternatives Not Supported By Substantial Evidence
February 12, 2007 11:27 PM No Cause Of Action Under CEQA To Challenge County CEQA Determination Where Determination Superseded By Coastal Commission De Novo Review On Appeal
February 3, 2007 12:34 AM District Approval Of Agreement For Purchase And Sale Of Water Expressly Conditioned On Future CEQA Compliance Does Not Require Prior CEQA Review
January 29, 2007 7:26 PM New State Fees For Water Rights Permits and Licenses Unconstitutional Due To Failure To Demonstrate Reasonable "Proportionality" To Fee Payors
January 18, 2007 7:38 PM Appeals Court determines that a contract for the sale of two undivided parcels was void in violation of the Subdivision Map Act.
January 2, 2007 7:54 PM CEQA Violated Where City Determined No Additional Environmental Review Required For Wal-Mart Supercenter
December 27, 2006 10:15 PM Newly Incorporated City May Disapprove Final Subdivision Map Even Though County Had Approved Vesting Tentative Map
December 20, 2006 4:57 PM A Vested Rights Determination Under SMARA Regarding Surface Mining Operations In The Diminishing Asset Context Is Subject To Procedural Due Process Requirements Of Reasonable Notice And Opportunity To Be Heard
December 14, 2006 4:52 PM Court Overturns Award Of Record Preparation Costs As Excessive And Lacking Adequate Documentation
November 17, 2006 8:46 PM Disclosure By Local Legislators Of Their Views In One-On-One Conversations With Other Legislators May Inadvertently Create Improper "Collective Concurrence"
November 16, 2006 1:27 AM Lead Agency Can Decide New Information Does Not Require Recirculation Of A Final EIR Without First Adding The Information To The Final EIR
November 15, 2006 5:46 PM Filing Of Appeal To City Council Not Necessarily Required For Exhaustion Of Administrative Remedies
October 26, 2006 7:01 PM Border Business Park, Inc. v. City of San Diego
September 22, 2006 7:30 PM Voting Rights Act Does Not Require Translation Of Recall Petition Into Minority Languages
June 5, 2006 4:29 PM Exclusive Possession Insufficient To Oust TIC Co-Tenant
May 3, 2006 11:22 PM Cities Can Limit Big Box Retail But They Have To Be Fair To The Little Guy
April 5, 2006 8:37 PM Court Of Appeal Confirms Applicability of Brown Act to Settlements Entered Into by Local Governments in Closed Session
October 27, 2005 6:39 PM Guidelines For Land Uses Near Military Installations To Be Issued Nov. 30
October 13, 2005 4:49 PM Court of Appeal Emphasizes Importance of Development Agreements
October 10, 2005 6:33 PM Legislature Enacts New Public Resources Code Section 6307; Expands Land Commission's Exchange Authority
August 29, 2005 12:36 AM California Supreme Court To Rule On State Lands Commission's Exchange Authority
August 9, 2005 11:35 PM California Supreme Court Voids Jury Trial Waivers
May 17, 2005 12:29 AM New Transportation Fee Threatens to Cripple County's Commercial, Industrial Development
March 17, 2005 11:25 PM Conversion and Collocation: Viable Tools for Increasing Housing Supply
March 1, 2005 12:33 AM Permits and Zoning
January 12, 2005 7:15 PM The Challenges of Infill Housing
July 19, 2004 6:43 PM CEQA Resources
July 15, 2004 8:41 PM Case Summary - Defend the Bay v. City of Irvine

Legal Info

April 25, 2005 11:43 PM Disclaimer
April 25, 2005 11:43 PM Privacy Policy

Licensing

September 9, 2005 11:29 PM California Supreme Court Clarifies That A Contractor Cannot Recover Any Compensation For Work Performed That Requires A Contractor's License Unless The Contractor Was Licensed At All Times During The Performance Of The Work
March 1, 2005 1:09 AM Licensing

Links

January 10, 2008 11:38 PM Advertising & Promotions Law
January 9, 2008 12:32 AM Antitrust Law
January 8, 2008 12:14 AM Bankruptcy and Restructuring Law
January 7, 2008 12:33 AM Corporate & Securities Law
January 6, 2008 6:37 PM ESOP Law
January 4, 2008 11:41 PM Fashion & Apparel Law
January 3, 2008 3:58 PM FCC Law
January 2, 2008 12:31 AM Financial Institution Law
September 21, 2007 9:26 PM Government Contracts Law
April 13, 2006 6:14 PM Intellectual Property Law
July 27, 2004 12:36 AM Labor & Employment Law

Mechanic's Liens and Stop Notices

April 4, 2006 5:51 PM Appellate Court Finds That the Filing of a Stop Notice Is Potentially Subject to the Litigation Privilege if Made in Good Faith Contemplation of Litigation

Mechanics' Liens/ Stop Notices

February 4, 2008 11:13 PM Get Paid With A Powerful Alternative to California's Mechanic's Lien
March 15, 2006 8:13 PM California Court Of Appeal Holds That A Contractor "Completes His Contract" Under Civil Code Section 3115
March 1, 2005 1:16 AM Mechanics' Liens/ Stop Notices

Natural Resources and Endangered Species

January 31, 2008 7:59 PM Corps Eliminates Elevations for Jurisdictional Delineations Affected by Rapanos Decision in Revised Coordination Procedures
August 29, 2007 1:32 AM Man-Made Pond That Is Within a Larger Wetland Area Adjacent to Traditionally Navigable Water Is Within Corps Jurisdiction Under Clean Water Act
August 10, 2007 6:43 PM Construction Activities During Dry Season in Creek Experiencing Seasonal Flow Only Two Months of the Year Violates Clean Water Act
June 6, 2007 2:27 AM Army Corps of Engineers, US EPA Publish Long-Awaited Guidance on Determining Clean Water Act Regulatory Jurisdiction Subject to the Supreme Court's Rapanos and Carabell Decisions
April 10, 2007 8:54 PM Ninth Circuit Holds Recovery Standard Applies To Jeopardy Analysis
March 26, 2007 10:55 PM Bureau of Reclamation Decision to Withhold Water, As Required By Federal Law, Did Not Breach 1983 State Water Contracts Nor Did It Constitute A Taking of A Vested Property Right.
March 21, 2007 9:34 PM Clean Water Act Update: Adjacent Wetlands Rule for Establishing Clean Water Act Regulatory Authority Does Not Apply to a Non-Wetland Diked Pond
March 14, 2007 10:22 PM Army Corps Issues New and Modified Nationwide Permits
March 13, 2007 7:34 PM Clean Water Act Update: District Courts on the East, West Coasts Explain and Apply the Rapanos Decision to Adjacent Wetlands and Intermittent and Ephemeral Streams
February 1, 2007 8:00 PM U.S. District Court Throws Out "Tulloch II" Rule Defining Incidental Fallback
December 29, 2006 7:49 PM Corps Announces Implementation of Arid West Interim Supplement to the 1987 Wetlands Delineation Manual
December 21, 2006 8:54 PM Court Orders the CTS be Considered for Listing under the California Endangered Species Act
September 26, 2006 10:38 PM Corps Proposes New, Reissued, and Modified Nationwide Permits
September 22, 2006 1:17 AM Nationwide Permits Scheduled To Expire On March 19, 2007
September 15, 2006 2:38 AM Major Victory for Habitat Conservation Planning: California Appeals Court Denies CEQA and CESA Challenge to Natomas Basin Habitat Conservation Plan
June 22, 2006 10:09 PM Supreme Court Curtails Army Corps Of Engineers' Jurisdiction
April 3, 2006 6:18 PM Court Concludes Fish And Wildlife Service Improperly Ignored Recovery Goal Of Critical Habitat Designation
September 30, 2005 6:39 PM House Passes POMBO ESA Bill
September 27, 2005 4:59 PM Activity on Reform of The Endangered Species Act
August 9, 2005 11:35 PM California Supreme Court Voids Jury Trial Waivers
October 1, 2004 7:05 PM Ninth Circuit Raises the Level of Protection Afforded to Critical Habitat
September 1, 2004 7:16 PM Statewide Listing of California Tiger Salamander As A Federal Endangered Species Took Effect on September 3, 2004, Critical Habitat Proposed
July 1, 2004 12:51 AM Major New ESA Decision Limits Mitigation the Services May Require

New Rules and Legislation

April 28, 2008 6:32 PM City of Los Angeles Adopts Green Building Ordinance on Earth Day
January 31, 2008 7:59 PM Corps Eliminates Elevations for Jurisdictional Delineations Affected by Rapanos Decision in Revised Coordination Procedures
August 21, 2007 12:21 AM Summary of Proposed Draft Regulation to Reduce Emissions of Diesel Particulate Matter, and Other Pollutants From In-Use On-Road Heavy-Duty Diesel-Fueled Engines
November 29, 2005 11:22 PM U.S. EPA Issues Final Rule on "All Appropriate Inquiry" for Avoiding CERCLA Liability

OSHA

August 1, 2005 5:06 PM Criminal Penalties For Violating OSHA Standards

Our Work

July 18, 2004 8:16 PM Our Work

Prop 65

July 18, 2005 11:01 PM California Court of Appeal Upholds Dismissal of Claims Based on Overbroad Prop 65 Notices

Public Works of Improvement

March 1, 2005 1:53 AM Transit Projects
March 1, 2005 1:48 AM Building Standards

Real Property Transactions

September 7, 2007 11:34 PM Court May Not Imply Essential Terms Regarding Time and Payment to Make Option Agreement Enforceable if Parties Continued to Negotiate Those Terms After Execution of Agreement.
March 6, 2007 6:43 PM Physical Recordation Of A LIS Pendens With The Recorder's Office Does Not Provide Constructive Notice Of The Claim Until The LIS Pendens Is Properly Indexed By The Recorder.
February 3, 2007 12:24 AM Exculpatory Clauses In A Purchase Agreement Do Not Bar Claims By Buyers Of Real Property Alleging That The Seller's Brokers Made Intentional Misrepresentations About The Property
January 18, 2007 7:38 PM Appeals Court determines that a contract for the sale of two undivided parcels was void in violation of the Subdivision Map Act.
August 9, 2005 11:35 PM California Supreme Court Voids Jury Trial Waivers
July 26, 2005 7:11 PM Out of Form: Special Considerations in Biotech Leasing
October 4, 2001 11:33 PM A Subtenant's Guide to Subleasing

Recent Cases

February 14, 2008 11:55 PM Absent Prohibition in Local Coastal Program, Coastal Commission May Designate Environmentally Sensitive Habitat Area During Consideration of a Development Permit
February 14, 2008 11:52 PM Court Strikes Down Coastal Commission Attempt to Designate Land as Environmentally Sensitive Habitat Area Without LCP Authority
January 24, 2008 5:12 PM Third District Court of Appeals Deals Blow to "Streamlined Zoning"
January 2, 2008 8:10 PM Ad Hoc Zoning Exceptions Impermissible, Even in Development Agreements: Neighbors in Support of Appropriate Land Use, et al. v. County of Tuolumne, et al., (Dec. 7, 2007, F051690) __ Cal. App. 4th

Recent Cases - Construction Law and Litigation

February 14, 2008 3:50 PM Court Clarifies Prompt Payment Risks to Contractor
November 2, 2007 12:12 AM Court Of Appeal Finds That A Tolling Agreement Between An HOA And Developer Tolls The Applicable Statute Of Limitations Even As To A Non-Party Subcontractor.
September 7, 2007 11:34 PM Court May Not Imply Essential Terms Regarding Time and Payment to Make Option Agreement Enforceable if Parties Continued to Negotiate Those Terms After Execution of Agreement.
August 29, 2007 1:32 AM Man-Made Pond That Is Within a Larger Wetland Area Adjacent to Traditionally Navigable Water Is Within Corps Jurisdiction Under Clean Water Act
August 10, 2007 6:43 PM Construction Activities During Dry Season in Creek Experiencing Seasonal Flow Only Two Months of the Year Violates Clean Water Act
June 18, 2007 9:02 PM Private Parties Under CERCLA May Sue Potentially Responsible Parties for Cost Recovery Even if They Are Barred From Suing For Contribution
June 6, 2007 2:27 AM Army Corps of Engineers, US EPA Publish Long-Awaited Guidance on Determining Clean Water Act Regulatory Jurisdiction Subject to the Supreme Court's Rapanos and Carabell Decisions
April 10, 2007 8:54 PM Ninth Circuit Holds Recovery Standard Applies To Jeopardy Analysis
April 5, 2007 12:13 AM Federal Arbitration Act Preempts Contrary California Law and Prevents Purchaser of Real Property from Bringing an Action in Court for Construction and Design Defects
March 26, 2007 10:55 PM Bureau of Reclamation Decision to Withhold Water, As Required By Federal Law, Did Not Breach 1983 State Water Contracts Nor Did It Constitute A Taking of A Vested Property Right.
March 21, 2007 9:34 PM Clean Water Act Update: Adjacent Wetlands Rule for Establishing Clean Water Act Regulatory Authority Does Not Apply to a Non-Wetland Diked Pond
March 13, 2007 7:34 PM Clean Water Act Update: District Courts on the East, West Coasts Explain and Apply the Rapanos Decision to Adjacent Wetlands and Intermittent and Ephemeral Streams
March 6, 2007 6:43 PM Physical Recordation Of A LIS Pendens With The Recorder's Office Does Not Provide Constructive Notice Of The Claim Until The LIS Pendens Is Properly Indexed By The Recorder.
February 20, 2007 7:40 PM Transfer Of Park & Recreation District Land To Third Party Was Not A Project Requiring Prior CEQA Review Where The Lack Of Any Development Plan Made Environmental Review Premature
February 3, 2007 12:24 AM Exculpatory Clauses In A Purchase Agreement Do Not Bar Claims By Buyers Of Real Property Alleging That The Seller's Brokers Made Intentional Misrepresentations About The Property
February 1, 2007 8:00 PM U.S. District Court Throws Out "Tulloch II" Rule Defining Incidental Fallback
January 25, 2007 1:29 AM A Public Entity's Determination That A Subcontractor Could Be Substituted Under Public Contracts Code Section 4107 Is Denied Preclusive Effect In Subsequent Litigation
January 18, 2007 7:38 PM Appeals Court determines that a contract for the sale of two undivided parcels was void in violation of the Subdivision Map Act.
December 8, 2006 4:58 PM Clean Water Act Regulations Do Not Require Numeric Testing Of Individual Pollutants Or Numeric Effluent Limitations For Industrial Stormwater Discharges
September 22, 2006 1:17 AM Nationwide Permits Scheduled To Expire On March 19, 2007
August 1, 2006 9:10 PM California Supreme Court Permits Use Of Local Initiatives To Reduce Or Repeal Water Delivery Charges, But Such Initiatives May Not Require That Future Rate Increases Be Submitted For Voter Approval
July 12, 2006 5:18 PM A Cautionary Tale On Relying On Advice From Commission Staff
July 5, 2006 4:38 PM North Gualala Water Company v. State Water Resources Control Board, (June 16, 2006, A109438) __ Cal.App.4th __
July 3, 2006 4:40 PM California Supreme Court Limits Pre-Election Challenges to Ballot Initiatives
April 11, 2006 5:23 PM California LLC Fee Unconstitutional; Filing Protective Claim For Refund
April 3, 2006 6:18 PM Court Concludes Fish And Wildlife Service Improperly Ignored Recovery Goal Of Critical Habitat Designation
February 22, 2006 4:38 PM D.C. Circuit Holds Unanimously That "Tulloch Rule" Is Ripe For Judicial Review
February 6, 2006 6:59 PM Building Permit Fees: Considerations Raised by the Recent Cal. Supreme Court Decision in Barratt-American v. City of Rancho Cucamonga
January 24, 2006 11:36 PM Cal Supreme Court Illuminates the Path for Suing Local Entities Over Excessive Building Permit Fees
October 10, 2005 6:33 PM Legislature Enacts New Public Resources Code Section 6307; Expands Land Commission's Exchange Authority
September 22, 2005 5:58 PM Court of Appeal Strikes Down Orange County Development Project
September 22, 2005 5:26 PM Court of Appeal Rules on Attorneys' Fees in CEQA Cases
August 9, 2005 11:35 PM California Supreme Court Voids Jury Trial Waivers
July 18, 2005 5:49 PM Landlord's Profits Following Repossession Do Not Reduce Tenant's Liability For Breach
July 14, 2005 2:09 AM U.S. Supreme Court Holds Condemnation for Economic Development is Constitutional
March 1, 2005 12:33 AM Permits and Zoning

Recent Cases - Environmental

April 16, 2008 5:52 PM Corps And EPA Issue Important New Mitigation Rule
December 7, 2007 6:04 PM California Sues U.S. Environmental Protection Agency, Seeks Permission To Enforce Own Standards Regulating Greenhouse Gas Emissions
September 25, 2007 11:24 PM California Cannot Hold Carmakers Accountable For Their Contribution to Global Warming
September 8, 2007 1:25 AM California Air Resources Board Proposes Additional Early Action Measures Pursuant to the Global Warming Solutions Act (AB 32)
November 14, 2005 6:35 PM Court of Appeal Vacates $14 Million Damages Award for Environmental Trespass "Benefits"
August 19, 2005 5:08 PM California District Court Answers CERCLA Question Left Open By U.S. Supreme Court

Recent Cases - Land Use and Natural Resources

March 26, 2008 11:11 PM Five Year Statute of Limitations Applies to Unrecorded Rules of Homeowners Association
February 29, 2008 5:24 PM The Vineyard EIR Water Services Principles Applied
January 2, 2008 8:10 PM Ad Hoc Zoning Exceptions Impermissible, Even in Development Agreements: Neighbors in Support of Appropriate Land Use, et al. v. County of Tuolumne, et al., (Dec. 7, 2007, F051690) __ Cal. App. 4th
September 25, 2007 11:32 PM CEQA Is Not Preempted by the Ellis Act
August 23, 2007 6:47 PM Global Warming Update: Legislature Amends CEQA Regarding Greenhouse Gas Emissions; Attorney General Settles Global Warming Suit
August 15, 2007 7:04 PM Test for Preparation of Supplemental or Subsequent EIR is Significance of Impacts from Project Modifications, Not the Modifications
June 26, 2007 12:27 AM California Supreme Court Upholds Use of "Common Sense" Exemption, Says That CEQA May Require Consideration of the Effects of "Displaced Development"
June 11, 2007 6:13 PM Coastal Commission Can't Deny Permit Because of "Potential" Presciptive Public Access Rights
May 23, 2007 8:19 PM Global Climate Change Legislation Does Not Require Supplemental Environmental Review Under CEQA
April 25, 2007 6:16 PM California Coastal Commission Not Estopped from Enforcing Easily Visible, 18 Year Old Permit Violation
February 14, 2007 8:12 PM Court Sets Aside Approval Of Demolition Permit On Basis That Findings Of Infeasibility Concerning EIR Project Alternatives Not Supported By Substantial Evidence
February 12, 2007 11:27 PM No Cause Of Action Under CEQA To Challenge County CEQA Determination Where Determination Superseded By Coastal Commission De Novo Review On Appeal
February 3, 2007 12:34 AM District Approval Of Agreement For Purchase And Sale Of Water Expressly Conditioned On Future CEQA Compliance Does Not Require Prior CEQA Review
January 29, 2007 7:26 PM New State Fees For Water Rights Permits and Licenses Unconstitutional Due To Failure To Demonstrate Reasonable "Proportionality" To Fee Payors
January 18, 2007 7:38 PM Appeals Court determines that a contract for the sale of two undivided parcels was void in violation of the Subdivision Map Act.
January 2, 2007 7:54 PM CEQA Violated Where City Determined No Additional Environmental Review Required For Wal-Mart Supercenter
December 27, 2006 10:15 PM Newly Incorporated City May Disapprove Final Subdivision Map Even Though County Had Approved Vesting Tentative Map
December 20, 2006 4:57 PM A Vested Rights Determination Under SMARA Regarding Surface Mining Operations In The Diminishing Asset Context Is Subject To Procedural Due Process Requirements Of Reasonable Notice And Opportunity To Be Heard
December 14, 2006 4:52 PM Court Overturns Award Of Record Preparation Costs As Excessive And Lacking Adequate Documentation
November 17, 2006 8:46 PM Disclosure By Local Legislators Of Their Views In One-On-One Conversations With Other Legislators May Inadvertently Create Improper "Collective Concurrence"
November 16, 2006 1:27 AM Lead Agency Can Decide New Information Does Not Require Recirculation Of A Final EIR Without First Adding The Information To The Final EIR
November 15, 2006 5:46 PM Filing Of Appeal To City Council Not Necessarily Required For Exhaustion Of Administrative Remedies
October 26, 2006 7:01 PM Border Business Park, Inc. v. City of San Diego
September 22, 2006 7:30 PM Voting Rights Act Does Not Require Translation Of Recall Petition Into Minority Languages
June 5, 2006 4:29 PM Exclusive Possession Insufficient To Oust TIC Co-Tenant
May 3, 2006 11:22 PM Cities Can Limit Big Box Retail But They Have To Be Fair To The Little Guy
April 5, 2006 8:37 PM Court Of Appeal Confirms Applicability of Brown Act to Settlements Entered Into by Local Governments in Closed Session
March 15, 2006 5:58 PM Ninth Circuit Holds Recall Petitions Fall Within Bilingual Requirements of Federal Voting Rights Act of 1965
February 22, 2006 4:38 PM D.C. Circuit Holds Unanimously That "Tulloch Rule" Is Ripe For Judicial Review
February 6, 2006 6:59 PM Building Permit Fees: Considerations Raised by the Recent Cal. Supreme Court Decision in Barratt-American v. City of Rancho Cucamonga
January 24, 2006 11:36 PM Cal Supreme Court Illuminates the Path for Suing Local Entities Over Excessive Building Permit Fees
January 5, 2006 8:35 PM Two Recent Cases Shed Light On Section 404 Alternatives Analysis
November 16, 2005 8:29 PM Ripeness Doctrine And Futility Exception Both Require Submission And Denial of a "Meaningful Application"
October 13, 2005 4:49 PM Court of Appeal Emphasizes Importance of Development Agreements
September 22, 2005 5:58 PM Court of Appeal Strikes Down Orange County Development Project
July 14, 2005 2:09 AM U.S. Supreme Court Holds Condemnation for Economic Development is Constitutional
July 12, 2005 2:14 AM U.S. Supreme Court Holds That Final Takings Judgment In State Court Precludes Federal Claim
July 11, 2005 2:20 AM California Supreme Court Holds Legislative Appointments to Coastal Commission Are Constitutional

Recent Cases - Transactional

July 18, 2005 5:49 PM Landlord's Profits Following Repossession Do Not Reduce Tenant's Liability For Breach

Safety/Personal Injury

January 4, 2006 6:19 PM California Supreme Court Holds Landowner May Be Liable For Injuries To Independent Contractor's Employee When Landowner Fails To Warn Contractor Of Concealed Hazard
March 1, 2005 1:55 AM Safety/ Personal Injury

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March 1, 2005 12:52 AM Suretyship

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